Notice of Privacy

CONTENT

I. IDENTITY OF THE RESPONSIBLE ENTITY

II. FOR PURPOSES OF THIS PRIVACY NOTICE, IN A NON-LIMITING MANNER, THE FOLLOWING SHALL BE UNDERSTOOD

III. PURPOSES AND/OR USES OF YOUR PERSONAL DATA

IV. LIMITATION OF THE USE OR DISCLOSURE OF YOUR PERSONAL DATA

V. REVOCATION OF CONSENT FOR THE PROCESSING OF YOUR DATA

VI. TRANSFER TO THIRD PARTIES OF YOUR PERSONAL DATA

VII. CHANGES TO THIS PRIVACY NOTICE

VIII. RIGHTS OF THE OWNER OF THE PERSONAL DATA

I.- IDENTITY OF THE RESPONSIBLE ENTITY

The entity responsible for the personal information you provide is ORGANIKAJ, S.A. DE C.V. operating at the address Río Magdalena 101-4, Colonia Tizapán, Delegación Álvaro Obregón, Ciudad de México, CP 01090. This entity has developed a privacy notice which intention is to help you understand the way we collect, use, transfer and store your personal data, in accordance to the article 8, article 16 of the Constitución Política de los Estados Unidos Mexicanos and in compliance with the Ley Federal de Protección de Datos Personales en Posesión de los Particulares.

Therefore, we inform you that we are Responsible for the processing, use and protection of your personal data that is in our possession. If you wish to revoke your consent regarding the treatment of your personal information or to exercise your rights to access, rectify, cancel or oppose to the use of your information (hereinafter ARCO rights) in order to process that request, it must be sent to the operating address, or via email to: contacto@layatequila.mx

II.- FOR PURPOSES OF THIS PRIVACY NOTICE, IN A NON-LIMITING MANNER, THE FOLLOWING SHALL BE UNDERSTOOD

Personal Data:

Any information referring to an identified or identifiable individual. We collect your data directly when you provide it to us through different means, whereas in our facilities, via phone, when you participate in our promotions or when you give us information to ensure that we provide our services or to purchase our products.

Applicable Current Legislation:

Law: Ley Federal de Protección de Datos Personales en Posesión de los Particulares. (LFPDPPP) Regulation: Reglamento de la Ley Federal de Protección de Datos Personales en Posesión de los Particulares. (RLFPDPPP)

Principles and duties that govern the processing of your personal information:

We collect your personal data for the purposes in this notice, which will be processed observing the principles and duties embodied in the law: lawfulness, consent, information, quality, purpose, loyalty, proportionality, responsibility, confidentiality and security.

Sensitive personal data:

Personal data that affects the most intimate sphere of its holder or whose improper use may give rise to discrimination or entail serious risk to its holder. It is regarded as sensitive personal data those that refer to or are connected with your ethnical or racial origin, current or future health condition, genetic information, religious, moral or philosophical beliefs, sexual preferences, political opinions, among other.

Personal financial data:

If your payment method is a credit or debit card, you will be asked for the following data, that according to the article 8 of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares are deemed within the category of personal financial data: cardholder name, card number, expiration date and name of the bank.

The law requires in cases where the personal data collected includes sensible or financial data, the responsible entity must carry out acts that collect and constitute the express consent of the owner as provided in the second paragraph of the article 8 of the Law and other applicable legislation, whereas through the signing of the consent form, either printed or by electronic means, through direct responses and their appropriate proceedings for the formation of consent, the former is by way of example but not limited to any other means in which express consent might be provided or personal data be supplied by its holder.

Tacit and express consent.

Tacit consent results from facts or events that presupposes it. In such a way, in the absence of denial, we will take into consideration your consent in those terms. As provided in the article 9 of the Ley Federal de Protección a los Datos Personales en Posesión de los Particulares (LFPDPPP), it is required that explicit consent must be stated in order to process sensible and financial data, indicating whether you accept it or not.

Duration of data treatment.

Your personal information will be processed only for the time required to fulfill the purposes outlined in this privacy notice and in any case during the periods stipulated in other legal provisions. Nevertheless, the holder recognizes that its consent will not be required for the processing of their data by the responsible entity or third parties in the cases mentioned in the article 10 of the LFPDPPP.

Special data

We acknowledge how important is the protection and privacy of the personal data. Therefore, the data of people with different capacities and elderly people will not be collected unless there is prior consent of their guardian and regarding to minors data it will not be collected without prior consent of their parent or guardian, being able at any moment to request the cancellation of the processing of their personal data in accordance to what is stablished in this notice.

III.- PURPOSES AND/OR USES OF YOUR PERSONAL DATA

Your personal data will be used depending on the case in which they were provided or collected, always accordingly to this privacy notice or when updates are placed at your disposal in order to fulfill the following purposes:

If you are a client or a prospect client.
If you are our provider or are in process of being one.
For video surveillance inside our facilities.
To access to our facilities.
In our website.
In contracts with third parties.

When this privacy notice has been put at the disposal of the holder and the latter does not state any opposition, it will be understood that the holder is providing its consent to the responsible entity to process the personal data that has been provided or will be provided in the future to fulfill the purposes established in this notice.

Ways in which we collect your personal information

We collect the personal information from the holder directly in any means of contact between the holder and the responsible entity or its representatives.

We may also collect personal data indirectly through public access sources and any other available sources permitted, such as phonebooks, public databases on internet, among others and its use will be to fulfill the consented purpose.

Personal data that will be collected and processed:

(i) Identification data (including identifiable physical traits); (ii) contact data; (iii) patrimonial data; (iv)financial data; (v) academic data; and, (vi) employment data.

If deemed as necessary, we can conduct enquiries or any other action to verify through any third parties, unit or authority the veracity of the data that was provided.

Your personal data will be processed based on the principles and duties embodied in the law, which are: lawfulness, consent, information, quality, purpose, loyalty, proportionality, responsibility, confidentiality, and security. To ensure the confidentiality of your data we have adopted and implemented physical, technical, and administrative security measures aimed to protect your data and avoid any damage, loss, alteration, destruction, unauthorized use, access or any unduly disclosure.

1.- IF YOU ARE A CLIENT OR A POTENTIAL CLIENT:

Your personal data will be used for the following purposes:

To fulfill the obligations arising from a contract, namely to provide the products and services that had been required to enforce and/ or execute a contract, for statistical purposes, to inform about changes or new products and services which are related to what was contracted or acquired by the holder, to evaluate and determine the quality of our products and services, exchange necessary information to conduct internal and external auditing, as well as for commercial prospection, marketing, advertisement, provide benefits, fulfill contractual obligations and to conduct consumer habit internal studies.

2.- IF YOU ARE A PROVIDER OR ARE IN A PROCESS OF BEING ONE:

Your Personal data will be used for the following purposes:

The necessary conditions for the creation of a commercial relationship between the provider and the responsible entity, the assessment of possible providers and if the criteria are met being able to sign to them as a provider in the future. Also, to keep a record of contracted providers and their services for their further registry and integration of their administrative files in our systems, to make transfers with their data to third parties in terms of the privacy notice.

3.- FOR VIDEO SURVEILANCE INSIDE OUR FACILITIES.

The footage obtained by our surveillance cameras that are within our premises are for your safety and for all our visitors and collaborators through permanent monitoring. The images are withheld for up to 30 days for security reasons, after which they will be permanently deleted.

4.- TO ACCESS TO OUR FACILITIES.

To enter our facilities, we request the following data: full name, name of the person and department you are visiting, and a wearing visitor’s badge that will be provided.

5.-ON OUR WEBSITE.

We inform you that in our website we use cookies, web beacons or other technologies, through which is possible to monitor your behavior as an internet user, as well as to provide you a better service and experience when browsing through our website. The personal data that we gather through these technologies, will be used for marketing and statistical purposes and to facilitate the user access to the website. The cookies from: contacto@layatequila.mx are only associated with an anonymous user and your computer and do not provide references of private data from the user.

The personal information that we obtain from these tracking technologies are the following: Identification data from a single session, preferred language chosen by the user, region in which the user is located, type of browser from the user, type of the operating system from the user, date and time of starting and finishing a session, websites visited by the user, searches made by a user and advertising reviewed by a user.

We remind you that you can deactivate, disable or adjust the use of cookies and other technologies by following the procedures of the internet browser you use.

Google Chrome

On your computer, open Chrome.
At the top right, click More
Under “Privacy and security,” click Cookies and other site data.
Click See all cookies and site data Remove all.
Confirm by clicking Clear all.

Internet Explorer

Internet Explorer, select the Tools button, and then select Internet options.
Select the Privacy tab, and under Settings, select Advanced and choose whether you want to accept, block, or be prompted for first-party and third-party cookies.

Safari

In the Safari app on your Mac, choose Safari > Preferences, click Privacy, then do any of the following:

Prevent trackers from using cookies and website data to track you: Select “Prevent cross-site tracking.”

Cookies and website data are deleted unless you visit and interact with the trackers’ websites.

Always block cookies: Select “Block all cookies.”

Firefox

To set Firefox to block cookies from all websites:

Click the menu button and select Options.
Select the Privacy & Security
In the Enhanced Tracking Protection section, select Customand check mark Cookies
Use the drop-down menu to choose the type of cookies to block.
Close the about: preferences page. Any changes you have made will automatically be saved.

6.- IN CONTRACTS WITH THIRD PARTIES

In third party contracts, such as leasing contracts, provision of professional services and others of similar nature, we are committed to respect and give the appropriate treatment to the necessary personal data that is required to conclude this contract, as stablished in the Ley Federal de Protección de Datos Personales en Posesión de los Particulares. If the parties have access to this privacy notice and do not express any opposition regarding the content of it, it shall be understood as their expressed consent by signing such contract.

IV.-LIMITATION OF THE USE OR DISCLOSURE OF YOUR PERSONAL DATA.

If you wish to restrict the use or disclosure of your personal data in our possession, the mechanism that has been implemented to exercise your rights is to send an email to the following address contacto@layatequila.mx with the subject: REQUEST FOR THE LIMITATION OR DISCLOSURE OF PERSONAL DATA. The email must contain the following information:

Name of the owner of the personal data.
A description of the personal data to which the limitation or disclosure is proposed.
Address or email address to receive notifications.
Any of the following Documents that proves the identity of the holder
Credencial para votar (issued by Instituto Nacional Electoral).
National Military Service Card.
Professional license.
Postal identity card (issued by SEPOMEX).
Certificate of documentary proof of studies.
IMSS affiliation card.
ISSSTE affiliation card.
Immigration document validating the foreigner’s legal status in the country.

The original document must be presented for validation. For the purpose of validating this document, you can make an appointment to this email address contacto@layatequila.mx and present it physically at Río Magdalena 101-4, Colonia Tizapán, delegación Álvaro Obregón, Ciudad de México, CP 01090.

If the holder of the personal data wishes to enforce the limitation and disclosure of its personal data through a legal representative, in addition to the accreditation of the identity of both in the aforementioned terms, we must also certify the representation through any of this means.

Public instrument (document signed by a Notary Public)
Power of attorney signed before two witnesses (attaching a simple copy of their official identifications)
You and your representative to appear at the hearing of the person in charge.

V.- REVOCATION OF THE CONSENT FOR THE PROCESSING OF YOUR DATA. DATOS

You have the right to revoke the consent for the processing of your personal data.

The mechanism that has been implemented to exercise those rights is to an email to the following address contacto@layatequila.mx with the subject: REQUEST FOR THE REVOCATION OF CONSENT OF THE PROCESSING OF PERSONAL DATA. The email must contain the following information:

Name of the owner of the personal data.
A description of the personal data to which the revoke of consent is proposed.
Address or email address to receive notifications.
Any of the following Documents that proves the identity of the holder:
Credencial para votar (issued by Instituto Nacional Electoral).
National Military Service Card.
Professional license.
Postal identity card (issued by SEPOMEX).
Certificate of documentary proof of studies.
IMSS affiliation card.
ISSSTE affiliation card.
Immigration document validating the foreigner’s legal status in the country.

If the holder of the personal data wishes to enforce the revoke of consent through a legal representative, in addition to the accreditation of the identity of both in the aforementioned terms, we must also certify the representation through any of this means.

Public instrument (document signed by a Notary Public)
Power of attorney signed before two witnesses (attaching a simple copy of their official identifications)
You and your representative to appear at the hearing of the person in charge.

The time to meet your request is within no more than 20 working days. We will inform you regarding the applicability of your request through the means you provided us for notification.

VI.- TRANSFER TO THIRD PARTIES OF YOUR PERSONAL DATA.

We commit to not transfer your personal information to third parties without your consent, except in the case of the provisions of article 37 of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares.

Article 37. Domestic or international transfers of data may be carried out without the consent of the data owner in the following cases

Where the transfer is pursuant to a Law or Treaty to which Mexico is party;
Where the transfer is necessary for medical diagnosis or prevention, healthcare delivery, medical treatment or health services management;

III. Where the transfer is made to holding companies, subsidiaries or affiliates under common control of the data controller, or to a parent company or any company of the same group as the data controller, operating under the same internal processes and policies;

Where the transfer is necessary by virtue of a contract executed or to be executed in the interest of the data owner between the data controller and a third party;
Where the transfer is necessary or legally required to safeguard public interest or for the administration of justice;
Where the transfer is necessary for the recognition, exercise or defense of a right in a judicial proceeding, and

VII. Where the transfer is necessary to maintain or fulfill a legal relationship between the data controller and the data owner

We will solely transfer your personal data to domestic or foreign third parties that are legally or commercially related to us to fulfill the purposes outlined in this privacy notice and in the updates placed at your disposal. Therefore, we can transfer your personal data in the cases provided for and authorized by the Ley Federal de Protección de Datos Personales en Posesión de los Particulares or according to the following:

To the Servicio de Administración Tributaria, by vitue of the process of issuing and dispatch of Comprobantes Fiscales Digitales por Internet.
To affiliates or subsidiaries that are identified or associated with us.
To different authorities for the relief or requirements or for being included in any legislation.

Your personal information will be processed only for the time required to fulfill the purposes outlined in this privacy notice and in any case during the periods stipulated in the legal provisions.

VII.- CHANGES TO THIS PRIVACY NOTICE.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of this privacy notice at any time. Derived from legislative developments, internal policies or new requirements for the provision or offering of our services, this Privacy Notice will be subject to modification or update. Such modifications will be published on the site: globalorganikaj.com, ojoextelar.com and layatequila.mx

VIII.- RIGHTS OF THE HOLDER OF THE PERSONAL DATA.

You can exercise any of your rights of access, rectification, cancellation or opposition (“ARCO rights”) regarding your personal and/or sensible data. Furthermore, you can also limit the use or disclosure of your data and revoke your consent for the processing of your data, provided that processing is not necessary or results from a legal relationship.

ARCO RIGHTS CONSISTS IN:

ACCESS. – That you are informed which of your personal data is contained in our system, what are they being used for, the origin and all kinds of communications that have been made with them, and as a whole, the status and generalities of the processing. The obligation for access shall be fulfilled when personal data are made available to the owner or by issuing simple copies, electronic documents or any other technologies that are deemed as adequate.

RECTIFICATION. – That your personal data is corrected or updated if it is inaccurate or incomplete.

CANCELATION. – That your personal data is taken down totally or partially form our data base system. This request may lead to a blocking period, after which your data will be suppressed.

OPOSITION. – To oppose for a legitimate cause to the processing of your personal data by our company.

If you wish to access to your personal data, rectify it, cancel it or oppose to their use, the mechanism that has been implemented to exercise those rights is sending an email to the following address contacto@layatequila.mx with the subject: REQUEST FOR ACCESS, RECTIFICATION, CANCELLATION OR OPOSITION( as the case may be) The email must contain the following information:

Name of the owner of the personal data.
Clear and precise description of personal data and the right to be exercised or what is requested.
A description of the personal data to which the revoke of consent is proposed.
Address or email address to receive notifications.
Any of the following Documents that proves the identity of the holder:

Credencial para votar (issued by Instituto Nacional Electoral).
National Military Service Card.
Professional license.
Postal identity card (issued by SEPOMEX).
Certificate of documentary proof of studies.
IMSS affiliation card.
ISSSTE affiliation card.
Immigration document validating the foreigner’s legal status in the country.

Public instrument (document signed by a Notary Public)
Power of attorney signed before two witnesses (attaching a simple copy of their official identifications)
You and your representative to appear at the hearing of the person in charge.
Clear and precise description of personal data and the right to be exercised or what is requested.
The data or documents that facilitate identifying the information subject of the application.

If you consider that your rights have been violated regarding the protection of personal data, you have the right to go to the appropriate authority to defend its exercise. The authority is the Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (INAI), their website is: www.inai.org.mx

The processing of your personal data under our possession will be conducted under these terms and conditions, as from this moment it is understood that you expressly authorize us to process your personal information for such effects, as long as you do not state any opposition through any of the means provided by the law. For any further issue regarding the processing of your personal data, subjects can address their request to the email contacto@layatequila.mx

DISCLAIMER. – This is a courtesy English translation. Should any conflict or controversy result between the Spanish and the English version, the Spanish version shall prevail.

Latest Update: May 25th, 2021.