ATCO Mexico

Privacy

ATCO is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed this Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. We have developed other documents that describe our privacy policies and practices with respect to our employees and with respect to our customers, suppliers and other parties with whom we interact. Read our Privacy Commitment to learn more about our privacy policies and practices.

Identity and address of the data controller.

This Privacy Notice rules the processing of personal data carried out by de ATCO Servicios y Energía, S.A. de C.V., ATCO Pipelines, S.A de C.V., ATCO Energía, S.A de C.V., ATCO Espaciomovil, S.A.P.I. de C.V., AB Development Consulting, S.A. de C.V., Ingeniería Especializada en la Industria Energética, S.A. de C.V., ATCO-Ranman Energía SLP, S.A.P.I. de C.V., Hermes-ATCO Cogeneración Tula, S.A.P.I. de C.V., Electricidad del Golfo, S. de R.L. de C.V., Impulsora de Proyectos Hidroeléctricos, S.A.P.I. de C.V., Central de Cogeneración Hermes-ATCO S.A.P.I. de C.V., and any other subsidiary incorporated in Mexico by ATCO Corporate Group (“ATCO Corporate Group”), as applicable, commercially known as “ATCO”, which will be referred with such commercial name, with domicile in Blvd. Manuel Avila Camacho 40, Piso 15, Col. Lomas de Chapultepec, Del. Miguel Hidalgo, C.P. 11000, Mexico, D.F as Data Controller, which will process the personal data that concerns you as data subject during your interaction with this Website, in order to protect your privacy and your right to informational self-determination, as provided in the Federal Law on the Protection of Personal Data Possessed by Private Persons (“DPL”), its Regulations and the Guidelines for Privacy Notice issued by the Ministry of Economy (hereinafter the “Ordinances”).

Definitions

In terms of this Notice, the terms “Personal Data”, “Sensitive Personal Data”, “Days”, “Processing”, “Data Subject”, “Data Controller”, “Transfer”, “ARCO Rights” – “Right of Access”, “Right to Rectify”, “Right to Cancel”, “Right to Oppose”, Cookies; as well as the other elements provided in this Notice, will have the same meaning as provided in the Ordinances.

Personal data we collect and process

ATCO collects and processes the following personal data: 

First name, last names, e-mail address, position and institution, if such is the case, complete address whether personal or work; if such is the case, phone number whether personal or work; and/or mobile phone number.

ATCO does not collect and process sensitive personal data from you. Furthermore, ATCO does not collect personal data from online-automated collection tools such as cookies or Web beacons in our Website.

The personal data described in the aforementioned subsections of this section are collected through the exchange of e-mails and/or the voluntary and direct supply of information and personal data through our Website.

Purposes

In ATCO we process your personal data in order to carry out the activities and efforts to comply with the obligations originated and derived from the commercial and/or legal relationship with you, and that we consider as primary purposes, including the following:

  1. Providing you with information about our services and products;
  2. Confirming your identity and/or your legal representative´s identity;
  3. Contacting you;
  4. Understanding and addressing your needs;
  5. Verifying the information provided by you;
  6. Preparing quotes regarding our services and products;
  7. Fulfilling the warranties on our services and/or products;
  8. Complying with the applicable legal requirements;
  9. Allowing the management and security of your personal data, and 
  10. Keeping physical, electronic and procedure records of your personal data in terms of the applicable laws and regulations; 

Besides, we process your personal data for other secondary purposes that are not necessary and do not originate from the commercial or legal relationship with you, including:

  1. Providing you with information regarding the planning of events;
  2. Sending you information newsletters, promotions and special offers, as well as other marketing communications or market research about our services and products;
  3. Such communications can be provided by using diverse means, such as e-mail, telephone calls, by means of a mobile device or text message (including SMS and MMS);
  4. Integrating and updating our databases;
  5. Providing you services through our Website, and
  6. Processing your comments, suggestion, claims and clarifications.

Data subject´s consent

For purposes of the provisions of the Ordinances, by these means you manifest: i) that this notice was submitted to you by ATCO prior to the collection and processing of your personal data; ii) that you had read, understood and agreed the terms of this notice, and iii) you grant us your implied consent in terms on this Privacy Notice, should you not object or oppose its content within the following 48 hours after your data were collected and the Privacy Notice was submitted to you through the different means, including its publication in our Website.

Personal data transfers to third parties

ATCO does not share your personal data with third parties located in Mexico or abroad, unless you authorize us for doing so or should any of the exception cases of article 37 of the DPL authorize us to share your personal data in order to comply with our legal and/or contractual obligations.
In terms of Guideline 26 of the Privacy Notice Guidelines, the personal data transfers that ATCO may carry out will have the following features:

  • Recipient third parties: Any Company pertaining to ATCO corporate Group.
  • Purposes of the transfer: Corporate management and support for operations.
  • National or international transfer: National and International
  • Consent required: No, since the companies belong to the same corporate group, and as such, they are subject to the same procedures.

 

Procedure to exercise arco rights and to revoke consent

At any time, you have the right to access, rectify and cancel your personal data and to oppose to the processing of your personal data, or to revoke your consent regarding certain purposes – including secondary purposes – which you authorized once, either directly or by means of your legal representative. For doing so directly, you can edit your online profile, or you can submit the corresponding application by using the available formats provided in our Websites or via e-mail from our Privacy Officer, with the following information and documents:

  1. Your complete name and address or other means – such as your e-mail - to communicate the answer to your request;
  2. Documents that prove your identity - simple copy in printed or electronic format of your voting card, passport or Visa, as appropriate, or the documents of your legal representative - simple copy in printed or electronic format of the executed proxy with your handwritten signature, as well as the handwritten signature of two witnesses and your attorney-in-fact, as well as their corresponding official identifications- voting card, passport or Visa;
  3. A clear and accurate description of the personal data with respect to which you want to exercise any of the ARCO Rights, and
  4. Any other element or document that makes it easier to locate your personal data.

In case of requests for access to your personal data, ATCO will proceed with its delivery by electronic or printed means, by previously proving your identity as the corresponding Data Subject or the identity of your legal representative, as appropriate.

In the case of applications for rectifying your personal data, you must also indicate the amendments to be made and provide the documentation that supports your request.

ATCO will answer you within the following twenty days after the date of receipt of your request for access, rectification, cancellation or opposition, with the adopted determination, in order to, if appropriate, take effect within the following fifteen days after the date on which it communicates to you the answer. In all cases, ATCO will answer you using the same means used by you to submit your request, or by any other means agreed with you. The abovementioned terms may be extended once for an equal period, so long as the circumstances of the case may require it, according to the provisions of the DPL.

The delivery of personal data will be free of charge; you shall only cover the justified costs of shipping or reproduction of copies or other formats. In the event that you reiterate your request within a period no longer than twelve months, you shall cover the corresponding costs or fees in terms of the DPL, unless there are substantial changes to the privacy notice that support further consultations.

For the reception, registry, attention and response to your request for exercising your ARCO rights and/or any other rights provided by the DPL, please contact our Privacy Officer in our premises or via our Website or by e-mail, as provided in section 8.

In case that the information submitted in your application is incorrect or insufficient or does not include the corresponding documentation in order to credit your identity, we may require you that, within the following five days after the date of receipt of your request, you submit the necessary elements or documents for processing your request. You will have ten days for meeting our requirements, once you receive them. If you do not answer within such term, your request will be considered as if it was not submitted.

 

Privacy officer

For any consultation regarding the protection of your personal data, as well as for the enforcement of any right granted in terms of the DPL, please contact our Privacy Officer at ATCO´s office at: Blvd. Manuel Avila Camacho 40, Piso 15, Col. Lomas de Chapultepec, Delegación Miguel Hidalgo, C.P. 11000, or by e-mail: preguntas@atcomexico.mx.

Limitation of use and disclosure of your personal data

ATCO retains your personal data during the necessary time for managing the commercial and/or legal relationship and to maintain records required by the DPL, its Regulations and the applicable legislation in force.

Personal data collected by ATCO is protected by appropriate administrative, technical and physical security measures against damages, loss, alteration, destruction or unauthorized use, access or processing, in accordance with the provisions of the DPL and its Regulations.

For limiting the use or disclosure of your personal data, please contact our Privacy Officer by using the means described in the previous section, in order to request the removal of your e-mail from our e-mailing list for the delivery of online and printed materials about or services and products.

Likewise, you can opt to be excluded from our e-mailing list by using the dialogue boxes available in our Website for such purposes. You can also register at the Public Consumer Registry of the Federal Consumer Agency (https://repep.profeco.gob.mx/) in order to inhibit the reception of phone calls for marketing, promotions and/or other product offers.

Protection for children, disabled persons and persons subject to interdiction: ATCO does not collect personal data from children, disabled persons and persons subject to interdiction, andencourages parents and/or tutors to take an active role in their represented and children´s online activities. If ATCO determines that certain personal information has been provided by a person under the age of 18, a disabled person or a person subject to interdiction in violation of this Privacy Notice, ATCO will delete said information as soon as possible. If you are aware that such information has been provided by a person under the age of 18, a disabled person or a person subject to interdiction please send an e-mail to preguntas@atcomexico.mx.

Amendments to the privacy notice

ATCO withholds the right to amend this Privacy Notice in order to implement the changes of our data protection practices derived from our continued improvement process, as well as to incorporate new measures provided by the DPL, its Regulations or other administrative instruments. We encourage you to regularly review the content of this Privacy Notice in our Website, in which we may publish the amendments with the date of the updated review.

 

Last update: February 13, 2019