PRIVACY NOTICE
PICSZIO, S.A.P.I. DE C.V., a corporation incorporated under the laws of Mexico, domiciled at Lago Alberto 320, Torre KMD 2 1001, Colonia Granada, C.P. 11520, Miguel Hidalgo, Mexico City, whose website is (www.piczio.app) (hereinafter "PICZIO" or the "Responsible") in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, its Regulations, the guidelines of the privacy notice and other applicable provisions (jointly and hereinafter "Data Law"), informs you of the following:
This notice (the "Privacy Notice" or "Notice") applies to all our customers and current or potential users and, in general, to all persons and users who provide us with personal data and/or register or purchase goods and/or services via the web portal (www.piczio.app), the application and/or any technological platform developed and/or managed or used by PICZIO (hereinafter and indistinctly "web portal", "platform", "application"), through email ([email protected] ) by registering or registering with the PICZIO platform, or with the use of the same, including but not limited to formats, functionalities, records, camera, voice recording, and/or forms authorized by the users.
Should you wish to obtain further information about this Privacy Notice or exercise any of your rights arising from the processing of your personal data, you may contact the Privacy Officer at the following e-mail address: ([email protected] ) (the "Privacy Officer").
1. For what purposes will we use your personal data?
Your personal data will be processed for the purposes detailed below:
1. Necessary for the legal relationship with Piczio:
a. For purposes related to the maintenance or termination of our contractual relationship with you, including without limitation, your registration on our platform and obtaining a profile, generation of passwords or keys, activation of forms, functionalities and other actions and processes comprised in the platform, including without limitation the acquisition of goods and/or services through the platform.
b. To sort, catalog, classify, divide or separate and store personal data within Piczio's systems and files.
c. To create and manage the user account through the mobile number provided by you, if applicable.
d. To keep you informed regarding the conditions of provision of our services, as well as the functionalities, processes and controls that from time to time may be implemented or updated.
e. To maintain communication with you, with a view to providing better service, and offering new features, goods and/or services.
f. For the development of various procedures directly related to Piczio's corporate purpose, and the creation and administration of databases to be used by Piczio or its agents for the fulfillment of its corporate purpose and the functionalities established in the platform.
g. In order to adopt measures to prevent the development of illicit activities and for other fiscal purposes in accordance with the provisions of the laws applicable in the United Mexican States.
i. Support internal or external auditing processes.
j. Preservation of the information for the terms established in the applicable laws.
k. Conduct payment behavior analysis and evaluations for the offer and provision of additional services or products directly by Piczio and/or through business alliances with third parties.
l. Activation and development of technological functionalities within the application or platform that you can use and / or in which you can register. The foregoing includes the offering of technological and financial solutions integrated into the platform, of which Piczio is not the owner, nor responsible for or maintains control, and which nevertheless sometimes require your data for the correct and effective operation.
m. Offer you products, functionalities, goods and/or services on or off the platform or application in accordance with your preferences and/or your behavior of the same.
n. Identify atypical, illicit behavior or behavior that may, directly or indirectly, affect the platform and/or third parties or Piczio.
2. Not necessary for the legal relationship with TUL:
a. Marketing and market research purposes:
i. Conducting surveys and offering or recognizing the benefits of the after-sales service, in order to qualify the service and attention through the channels provided for this purpose.
ii. To control the historical registry of information, with the purpose of user satisfaction by developing a study on interests and needs; thus offering a better service.
iii. Send information to data processors to facilitate and optimize the quality of Piczio's service.
b. Advertising or commercial prospecting:
To inform you about updates of our suppliers' products, in order to formalize the relationship of consumption of the products and/or services offered.
Send to the physical or electronic mail, application, cell phone or mobile device, notifications, via text messages (SMS and/or MMS) or through any other analog and/or digital means of communication created or to be created, commercial, advertising or promotional information about the products and/or services, events and/or promotions of commercial or non-commercial nature of these, in order to promote, invite, direct, execute, inform and in general, carry out campaigns, promotions or contests of commercial or advertising nature, implemented by Piczio and/or by third parties related to this or its activity.
We may send you advertisements of our services, if you do not wish to receive promotional messages from us, you may request it to our Privacy Officer by sending an e-mail to our Privacy Officer.
2. What personal data will we use for these purposes?
To carry out the purposes described in this Privacy Notice, we will use the following personal data:
1. Full name
Gender
3. Date of birth
4. Cell phone number
5. Address
6. E-mail address
8. Number and frequency of visits to our website, platform or application.
9. Products purchased and/or registered on the website, platform or application.
10. Location of the device at the time of using our application or visiting our website, as well as type and model of device through which you use the platform.
11. Image of the user in case it is uploaded by the user to our application.
12. Voice and image that, if applicable, are uploaded or provided through the different technological functionalities implemented in the application or platform, with the user's consent.
Piczio may from time to time request financial information in case you want to use certain features or solutions integrated into the platform. Piczio will collect this financial personal data in its capacity as the responsible party and the third parties in charge of the technology, development or infrastructure inherent to the functionalities or products will use your personal data in their capacity as those in charge of them, in accordance with the applicable legislation in force on the matter, . Likewise, you accept that your personal data, as well as all the information you provide through generative artificial intelligence models or machine learning, may generate answers, records, indicators, results, data or a successive training that in turn allows obtaining elements of a different nature for which you are not and will not be the owner.
In any case, if information or personal data of a patrimonial, financial or sensitive nature is required, Piczio will obtain the consent of the owner expressly, in compliance with the applicable regulations in force.
Piczio may collect your personal data either personally or directly through email, telephone communication, correspondence, or through the different sections within the website, platform or application, as well as through other sources permitted by applicable laws, which at all times will adhere to the terms set forth in this Notice and/or Piczio's Privacy Policy.
With whom do we share your personal information and for what purposes?
We inform you that your personal data will not be shared by Piczio with third parties, except in the cases of exception allowed by the Data Law and its Regulations, or in cases where such transfer is necessary in order to comply with legal, accounting, regulatory or contractual obligations. This includes transfers from Piczio to controlling companies, subsidiaries, affiliates, the parent company or any company of the same group of Piczio that operate under the same processes and internal policies, to whom we also share this Privacy Notice. We also inform you that Piczio may send your personal data to third party service providers necessary to comply with legal, accounting, regulatory or contractual obligations of Piczio, as well as to third parties that provide services related to information technology, operation and administration. In the same way, Piczio may transfer your personal data to third parties and/or allies with whom it maintains a legal or commercial relationship related to a service or product offered and/or provided through the application and/or website of Piczio, provided that such transfer is necessary to comply with and/or follow up on the obligations arising from the contract or acts entered into, to be entered into, between the owner of the personal data, the third party ally and/or Piczio.
In the event that an additional transfer is necessary and requires your authorization, Piczio will notify you of the nature of such transfer, its purposes and the identity of the third party to whom your personal data will be transferred in order to obtain your express consent.
4. How can I access, rectify or cancel my personal data, or object to its use?
Piczio recognizes and guarantees the following rights of the holders of personal data, in accordance with the provisions of this Notice: (i) access your personal data, (ii) rectify them in case they are inaccurate or incomplete, (iii) cancel them when you consider that they are not required for any of the purposes stated in this Privacy Notice, that they are being used for non-consensual purposes or the contractual or service relationship has ended, or (iv) oppose the processing of them for specific purposes (collectively, the "ARCO Rights"). It is important to note that the exercise of each of these rights is independent of each other, that is, it is not necessary to exhaust one to exercise any of the others.
To exercise your ARCO Rights, you must send an ARCO Rights request to the Privacy Officer for attention and follow-up. It is important that your request includes the following information and documents:
i. Name, address and e-mail address.
ii. A copy of the documents that prove your identity (e.g., copy of voter's credential, passport or any other official identification).
iii. A clear and precise description of the personal data with respect to which you are seeking to exercise any of the ARCO Rights.
iv. Any document or information that facilitates the location of your personal data.
v. In case of requesting the rectification of your personal data, you must also indicate the changes to be made and provide documentation to support your request.
Our response will be sent to the email address indicated in your request within a maximum of 10 business days from the day we receive your request. If your request is answered in the affirmative or appropriate, the requested changes will be made within a maximum of 15 business days. If you request access to your personal information, Piczio will inform you by e-mail of our response to your request and the means by which you will be given access to your personal information. Piczio may extend the deadlines referred to in this paragraph, only once, for a period equal to the original, which will be communicated to you.
Piczio may deny the exercise of your ARCO Rights where permitted by the Data Law. The reason for such a decision will be communicated to you. Our refusal may be partial, in which case Piczio will carry out the access, rectification, cancellation or opposition in the appropriate part.
5. How can I revoke my consent to the use of my personal data?
To revoke your consent to the processing of your personal data, you must submit a request to the Privacy Officer, specifying your name, address and email address, as well as a detailed description of your request, attaching the documentation that proves your identity as owner of the personal data or, if applicable, the legal representation of the owner. However, not in all cases we will be able to fulfill your request and conclude the processing of your personal data immediately, since it is possible that due to some legal obligation we may need to continue processing your personal data. Please also note that the revocation of your consent may result in the impossibility to continue providing our services. The Privacy Officer will acknowledge receipt of your request, and will carry out an analysis of it in accordance with the Data Law, its Regulations and internal privacy policies of TUL, giving you a response no later than 20 working days after the day on which it was received, and may issue such response in the affirmative or negative and being duly grounded. The response will be sent to the email address provided at the time of making the respective request.
If you do not agree with this Privacy Notice, you should refrain from providing personal information and from accessing, browsing and/or using Piczio's functions and services, which include but are not limited to the website, apps, applications, digital platforms, phone calls, video calls, email, text messages and/or any other existing or future technological or analogous means. We will understand your access and use of our services (and the non-express opposition to this Privacy Notice) as a manifestation of your tacit consent and acceptance of this Privacy Notice.
How can I limit the use or disclosure of my personal information?
You may limit the use or disclosure of your personal information to prevent it from being used or disclosed for purposes other than those for which it was collected or which are necessary for your legal relationship with Piczio. If you wish to limit the use or disclosure of your personal information, you must submit a request to the Privacy Officer in order to be placed on an opt-out list to be created by Piczio.
7. Use of Cookies and Other Tracking Technologies
Our website collects certain information from its users through cookies, which are installed and stored in our users' computers, or in their electronic devices and/or browsers, and are used to determine the preferences of users who connect to the functions and services of our website, as well as to track certain behaviors or activities carried out within the website. If you do not agree with the implementation of cookies, you can disable them through the options or tools provided directly for this purpose by your browser.
Cookies are created and/or updated on the user's device automatically when the user accesses the website of TUL and its related companies, which allows TUL or the third parties it hires to track the user's Cookies and, therefore, the information that these Cookies contain or obtain from the user. Cookies are only read by the website that created them.
What kind of Cookies does TUL use and what do you use them for?
By using the website and the operation of Cookies, you agree to the purposes set out below:
1. Essential Cookies - These are essential for the operation of the website. They facilitate the registration process, and allow users faster and safer access to selected and identifiable services within the website. Without these Cookies, Piczio may not be able to offer users certain services within the website.
2. Functional Cookies. - They allow Piczio to customize the services offered on the website, providing each user with information that is or may be of interest to them, according to their use of the services and the specific pages they visit on the website. Through these Cookies, Piczio will be able to offer users a better experience and improved browsing performance on the website.
3. Advertising Cookies. - Allows Piczio to deliver to the user advertising that it considers may be of interest to the user, according to the preferences and behaviors that the user has or had within the website.
Through these Cookies, it will be possible to optimize the advertising that the user sees on the website. Advertising Cookies may also be given to Piczio's advertisers, to be used by them for their marketing and advertising companies, respectively.
4. Analysis or Performance Cookies. Through analysis or performance, Piczio can perform various analyses and studies of the information collected, in order to improve the products and services that Piczio offers to users. Piczio and third parties with whom Piczio contracts services for the use of Cookies, are the only ones who can access the information stored in the Cookies that have been installed in the user's computer. The information stored in the Cookies cannot be read by other users, nor will they be able to access it.
Can I disable the installation and use of Cookies by Piczio?
The user can disable both the installation of Cookies and their use by Piczio.
What happens if Cookies are disabled?
If the user disables the installation or use of Cookies for the website, the user may lose or affect the functionalities of the site, such as:
1. Correct display of content and advertising.
2.Security in the use of information entered on the website.
Increased speed in the use of any service within the pages or portals that make up the website.
Does Piczio share the information obtained through Cookies with third parties?
Piczio may share the information obtained through Cookies with external or third parties (partners, customers, suppliers), in order to improve the functionalities and services made available to the user. Likewise, the information received through Cookies will be used by Piczio for all the purposes foreseen and described in this document.
Where is the information obtained through Cookies stored?
Piczio may hire third parties to store and obtain information through Cookies, or to include Cookies within the Piczio website, people who may be located within Colombia or abroad. Likewise, Piczio may deliver to third parties the information obtained from Cookies to create user profiles, offer personalized campaigns, without this implying the delivery of personal data.
The information obtained through these Cookies, referring to the user's computer or device, may be combined with your personal data only if you are registered on the website, if this option is enabled.
8. Consent
If you do not agree to this Privacy Notice, you should refrain from providing personal information and from accessing, using, browsing and/or using the features and services of our website. We will treat your access and use of our website (and your failure to expressly object to this Privacy Notice) as your tacit consent and acceptance of this Privacy Notice.
Likewise, Piczio is committed to ensure that the personal financial data collected is treated under the strictest security measures to guarantee its confidentiality. In compliance with the provisions of Article 9 of the Data Law, we will require your express consent for the processing of such financial and/or sensitive personal data, which you can provide through the following box, as well as by reading and entering your name and signature at the bottom of the document containing this Privacy Notice, or electronically by expressing your express consent by checking the box (check box) or opt-in that Piczio includes for this purpose on its website, prior to the processing of your financial personal data.
Piczio will not be responsible for the use and transmission of personal data that each user makes from the registration in the application from the channels or communications generated with third parties. Therefore, the user hereby releases Piczio from any liability that may exist or arise from the use, processing or transfer of data that the user makes deliberately and that could affect the rights or the legal sphere of third parties.
9. Modifications:
Piczio reserves the right to modify or update this Privacy Notice at any time, in the understanding that any modification to it will be announced through a generalized publication through our website or on the platform, in the "Privacy Notice" section. We will inform you about our new Privacy Notice in the cases in which: (i) we require sensitive personal, patrimonial or financial data not included in this Notice that require your consent; (ii) we modify the original and necessary purposes in our legal relationship with you, or we incorporate new purposes that require your consent, or (iii) we modify our policy of transfers to third parties or include additional transfers that require your consent.
10. Jurisdiction and Applicable Law.
Any disagreement, conflict or claim derived from this privacy notice and/or the rights, processes or acts derived from the same, will be dealt with and addressed before the competent administrative and judicial authorities in Mexico City. Likewise, if not expressly provided for in this privacy notice, the legal framework in force and enforceable in the United Mexican States shall be applicable.