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Privacy Policy

This document constitutes the Privacy Notice of The Blue Kale (hereinafter “TBK”). TBK, in compliance with the principle of information established in the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter the Law), informs you of the existence and main characteristics of the treatment to which your personal data will be subjected in accordance to which is indicated below. For the purposes of this Privacy Notice, the owner of the personal data will be understood as the person who owns the personal data delivered to TKB (the Owner). 

 
TBK respects your right to privacy and protection of personal data, sensitive personal data, including your financial or property data; therefore, your information is duly protected in accordance with the provisions of administrative, technical and physical security, established in the Law of the matter, to protect it from possible damage, loss, alteration or unauthorized access.


TBK, with address at: Calzada San Pedro 801 int. 25, Fuentes del Valle, San Pedro Garza García, Nuevo León, CP 66224, is responsible for the database where your information is contained. 

 

1. Personal data that we will use. 

 

TBK obtains the Holder's personal data directly and/or through physical, electronic or face-to-face means, as well as from authorized public sources, with the purpose of fulfilling the main and necessary purposes indicated in this Privacy Notice. The Personal Data that will be processed according to the type of owner are: 

 

a) Customers and/or Suppliers:Identification data, tax data, contact data, financial and asset data. In the case of clients and/or suppliers, sensitive personal data is not processed. 

 

b) Visitors to Internet portals:identification data and contact data. Sensitive personal data is not collected. 

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c) Candidates, Employees and/or Professional Services: Identification data, contact data, academic data, labor data, property and financial data, data on physical characteristics and biometric data, and, as Sensitive Personal data: ideological data, health data and data of ethnic or racial origin.

 
Note: In the event of a health contingency, if there is someone affected, in the absence of their prior written consent, TBK must protect their identification, unless there is a justified reason determined by the human resources area to do so.

 

Consent will not be necessary for the processing of Personal Data when: 

  • Provided by law; 

  • The data appears in publicly accessible sources; 

  • The Personal Data is subjected to a prior dissociation procedure; 

  • Has the purpose of fulfilling obligations derived from a legal relationship between the Holder of the Personal Data and TBK 

  • There is an emergency situation that could potentially harm an individual's property or person; 

 

In all cases, sensitive personal, property and financial data are intended for TBK to comply with the obligations arising from the legal relationship established with the Owner. TBK's commitment is that any data is treated under strict security measures, always guaranteeing its confidentiality. 

 

In case of providing any type of personal data related to another person as a reference, for the purposes of this privacy notice, you declare and accept that you have obtained the corresponding prior consent of said person for it. 

 

2. Data collected on site TBK 

 

As a visitor, you do not have to provide personal information to use the TBK website. This website only collects personal information that is specifically and voluntarily provided by visitors. Such information may consist of, but is not limited to, your name, email address, and telephone and/or cell phone numbers. 

 

TBK on its website, only collects personal contact information in the form shown in the previous link, which is provided voluntarily by visitors in case they want to contact us. 
 
TBK does not request sensitive information (for example, data related to race or ethnic origin, religious beliefs, criminal history, physical or mental health, or sexual orientation) from visitors. If necessary, we will obtain your express written consent to collect and use said information. 

 

3. Purposes of use of your personal data. 

 

The main and/or necessary purposes for which TBK can request, obtain, store and/or use Personal Data by type of Holder are: 

 
a) Customers and Suppliers: 

  • verify, verify your identity and contact you, 

  • prepare proposals and quotes for hiring and, sending information under the commercial relationship, 

  • Integrate your file as a client or prospective client and register it in our systems. 

  • carry out the necessary steps for the legal relationship, 

  • contract services necessary to deliver the economic and in-kind considerations established in the contracts, 

  • for statistical purposes, reporting and database updating,  

  • evaluation of the quality and satisfaction of products and services. 

  • Comply with applicable regulations. 

  • Invite you to events of any kind, academic, professional and/or cultural 

 

b) Candidates, Employees and/or Professional Services: 

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  • verify and verify your identity, 

  • evaluation and internal control of knowledge and skills for job recruitment, 

  • human resources administration, talent management and updating database and files, 

  • contract services for the delivery of economic and in-kind considerations established in the contracts, 

  • carry out the necessary steps for the legal relationship, 

  • communicate to your contacts when so warranted 

  • carry out the procedures before the corresponding authorities, 

  • keep track of occupational health programs, 

  • preparation of documents, contracts, agreements, invoices, receipts, acknowledgments and in general any document related to the employment relationship, 

  • transfer of data to health authorities: clearly documented. In the event of a health contingency, TBK may process health data to take the precautions determined to protect and continue work activities. 

 

c) Contractors: 

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  • monitoring and control of your visit, as well as to allow access to the facilities. 

 

d) Visitors to Internet portals: 

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  • respond to any request for information or service through the contact options available on our electronic pages on the internet. 

  • Additionally, for any holder, TBK, as a secondary purpose, may request, obtain, store and/or use Personal Data for: 

  • communication, promotion and dissemination through physical and electronic means, of our products and/or services. 

 

In case you do not want your personal data to be processed for these additional purposes, from this moment you can notify TBK on its site: www.thebluekale.com/contacto. 

 

In no case will a use other than those indicated here be given to any Personal Data collected, unless there is a change in this Privacy Notice. 

 

4. Shelf life 

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The term of conservation of your data, based on our policies, and as long as there is no change to the term, will be 5 years. 

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5. Transfer of Personal Data

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TBK, as part of the processing of personal data, does not transfer Sensitive, Patrimonial or Financial Personal Data. If required, it will not be carried out without the prior express written consent of the Holder, except for those specified in the purposes of use. 

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Personal Data may be legally transferred for the purposes established in this Privacy Notice to: 

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a) The subsidiaries, affiliates, controllers, and/or controlled companies of TBK within the national territory or abroad,

b) When the transfer is necessary to provide the products and services or to comply with the contracted labor or commercial relations. 

c) To third parties in matters of customer service and studies related to the provision of TBK products and services and, 

d) Third parties that participate with TBK to be able to offer their products and services in terms of what is established by the applicable regulation regarding Personal Data. 

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The Owner accepts that, by providing their Personal Data, they will be subject to the transfers mentioned in this Privacy Notice. 

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We inform you that for the transfers indicated, if you do not expressly express your refusal to TBK, we will understand that you have given us your consent. 

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6. How to exercise your ARCO rights (access, rectification, cancellation and opposition). 

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In order to process any request for access, rectification, cancellation, opposition, as well as to limit the use / disclosure or to request the revocation of consent of your personal data, you must send a letter electronically to the mail:erika.lozano@thebluekale.com, where you will make a description of your requirement, or if applicable, send a written request to the address: Calzada San Pedro 801 int. 25, Fuentes del Valle, San Pedro Garza García, Nuevo León, CP 66224, from Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 3:30 p.m. to 6:00 p.m., on business days.

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Any request to exercise ARCO rights, whether in physical or electronic form, must be accompanied by the following: 

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a) The name of the Holder, address and/or any other means to communicate the response to your request; 

b) The documents that prove the identity or, where appropriate, the legal representation of the Holder; 

c) The clear and precise description of the Personal Data with respect to which one seeks to exercise any of the aforementioned rights; 

d) Any other element or document that facilitates the location of the Holder's Data, as well as its RFC and/or CURP key to avoid any homonymy. 

e) Specify clearly if the request is for access, rectification, cancellation, opposition; limit use / disclosure or revocation of consent. 

f) The reason for the request y 

g) The modifications to be made, in case the request is for the rectification of Personal Data and provide the documentation that supports your request. 

 

In the event that the information provided in the ARCO request is insufficient or erroneous to attend to it, or the necessary documents are not attached to process it, TBK will request the owner of the data or his representative, within 5 business days following receipt of the ARCO application, for a single time, that provides the necessary elements or documents to process it. The owner of the data or his representative will have 10 business days from the day after receipt of the request, to respond. 

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TBK will respond to the ARCO request with the determination reached, within a period of 20 business days from receipt of the request, or if additional information or documents have been requested, within a period of 20 business days from the receipt of the request. the day following the submission of the response to the request. 

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If the ARCO request is appropriate, TBK will make the determination made effective within a period of 15 business days from the date the response is communicated to the owner of the data or his representative. In the case of ARCO requests on the right of access to personal data, the delivery of these will be made after proof of the identity of the owner of the data or his representative. 

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TBK may extend the deadlines to respond to an ARCO request, and/or to make the determination reached effective, once only, for periods equal to those indicated in each case, provided that it considers that the circumstances of the case justify it. In such cases, TBK will notify the owner of the data or his representative, the circumstance(s) that justify the extension, within each of the original deadlines to respond or make effective the determination reached.

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The answers to the ARCO Requests will be delivered to the owner of the data or their legal representative in simple copies or in an electronic file depending on the type and quantity of documents in each case. 

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For the revocation of consent, it will suffice for the holder to present his request at the address of TBK. TBK will make said request effective, as long as it is not personal data necessary for the existence, maintenance and fulfillment of its legal relationship with the data owner. 

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TBK may deny access, rectification, cancellation or opposition to the treatment of these, in the following cases: 

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  • When the applicant is not the owner of the personal data, or the legal representative is not duly accredited for it; 

  • When the personal data of the applicant is not found in its database; 

  • When the rights of a third party are injured; 

  • When there is a legal impediment, or the resolution of a competent authority that restricts access to personal data or that does not allow their rectification, cancellation or opposition; 

  • When the rectification, cancellation or opposition has been previously made. 

 

7. How to revoke your consent for the use of your personal data. 

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You can revoke the consent that, if applicable, you have given us for the processing of your personal data. However, it is important that you bear in mind that not in all cases we will be able to attend to your request or terminate the use immediately, since it is possible that due to some legal obligation we may require to continue processing your personal data. Likewise, you must consider that for certain purposes, the revocation of your consent will imply that we cannot continue providing the service you requested, or the conclusion of your relationship with us. 

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In order for the Holder to express his refusal in this regard, he must contact TBK through the procedure established for the exercise of the ARCO Rights indicated in the previous numeral. 

 

8. How to limit the use or disclosure of your personal information. 

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To comply with the purposes of this Privacy Notice, TBK undertakes to have sufficient and necessary legal and security measures to ensure that your Personal Data remains confidential and secure. 

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In order for the Holder to make a request to limit the use or disclosure, he must contact TBK through the procedure established for the exercise of ARCO Rights indicated in Section 4 of this Privacy Notice.

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9. The use of tracking technologies on the TBK site. 

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This site collects standard log information, including your IP address, browser type, language, access times, and website addresses. 

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We inform you that on our website we use cookies, web beacons and other technologies through which it is possible to monitor your behavior as an Internet user, as well as to provide you with a better service and user experience when browsing our page.

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The visitor can configure his browser to accept or reject all cookies or web beacons by default or to receive an on-screen notice of the reception of each cookie or web beacon and decide at that time whether or not to install it on his hard drive. The cookies or web beacons used on TBK websites do not provide references that allow the visitor's name and surname to be deduced and cannot read data from their hard drive or include viruses in their texts. 

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In the event that the Owner provides their Data through this means, the Owner understands, accepts and acknowledges that: 

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a) The TBK website may include links to third party websites, which, if accessed, will cause you to leave the TBK website, for which TBK assumes no liability in connection with those third party websites.

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b) The TBK website may include links to sites that manage social networks, in which case the Owner accepts that, by providing any type of information or Data on said sites, it will cause it to be read, viewed, accessed, retransmitted and treated by anyone, and therefore releases TBK from any liability. 

 

10. Blogs, forums, wikis and other social networks 

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TKB on its site may host various blogs, forums, wikis, and other applications or services that allow content to be shared with other users (collectively “social media application”). 

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Any personal information or other information that you share through a social media application can be read, collected, and used by other users of that application, over whom we have little or no control. 

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Therefore, we are not responsible for the use that may be made by any other user, as well as the misuse or misappropriation of any personal information or other information, that you contribute to any application for social networks.

 

11. Protection of the privacy of minors 

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TBK recognizes the importance of protecting the privacy of minors. The TBK website is not designed for, nor is it intentionally directed at, anyone under 18 years of age. Therefore, to the extent possible, TBK will avoid collecting or maintaining information from anyone under the age of 18. 

 

12. Changes to the privacy notice. 

 

This Privacy Notice may undergo modifications, changes or updates derived from new legal requirements; of our own needs for the products or services we offer; of our privacy practices; Changes in our business model, or other causes. It is our commitment to keep you informed about the changes that this Comprehensive Privacy Notice may undergo, through our website at:www.thebluekale.com/notice-of-privacy. 

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