Pursuant to the provisions set forth in the Federal Law on Protection of Personal Information in Possession of Private Individuals (Ley Federal de Protección de Datos Personales en Posesión de Particulares), we hereby provide this Privacy Notice, in order to guarantee the privacy and the right of informative self-determination of persons. This Privacy Notice is applicable with respect to any information pertaining an identified or identifiable individual, whether with personal information or sensitive personal information. The treatment of personal information shall comply with the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility set forth in the Law.
The personal information that may be collected by the entity “WELLNESS CITY NETWORK SOCIEDAD ANONIMA DE CAPITAL VARIABLE.” (“WELLNESS CITY”), are not collected by deceiving or fraudulent means. Wellness City understands and respects the existence of a reasonable expectation of privacy with respect to personal information provided by the holders of rights to protection of personal information (the “Holder” or “Holders”). The Responsible Person shall ensure that the collected personal information is pertinent, correct and updated for the purposes of collection. The treatment of personal information shall be limited to the compliance with the purposes set forth in this Privacy Notice.
It shall be understood that the Holder tacitly consents the treatment of information, having this Privacy Notice available physically or electronically, upon lack of manifestation of opposition. The consent of a Holder may be revoked at any time without retroactive effects. To revoke consent, the Holder shall follow the procedures set forth by the Responsible Person in this Privacy Notice.
In compliance with the provisions set forth in articles 15 and 16 of the Law, we hereby inform you the following:
1. Identity and Domicile of the Responsible Person.
This Privacy Notice is applicable to the entity “WELLNESS CITY NETWORK SOCIEDAD ANONIMA DE CAPITAL VARIABLE.”, with such entity being the “Responsible Person” pursuant to the provisions set forth in the Law. The conventional domicile of Wellness City is located at AVENIDA RICARDO MARGAIN 315 P6LOFT, SANTA ENGRACIA, SAN PEDRO GARZA GARCIA, NUEVO LEON, C.P. 66267.
2. Purposes of the treatment of Personal Information.
The Treatment that the Responsible Person may give to the personal information it may collect from a Holder, shall include obtaining, using, disclosing or storing personal information, by any means. The use includes any action for access, handling, enjoyment, transfer or disposal of personal information. The personal information collected by Wellness City, is for the provision of services to its clients, to inform about its services pursuant to the Terms and Conditions of Wellness City (available on Wellness City ´s website) or other characteristics as a company before the market, to carry out market research with the purpose of developing and improving Wellness City ´s products and services, or to approach any other potential relation with third parties.
The different types of information that Wellness City may collect from a Holder include identification information, contact, financial, estate, and others related in general to the health of the Holder pursuant to the provisions set forth in the Law. The foregoing, may include information about bank accounts or the like, financial information, health information, both own or of third parties linked to a Holder to the extent necessary for the provision of services by Wellness City.
In the event that the consent by a Holder is required, pursuant to the provisions set forth in the Law, the same shall be granted electronically through Wellness City´s website, consenting to the content of this Privacy Notice.
To comply with the purposes described in this Privacy Notice, Wellness City may share with third parties, whether domestic or foreign, some or all of the personal information collected, with the limitations set forth in the applicable legislation. Such third parties may be affiliate or subsidiary entities, or institutions, organizations or entities that form part of the Mexican Financial System (Sistema Financiero Mexicano), as well as their equivalent abroad, with the purpose of complying with the provisions set forth in this Privacy Notice.
The treatment that Wellness City may give to the personal information of a Holder, shall include the following:
i. Comply with the Law and derived regulations;
ii. Comply with the provisions set forth in relation to the services between the Holder and Wellness City;
iii. Procure transactions of the Holder by the use of Wellness City´s website;
iv. Procure filings or other administrative or private acts that may be necessary to comply with the services agreed with a Holder;
v. Develop the offering of products and services of Wellness City;
vi. For statistical, market, advertising and commercial purposes;
vii. For the transfer of the information provided by the Holder to Wellness City, as well as third parties not belonging to the same commercial group to which Wellness City belongs, in compliance with the foregoing paragraphs; and
viii. To procure the access, control and security of Wellness City as a company, and its clients and collaborators.
In any event, the Holder may revoke such consent and request its recording in the Public Registry to Avoid Advertising (Registro Público Para Evitar Publicidad), set forth in the Federal Law on Consumer Protection (Ley Federal de Protección al Consumidor).
3. Options and remedies offered by the Responsible Person to limit the use or disclosure of Personal Information.
The Responsible Person shall maintain administrative, technical and physical security measures that allow the protection of personal information against damage, loss, alteration, destruction or the unauthorized use, access or treatment. The security affectations that may occur in any phase of the treatment, shall be informed as soon as possible, in order for the affected party to take the corresponding measures for the defense of its rights.
The Responsible Person or the third parties that may intervene in any phase of the treatment of personal information shall keep confidentiality thereof. Additionally, the treatment of personal information shall be non-discriminatory and objective, seeking the benefit of Wellness City´s clients and collaborators.
The Holders shall have the right to access their personal information that may have been collected by Wellness City, as well as to know the Privacy Notice to which their treatment is subject.
4. Means for exercise of rights of access, rectification, cancellation or opposition (“ARCO Rights”).
Any Holder, or in such case their legal representative, may exercise the ARCO Rights, pursuant to the provisions set forth in the Law. The exercise of any of them is not a prior requirement and shall not impede the exercise of another.
When the personal information were transmitted prior to the date of rectification or cancellation and that are still being treated by third parties, the Responsible Person shall inform of such request for rectification or cancellation, in order to proceed to do so.
Any request for access, rectification, cancellation or opposition by a Holder, shall contain and provide the following:
i. The name of the Holder and domicile or another means for communicating the answer to the request;
ii. The documents that accredit the identity or, in such case, the legal representation of the Holder;
iii. The clear and precise description of the personal information with respect to which the exercise of any of the aforementioned rights is sought;
iv. Any other element or document that may aid the location of the personal information; and
v. In the event of requesting a rectification of personal information, indicate the modifications to be made and provide the documentation that may serve as basis therefor.
Wellness City has a department in charge of attending the protection of personal information. Such department is responsible for responding the requests for access, rectification, cancellation or opposition by the Holders. Once a request is received, the responsible department shall provide an answer within a maximum term of 20 business days. In the event that the purpose of the Holder contained in the request were finally deemed as valid, the requested changes shall be implemented within a maximum term of 15 business days. Wellness City may notify the respective Holder about any extension to the referred terms, for only one occasion and for periods of same duration, when found justified for the case pursuant to its circumstances.
The Holder may contact Wellness City´s department of personal information through the following email account: firstname.lastname@example.org . By such means, the Holders may submit requests for the exercise of ARCO Rights.
Notwithstanding the foregoing, the Responsible Person may deny access to the pertinent personal information, or reject to carry out the rectification or cancellation or to grant the opposition to the treatment thereof, in the following cases:
i. When the requesting party is not the Holder of the personal information, or the legal representative is nod duly accredited for such purposes;
ii. When the personal information of the requesting party is not found in its database;
iii. When third party rights may be affected;
iv. When there is a legal impediment, or the resolution by a competent authority that may restrict the access to personal information, or does not allow the rectification, cancellation or opposition thereof; and
v. When the rectification, cancellation or opposition has been previously carried out.
In any event, the Responsible Person shall inform the reasoning for his decision and shall so communicate, within the terms set forth for such purposes and through the same means as the submitted request.
The exercise of the foregoing rights by the Holder shall be gratuitous, same as the delivery of personal information by Wellness City. However, the Holder shall cover any justified expenses for mail or courier services, or the cost of reproduction of copies or other formats.
5. Transfer of Personal Information.
If the Responsible Person transfers personal information to third parties, whether domestic or foreign, he shall communicate about the existence and scope of this Privacy Notice and its contents. In any event the pertinent third party receiving personal information shall assume the same obligations that may correspond to the Responsible Person under this Privacy Notice. The domestic or international transfers of personal information may be carried out without the consent of the Holder under article 37 of the Law.
6. Procedure and means for the Responsible Person to communicate with the Holders about changes to this Privacy Notice.
Wellness City hereby reserves the right to discretionally make changes to this Privacy Notice. In such case, they shall be available on our website: https://wellnesscity.mx/, or by means of communications in our central or branch offices.