NOTICE OF PRIVACY
These general terms and conditions of use (the "Terms and Conditions") regulate the access and/or use of the website https://www.vinkos.com/ (hereinafter, the "Website") owned by VinkOS Tecnologías, S.A. de C.V., (hereinafter "VinkOS") a company legally incorporated under the laws of the United Mexican States, domiciled at calle Homero, number 203, piso 2, colonia Chapultepec Morales, Demarcación Territorial Miguel Hidalgo, C.P. 11570, Mexico City.
The use of the Web Site implies that the user grants his express, free, informed, specific and unequivocal consent with respect to all the policies set forth in these Terms and Conditions.
The products and services offered on the Website will only be available to persons who have legal capacity to contract. The products and services may not be used by persons who do not have such capacity, minors or users of the Website who have been temporarily suspended or permanently banned. Likewise, those persons who do not accept the Terms and Conditions may not access or use the Products and/or Services.
1. PRODUCTS AND SERVICES
The services offered through the Website are intended to offer the development of engineering and data science solutions on Big Data platforms, high volume, high processing and detailed analysis solutions, as well as consulting services, technical support and training (the "Content").
2. BINDING
These Terms and Conditions are mandatory and binding on all Users of the Website, therefore any person who accesses and/or uses the Website, expressly accepts in each and every one of its parts the Terms and Conditions set forth herein, attributing to whoever does so the quality of User.
By accepting these Terms and Conditions, the User declares: (i) That he/she has read and understands the legal scope of what is established in these Terms and Conditions; (ii) That he/she is a person with full capacity and age of majority to contract according to the legislation of the United Mexican States; (iii) That he/she has not been previously suspended and/or disqualified temporarily or definitively to use the Services; and (iv) That it is his/her will to be bound according to what is established in this document.
3. MODIFICATIONS
VinkOS reserves the right to modify at its sole discretion the Terms and Conditions and/or to suspend and/or change and/or terminate the products and services, which will be notified in a timely manner, through the Website.
VinkOS reserves the right to make, at any time and without prior notice, any modification or update of its contents and products and services in general, as well as any elements of the design and configuration of the Website and the corresponding conditions of access and use.
4. ACCESS TO THE WEBSITE
Access to the Website is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted (ISP) by the User, which will be at the sole expense of the User without any responsibility for VinkOS.
5. CONTACT
The User who wants accurate information regarding the products and services in which he/she is interested, may provide his/her data by completing the corresponding form which is available on the Website or through the telephone number provided on the Website.
The Form requires you to provide VinkOS with the following personal information: full name; company and position in which you work; landline and cell phone number; and email address (hereinafter the "Personal Data").
The treatment that VinkOS will give to the Personal Data provided through the referred form may be consulted in the Privacy Notice available at https://www.vinkos.com/.
Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Data made available to VinkOS.
6. GENERAL RULES OF USE OF THE WEB PAGE
The User undertakes to make appropriate use of the contents of the Website and not to use them for illicit or criminal activities that violate the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other regulations of the legal system that may be applicable.
By way of example only, and in no case limited to, the User undertakes to:
- Not to make unauthorized or fraudulent use of the Website;
- Access or attempt to access restricted resources of the Website;
- Use the Website for illicit or illegal purposes or effects, contrary to the provisions of these Terms and Conditions;
- Cause or launch any program or script for the purpose of extracting, indexing, analyzing or otherwise data mining any part of the Website content or unduly overload or block the operation and/or functionality of any aspect of the Website content;
- Attempt to gain unauthorized access to or damage any aspect of the Website content or its related systems or networks;
- Attempt to access, use and/or manipulate VinkOS data;
- Not to introduce or disseminate content or propaganda of a racist, xenophobic or, in general, discriminatory, pornographic nature, in support of terrorism or that infringe, violate or could infringe or violate human rights;
- Not to introduce or disseminate on the network data programs (viruses and / or harmful software) likely to cause damage to computer systems VinkOS, its suppliers, third parties or, in general, any 'user of the Internet;
- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties;
- Not to transmit unsolicited or unauthorized advertising, advertising material, "junk mail or spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for this purpose by means of an express communication from VinkOS, duly and timely communicated on the Website;
- Not to disseminate, transmit or make available to third parties any information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to VinkOS or third parties;
- Not to disseminate, transmit or make available to third parties any information, element or content that involves a violation of the secrecy of communications and personal data legislation and, in general, all legal rules governing the protection and promotion of respect for the privacy and intimacy of individuals and their families;
The User agrees to indemnify VinkOS against any possible claim, fine, penalty, sanction or compensation of any nature, arising from the breach by the User of any of the above rules of use, also reserving the right to seek compensation for damages and damages that may apply.
7. LIMITATION OF LIABILITY
VinkOS does not guarantee continuous and uninterrupted access to and use of the Website. The products and services provided through the Website may eventually be unavailable due to technical difficulties or Internet failures, or any other circumstance beyond VinkOS' control; in such cases, VinkOS will try to restore them as quickly as possible without being held liable for any of them. VinkOS will not be responsible for any error or omission contained in the Website.
It is up to the User, in any case, the availability of adequate tools to detect and disinfect harmful computer programs.
VinkOS is not responsible for damages of any kind caused to computer equipment or smartphones owned by the User due to failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the services of the Website during the provision of these.
VinkOS is not responsible for the accuracy of the Personal Data provided by Users.
8. OWNERSHIP OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The User acknowledges and agrees that all intellectual and industrial property rights on the content generated and/or any other elements inserted in the Website (including, without limitation, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video), belong toVinkOS. The content generated and/or published on the Website and all rights relating thereto are and shall remain the property of VinkOS, which is why under no circumstances should it be understood that any rights have been transferred or granted to the User: (i) on or in relation to the products or services, (ii) to use or mention in any way the company names, logos, product names and services. (iii) to remove any copyright, trademark or other proprietary notice from the Generated Content; (iv) to reproduce, modify, prepare derivative works of, distribute, distribute, license, lease, rent, resell, transfer, publicly display, publicly perform, transmit, retransmit or otherwise exploit the Generated Content, except as expressly permitted by VinkOS; (v) to decompile, reverse engineer or disassemble the Services, except as permitted by applicable law.
9. COMPENSATION
The User shall compensate and hold harmless VinkOS, its affiliates, controlled and/or controlling companies, shareholders, directors, representatives and employees, for any claim or demand from other Users or third parties for their activities on the Website, for breach of the Terms and Conditions, of the other policies understood to be incorporated herein, including reasonable attorneys' fees.
10. PRIVACY OF INFORMATION
Personal information is processed and stored in servers or magnetic media that maintain high standards of security and protection, both physical and technological. For more information about the privacy of Personal Data and cases in which personal information will be disclosed, please refer to the Privacy Notice available at https://www.vinkos.com/.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and Conditions shall be governed and interpreted by the federal legislation in force in the United Mexican States, particularly with respect to data messages, electronic contracting and electronic commerce. The parties agree to submit to the exclusive jurisdiction of the courts and tribunals of Mexico City for the interpretation, scope, compliance or controversy derived from this document or the relationship between them, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile or any other cause for which they may acquire it.
VinkOS Tecnologías S.A. de C.V. (hereinafter "VinkOS") its address at calle Homero, number 203, second floor, colonia Chapultepec Morales, Demarcación Territorial Miguel Hidalgo, C.P. 11570, Mexico City, in compliance with the Federal Law for the Protection of Personal Data in Possession of Individuals, its regulations, guidelines and other related and applicable provisions (hereinafter jointly "The Law"), informs you of its privacy policy, as well as the treatment that will be given to personal data collected directly through its website https://www. vinkos.com/ (hereinafter the "Portal") guaranteeing you that the processing of personal data provided through the Portal will be carried out in a legitimate, controlled and informed manner, preserving your right to privacy and informational self-determination, through the use and implementation of technical, physical and administrative security measures, aimed at preventing any damage, loss, alteration, destruction, use, access or unauthorized processing.
Personal data collected
The type of information that will be collected from the user through the Portal (hereinafter the "Holder"), will be the following personal data: name of the holder of the information; position and company for which he/she works; landline and cell phone number, and e-mail (hereinafter the "Information").
Sensitive Personal Data VinkOS will not request or collect sensitive personal data, being understood as such, those personal data that affect the most intimate sphere of the Data Subject or whose improper use may give rise to discrimination or entail a serious risk to the Data Subject. In particular, sensitive data are considered those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union membership, political opinions, sexual preference.
Purposes The personal data provided by the Holder to VinkOS, will have the following purposes:
- Analysis and elaboration of internal statistics;
- Offer products and services, either physically, telephonically, electronically or by any other technology or means available to VinkOS;
- To inform you of new products or services that may be of interest in relation to the contracted service;
- Make any type of collection efforts on outstanding balances arising from the business relationship;
The Holder may, in accordance with the mechanisms established herein, deny, revoke their consent, as well as oppose the processing of their personal data for purposes other than those strictly necessary for the fulfillment of the established purposes.
Data Transfer VinkOS will not transfer your personal data, in the event that, at the time of requesting a service that involves the transmission of personal data, the Data Subject will be informed if he/she consents to the transfer of his/her personal data for the purpose of providing the requested service.
Notwithstanding the foregoing, VinkOS may at any time disclose and transmit information when required to do so by law and/or by a competent authority, or when it considers in good faith that such disclosure is necessary to: i) Comply with legal processes; ii) Respond to claims involving any content that undermines the rights of third parties; iii) Protect the rights, property or safety of VinkOS, its users and the general public, and; iv) When the transfer is provided for in a law or treaty to which Mexico is a party.
VinkOS may provide the Information to any authority that requires the same, to interpose any means of defense in its favor, to establish protection measures against illicit activities or situations that imply risk to the security of any person, and any other activity that the law or any authority requires.
A.R.C.O Rights
The Holder of the personal data provided to VinkOS, is responsible in any case, for the truthfulness, accuracy, validity and authenticity of the information provided, and undertakes to keep it properly updated.
The Data Subject may: i) know the personal data held by VinkOS and the details of its processing; ii) rectify their personal data if they are inaccurate; iii) cancel the processing of personal data when they consider that they are excessive or unnecessary for the purposes that justified their collection; and iv) oppose the processing of their personal data for specific purposes.
The Data Subject must consider that for certain purposes, the revocation of consent to the processing of the Information, will imply that VinkOS can no longer provide the product and/or service requested by the Data Subject.
At any time the Holder may revoke the consent given for the processing of personal data, in order to stop using them, in case you need to limit the use and / or disclosure of personal data or exercise any of their rights of access, rectification, cancellation or opposition (Rights A. R.C.O.), you should send your request: (i) to the e-mail address [ mariam@vinkos.com], and confirm receipt of such document by calling [5526241785], Monday through Friday from [10:00 a.m. to 6:00 p.m.] hours, on business days, as appropriate.
For the above, you must inform VinkOS, clearly and precisely, the personal data that the Holder wishes to be rectified, canceled or revised, as well as the purpose for which it was provided and in general meet the requirements mentioned in Article 29 of the Federal Law for the Protection of Personal Data Held by Private Parties:
- Full name of the Data Subject, address, telephone and email account, in order to communicate the response to your request.
- Documents proving the identity or, if applicable, the legal representation of the Holder of the personal data.
- A clear, succinct and precise description of what is requested.
- Any other element or document that facilitates, where appropriate, to comply with your request and / or to issue a response to it.
VinkOS will have a period of no more than 20 business days after receipt of the request to respond to it, and 15 more business days to enforce the exercise of the right requested, if appropriate.
The aforementioned terms may be extended for an equal period, as long as justified by the circumstances of the case.
Modifications You will be notified of any changes to this notice through the following means:
- Página web: https://www.vinkos.com
Likewise, any change of address, telephone number, fax and/or web page, will be published on the web page indicated above for ten calendar days prior to the effective date of the change, and it is your responsibility to consult this notice and its modifications.
Consent By providing personal data through the Portal, the owner of the information confirms and accepts that he/she has read and gives his/her consent to comply with the provisions of this Privacy Notice. Likewise, in the event of providing sensitive personal data and/or data of a patrimonial and/or financial nature, his/her consent shall be obtained expressly and in writing, leaving his/her autograph signature, electronic signature, or any other authentication mechanism established for such purpose, as a record.
