Comprehensive privacy notice for Strategic

Date of preparation: July 21, 2016

Last update: December 11, 2019

 

Comprehensive privacy notice for Strategic
 

1. WHO IS FECHAC AND ON WHAT LEGAL BASIS DO WE USE YOUR DATA?

We are a non-profit, non-partisan, independent and autonomous grant-making foundation. Together with the business community, government and civil society we implement projects and programs to promote the human and social development of the people of Chihuahua. In accordance with the Federal Law for the Protection of Data in Possession of Private Companies or Individuals ("The Law”), LFPDPPP in Spanish, and its Regulations ("The Regulations”), Fundación del Empresariado Chihuahuense, A.C., namely Fechac, declares as official address for service of process its registered office located in the State of Chihuahua, Prolongación Teófilo Borunda #10820, Col. Labor de Terrazas, Chihuahua, Chih., México, C.P. 31223. When this Notice mentions “we”, “us”, or the “Foundation”, it refers to the Data Controller under this Notice with which you had, have or will have a legal relationship, in the terms of The Law, or that otherwise decides which of your personal data are collected and how they are used. Please keep in mind that we draft this Privacy Notice in order to help you understand who we are, what personal data we collect about you, why we collect it, and what we do with it. We strongly encourage you to take some time to read this Notice in full and further consult the mentioned laws and regulations if in doubt.

2. WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?

To fulfill the purposes described in this Privacy Notice, we collect personal data such as your contact information, credit reports, immigration status and academic, professional or employment related data; as well as photographs and video recordings of all of our opening and closing events and follow up activities of our programs or projects.

Additionally, we will use sensitive personal data such as bank accounts and credit records, which require special protection, except when the collected data has the purpose of fulfilling obligations related to your participation as Legal Representative, Strategic Partner or Head Leader in one of our projects or programs, in accordance with article 10, section IV of the LFPDPPP.

Your data will be collected in person during a scheduled visit or during the presentation or follow up on an authorized program, plan or project to be developed in collaboration; directly, when you provide us with your personal data by telephone to schedule a meeting or a visit, by email, website or any other authorized digital medium and/or indirectly, when the data is obtained from any other available source of information permitted by the law.

Other data: In accordance with the regulations applicable to Fechac and Civil Society Organizations (CSO), as well as the applicable regulations on transparency in the receipt and use of public resources from a government Trust, it is mandatory to collect information from the beneficiaries or trustees of the programs, plans or projects receiving support, as well as from the people who integrate the work teams responsible for the planning, development, implementation, application, supervision and evaluation of the plans or programs to evidence the adequate use of the resources that have been granted and allocated.

Such data may include sensitive data including health conditions, ethnic or racial origin, criminal background, sexual orientation and other information related to the program, plan or project through which the data subjects will benefit.

It is the responsibility of the CSO to notify and obtain consent from such subjects through their Privacy Notice and other mechanisms implemented to ensure respect for and compliance with the subject's rights to privacy and personal data protection.

We, as Data Controller of personal data, resulting from the supervision or direct evaluation of the beneficiaries or trustees of the programs, plans or projects we support, are legally required to provide our own "Privacy Notice for Beneficiaries".

3. HOW DO WE USE YOUR PERSONAL DATA?

The personal data that we collect from you will be used for the following purposes:

• To register and evaluate the CSO you represent or you form part of to collaborate in any of the projects, plans or programs we support.
• To verify your personal information and references in social programs by “Fechac”.
• To sign a Collaboration Agreement and a Non-Disclosure Agreement.
• To register you as a contact in our CSO database and keep you informed about our events, projects and programs.
• To prepare a file as a collaborating CSO within “Fechac”.
• To generate the necessary internal communication to coordinate and assign the appropriate work team, as well as the timely allocation of operational and financial resources required for the development of the program, plan or project that has been authorized.
• To include your contact information in the corresponding government reports as a collaborating CSO in one of our programs, plans or projects, in accordance with the local Transparency Law.
• To share your contact information with donors who contributed with human, material or financial resources to the program, plan or project being developed in order to perform their own observations, visits and evaluations to verify the adequate use of the resources they contributed, before, during and after the program.
• To share with you the results of the efficiency evaluation of the programs or projects supported by the Council.
• To sign progress reports of the programs, plans or projects that have been implemented in collaboration with us, as well as the project delivery certificate upon completion.

Additionally, prior consent, we may use your personal information for secondary purposes. These purposes are not needed for the fulfillment of our activities, but help us improve our customer service and keep you informed of our projects and programs:

• To elaborate informative material, invitations or publicity with photographs or video recordings in which you may be featured,
• To publish your contact details in the directory available on our website www.fechac.org
• To generate and disseminate our annual report, which may include the use of photographs and video recordings in which you may be featured,
• To generate and disseminate a monthly newsletter to showcase our projects and programs,
• To send you the message of the Chairman of our Board of Directors via email, which may include the use of photographs or video recordings;
• To send you information, invitations and announcements about events, projects and programs that are directly related to our activities.

If you do not agree to any of the abovementioned secondary purposes, please mark with an "X" the box to the left of each purpose, or request and submit form F132, Form of Refusal to Process Personal Data for Secondary Purposes, at the email protecciondatos@fechac.org.mx at any time during the processing of your personal data, or deliver it in person to Fechac's Personal Data Protection Officer at Prolongación Teófilo Borunda No.10820, Col. Labor de Terrazas, Chihuahua, Chih., México, C.P. 31223.

If you do not opt-in consent to the use of you personal data for these purposes, we will no discriminate against you for exercising your rights. We will not deny you the exercise of your faculties and powers, and your right to represent Fechac as a Counsellor.

If you do not express your refusal to process your data within the next 5 days from the date of submission of this Privacy Notice, it will be understood that you have given your consent for such secondary purposes.

4. WITH WHOM DO WE SHARE YOUR INFORMATION AND FOR WHAT PURPOSES?

We share your personal data with third-party organizations and authorities around the globe, which belong to one of the Sectors listed below and for the following purposes:

DATA TRANSMISSION AND PURPOSES BY SECTOR:

Scope	Sector	Recipient of the Personal Data	Purpose
National and international	Private	Providers of logistical support services for events, catering, staging, photography and video recording	Conducting and producing events, conferences, press conferences, documentaries, video recordings and photo shoots for events and as evidence of application of resources.
		Courier services	Deliver official Fechac documents such as invitations and reports.
		Law firms	Legal advice specialized in reviewing contracts and regulatory compliance.
		Information Backup and Hosting Providers	Backup of personal and institutional information. Hosting services for storing information in: email, internal management platforms and web pages managed by Fechac.
		External auditors	Carrying out audits of applicable regulatory compliance and ISO 9000.
		Consultants in different subjects	Advice for the implementation of regulations and/or identification of areas of opportunity in continuous improvement processes.
		National and/or international donors.	Generation of reports regarding the duly distribution of resources in the programs, plans or projects we support in collaboration with other CSOs (*).
		Perimeter Security and Surveillance Providers	Provide intramural security services and video surveillance cameras inside and outside of our facilities.
		Providers of web design, interactive platforms and technological security	Website design, custom management platforms. Evaluation of security measures to prevent the breach of information, as well as addressing and managing any situation of infringement at any given time.
National	Public	Transparency supervision and compliance authorities.	Preparation of distribution reports and support documents of the resources allocated in authorized projects (*).
		State and Local Fiscal Auditors	Conducting Tax audits.

 

Data transfers marked with an asterisk (*) require your consent. If you agree to such data usage, please check the box to the left of the following paragraph:

• I consent that my personal data be transferred to the data processors or third parties described in this Privacy Notice. 

Please note that we do not require consent from the Data Subject to perform national or international transfers in the cases provided for in Article 37 of "The Law”.

Data recipients, data processors and trusted third parties shall assume the same responsibilities as the Data Controller for all personal data in accordance with the terms defined in this privacy notice. The Data Controller shall therefore disclose this privacy notice to data recipients, processors and third parties to ensure that it is respected at all times, and refrain from misprocessing and transferring personal data to unauthorized third parties unless it is the result of a sub-contract authorized by the Data Controller; as well as to keep the data confidential, define and implement security measures to protect them, and eliminate them at the request of the Data Controller at the moment of concluding the relationship or purpose of the processing, as indicated in article 50 of the LFPDPPP regulations and other applicable provisions.

5. MEANS TO RESTRICT THE USE OR DISCLOSURE OF YOUR PERSONAL DATA

If you wish to restrict the use and disclosure of your personal information, please contact us and request to be registered in our exclusion list at the email: protecciondatos@fechac.org, we will not process your personal data for marketing, advertising or commercial promotion purposes.

6. DATA SUBJECT RIGHTS (ARCO) AND WITHDRAWAL OF CONSENT

Please remember you may withdraw your consent to process your personal data at any time. You have the right to know what personal data we have about you, what we use it for and how we process it (Access); to request the correction of your personal information if it is outdated, inaccurate or incomplete (Rectification); to request that your information be removed from our records or databases when you consider that it is not being used in accordance with the principles, duties and obligations described in applicable regulations (Cancellation); as well as to object to the processing and use of your personal data for specific purposes (Object). The abovementioned rights are collectively known as ARCO rights in Spanish.

If you wish to withdraw your consent or exercise any of your ARCO rights, you must submit form F127, Form for the Exercise of ARCO Rights or Withdrawal of Consent , by email or deliver it at our address indicated in this Privacy Notice.

Please follow the next steps and provide the following information to withdraw your consent or exercise your rights:

1. Send your F127 form to protecciondatos@fechac.org, or personally contact our Personal Data Protection Officer at our address and provide the following documents and information:

1. Full name of the Data Subject, address or email to receive our response.
2. Official documentation proving the identity of the Data Subject (printed or electronic copy of the voter's credential or passport) or their legal representative (printed or electronic copy of the public document, or limited power of attorney with the handwritten signature of the Data Subject, the attorney-in-fact, two witnesses and their corresponding valid non-expired official IDs, voter's credential or passport).
3. Clear and precise description of the personal data you request to exercise your ARCO rights on (only for ARCO rights).
4. Any other element or document that facilitates the location of the Subject's personal data.

1. If you are requesting a rectification of personal data, please indicate the modification(s) to be made, and provide the documentation that supports your request.
2. If the information submitted in your request for the exercise of ARCO rights is insufficient or incorrect, or the required documents are missing from your request, we will request you, within five working days following the receipt of your application, one time only, to provide the elements or documents necessary to process it.
3. The Data Subject will have ten business days to answer to our reply, starting from the day after it has been sent. If no answer is received within this period, the request will be deemed not to have been submitted. If the reply is answered, the deadline for the response will begin the day after its receipt.
4. We will notify the Data Subject or their legal representative of the resolution within a maximum period of 20 (twenty) working days from the date the withdrawal of consent or the request for access, rectification, cancellation or object of personal data was received. If the request holds valid, we will comply within 15 (fifteen) working days from the date in which the resolution was notified.

If you wish to inquire about your personal data or exercise your ARCO rights, you may initially and independently contact the Coordinator of Operations of the local Council you participate in to seek advice to resolve your query or process a request. Please use the information below to contact a Coordinator; they will assist you at no cost.

	State and Highland Zone		Camargo		Chihuahua
	Prolongación Teófilo Borunda #10820 Col. Labor de Terrazas, C.P. 31223 Chihuahua, Chih. Mexico Tel. (01 614) 413-2020		Francisco Márquez #209 Col. La Lagunita, C.P. 33730 Camargo, Chih. Mexico Tel. (01 648) 462-4605		Prolongación Teófilo Borunda #10820 Col. Labor de Terrazas, C.P. 31223 Chihuahua, Chih. Mexico Tel. (01 614) 413-2020
	Cuauhtémoc		Delicias		Jiménez
	Calle Centauro del Norte #725-B Col. Revolución Mexicana, C.P. 31572 Cuauhtémoc, Chihuahua, México Tel. (01 625) 583-1390		Av. 5ta Oriente #501 Col. Centro, C.P. 33000 Delicias, Chih. Mexico Tel. (01 639) 467-7208		Calle Iturbide #1009 Col. Andavazo, C.P. 33980 Jiménez, Chih. Mexico Tel. (01 629) 542-3530
	Juárez		Nuevo Casas Grandes		Ojinaga
	Anillo Envolvente #780 Zona Pronaf, C.P. 32315 Juárez, Chih. Mexico Tel. (01 656) 617-2241 and 617-2242, Fax (01 656) 617-2244		Pablo VI #1430 Fracc. Juan Pablo II, C.P. 31704 Nuevo Casas Grandes, Chih. Mexico Tel. (01 636) 690-4395		Blvd. Libre Comercio y Morelos #1401 Col. Constitución, C.P. 32882 Ojinaga, Chih. Mexico Tel. (01 626) 453-1259
	Parral
	Calle Constitución #9 Col. Centro, C.P. 33800 Parral, Chih. Mexico Tel. (01 627) 525-7700

 

Regardless of the advice provided by the Coordinators, the Personal Data Protection Officer will be in charge of processing ARCO rights requests or withdrawals of consent, as well as answering any questions you may have regarding the processing of your personal information. Please find below the Officers' contact information:

Personal Data Protection Officer

Email: protecciondatos@fechac.org 

Address: Prolongación Teófilo Borunda #10820, Col. Labor de Terrazas, Chihuahua, Chih., México, C.P. 31223, Phone number: (614) 413-2020, extension 231.

If your request is rejected or you do not receive a response within the deadline, you have 15 working days to file a request for “Data Protection” before the National Institute for Transparency, Access to Information and Personal Data Protection (INAI in Spanish) at www.inai.org.mx.

You may withdraw your consent to process your personal data at any time.

If you disagree with our response or if our measures are not being implemented as reported, you have the right to request a “Verification Process” with the Inai at their website www.inai.org. mx.mx.

7. USE OF TRACKING TECHNOLOGIES IN OUR WEB PORTALS Our Privacy Notice is publicly available at our website www.fechac.org in the “Privacy” section at the bottom of the page, where you will be able to agree and consent to our terms and conditions.

Use of Web Beacons: We will use IP information to analyze any type of threat to the sites www.fechac.org and www.fechac.mx, as well as to collect demographic information. However, the IP information will never be used to identify the Data Subject, except when there are probabilities of fraudulent activity or threats to the portal.

Web Beacons are visible or hidden images in a website or email, which are used to monitor user behavior. Web Beacons can obtain information such as the IP address of origin, browser used, operating system, when the page was accessed, and in the case of email, it can associate the abovementioned data with the recipient.

Use of Cookies: "Technical cookies" are used only to facilitate access and navigation on our website from any device and improve functionality. The information we collect will never be used to identify or track the Data Subject.

You can disable the use Cookies and Web Beacons at anytime. Please follow your browser's instructions if you wish to do so.

8. MODIFICATIONS TO THE PRIVACY NOTICE

We reserve the right to make changes or updates to our Privacy Notice at any time. Modifications may arise from amendments to or changes in legal and regulatory provisions, internal policies or the processing, protection or purpose of use of collected personal data. All modifications will be publicly available at our website www.fechac.org in the "Privacy" section at the bottom of the page.

9. GOOD PRACTICE

Information and personal data of persons in state of interdiction and disability: Taking care of the personal information of people in a state of interdiction or disability is specially important to us. To do so, we have established specific safeguards to protect their data, including:

• Legal representatives must expressly and in writing consent to personal data processing through an affidavit.
• Legal representatives must submit proof of representation in original and simple copy, as well as a copy of their voter's identification or passport.
• All information and personal data of persons in state of interdiction and disability will be subject to stronger security measures in order to ensure confidentiality.