Identity and Address of the Responsible

In compliance with what’s established in Article 17, fraction II of the Federal Law on Protection of Personal Data Held By Private Parties we inform you that Intensity Air, S.A. de C. V., (hereinafter “the Responsible”), with address in Batallón de San Patricio #109 piso 11, Colonia Del Valle Oriente, Postal Code 66260, in the city of San Pedro Garza García, Nuevo León, México, with contact phone (01 81) 19 69 22 02, toll-free long distance number 01 800 522 1800 and website www.intensity.com.mx, will treat the personal data we collect form you with the purpose of providing you the various products and services that the Responsible offers, such as the supply of air conditioning units, buying and selling, production of air conditioning devices, tubing, valves and connections, insulation, refrigerant gas, distribution, installation, repair, consulting, design, production, selling of spare parts and replacements of air conditioning equipment, cold rooms and industrial refrigeration, heating equipment, ventilation, air washer, production and selling of ducts and all kinds of laminated products for the installation of air conditioners or cold rooms or of refrigeration on their own or from a third-party, as well as the delivery of such products or services in your address, being able to manage, administer and register in the system our relation with you in order to carry out the invoicing and delivery to your address according to your indication. “The
Responsible” to comply with the obligations that the Law imposes on it, needs to hire employees and have relations with suppliers and clients of whom they require to gather data, which will be treated strictly to reach the purposes that will be described below.

Use of Personal Information

Personal information that the Responsible gathers from the Holder, can be done by any optical, sonorous or visual mean, or through any other technology, either: directly, when you provide them at the offices of the Responsible; when the Responsible requests by any means either by phone, or by electronic messages of any kind; or through other sources permitted by the Federal Law on Protection of Personal Data Held by Private Parties, depending on the type of holder in question. The information we request will depend on the holder and will be the following:

Employees, Candidates, Retired and Ex-employees: name, home and/or office address, e-mail, phone numbers, birthdate, nationality, marital status, occupation, federal register of contributors (R.F.C.) number, photography, official identification copy either IFE or PASSPORT, passport number, military service card number, class and number of driver’s license, migratory form in the case of foreigners, original or certified copy of birth certificate, personal interests, marriage certificate, academic formation, work experience, economic dependents, personal references, affiliation to any union, participation on judicial processes or problems, union affiliation, participation in any social or sport club; *financial or patrimonial information: account numbers, transfer amounts, card number, bank accounts, bank loans, CLABE and; *sensible information: such as health state, medical studies, height, weight, size, diseases or conditions, medical treatments, injuries or accidents and number of life insurance policy, major and minor medical expenses and religion.

Suppliers: name, home and/or office address, e-mail, phone numbers, birthdate, nationality, marital status, occupation, federal register of contributors (R.F.C.) number, photography, official identification copy either IFE or PASSPORT, passport number, military service card number, class and number of driving’s license; *financial or patrimonial information: account numbers, transfer amounts, card number and bank accounts.

Clients: name, address and/or office address, postal code, e-mail, phone numbers, federal register of contributors (R.F.C.), official identification copy either IFE or PASSPORT, passport number, military service card number, class and number of driving’s license; *financial or patrimonial information: account numbers, transfer amounts, card number, bank accounts, CLABE. The holder should accept the terms, conditions and Privacy Policy.

Purpose of the use of personal information

The purpose of the requested information will depend on the type of holder and will be treated to achieve the following purposes:

Employees, Candidates, Retired and Ex-employees:

• Identification of the person.
• Evaluating capacities and competences with the purpose of identifying the viability of it´s hiring as an employee.
• Conduct socioeconomic tests. Conduct psychometric exams.
• Database and directory integration.
• To incorporate personal information in the employment contract and the documents that are deemed necessary for its hiring, including database and physical and electronic files. 
• Comply with the obligations derived from the work relationship.
• Transmit personal information to Companies which aim at the processing and administration of personnel and payroll management.
• Transmit the information to fund managers for retirement and insurance companies.
• Transmit information derived from the work relationship to different organisms such as the Mexican Social Security Institute (IMSS), Secretariat of Finance and Public Credit (SHCP), Institute of the National Fund for Workers’ Housing (INFONAVIT), Secretary of Finance and General Treasury of the State of Nuevo León, Tax Administration Service (SAT), or any other government agency.
• Request and provide employees and ex-employees with job references to candidate’s third parties.
• In cases of talent attraction, transmit the information to other companies’ human resources departments.
• To pursue judicial or extrajudicial actions in order to enforce the obligations derived from the contracts held.

 Employees, Candidates, Retired and Ex employees:

Suppliers:

• Identification of the person.
• For statistical and internal analysis purposes.
• To disclose the needs of goods and products.
• To send bulletins and relevant news related to the goods and products that the company needs.
• To ease the registering process and the payment of services or supplied products.
• Supplier database integration.
• For collection management.
• Generate fiscal invoices.
• Emit electronic invoices
• Update the supplier registration system and database
• Present declarations before the Secretariat of Finance and Public Credit (SHCP), and Tax Administration Service (SAT) as well as any other authority required.
• Analyze financial and patrimonial information, as well as of any other nature with the purpose of identifying the financial and commercial capacity to provide the services and/or products.
• Contract celebration or modification when applicable, with the purpose of formalize the good or service that’s received.
• Grant or transmit to a third-party the obligations borne by the holder derived from these contracts.
• Maintaining necessary communication to achieve the purpose of juridical relations, derived from the supply of goods and/or services.
• ·         To pursue judicial or extrajudicial actions in order to enforce the obligations derived from the contracts held.

Clients:

• Provide sales services for the supply of Air Conditioning units, counting with the support of the best brands on a worldwide scale; information that also includes the data required for the invoicing for our services.
• To send quotations that you require of the products or services that Intensity Air, S.A. de C.V. manages.
• To ease the use of our website www.intensity.com.mx and make your purchases simpler, either by internet or however the client prefers.
• Confirm and correct the information that we have, with the purpose of guaranteeing the best quality in our service.
• To provide attention services to our clients, clarification of doubts or complaints that may exist over our products and/or services.
• Evaluate service quality, as well as any other mean strictly related to their marketing.
• With statistical and internal analysis purposes.
• To disclose promotions of the sales of products and services provided.
• Send bulletins and relevant news in relation to the services.
• Conduct internal studies about consumption habits and any other promotional or matter related with the services provided.
• Perform the economical charges of the acquired products and services to bank cards.
• Analyze financial and patrimonial data, as well as of any nature with the purpose of identifying financial capacity, in respect of the financing that’s to be granted.
• Contract celebration for the placement of products and services.
• Maintaining necessary communication to achieve the purpose of juridical relations, derived from the supply of goods and/or services.
• ·         To pursue judicial or extrajudicial actions in order to enforce the obligations derived from the contracts held.

Options and means to limit the use or divulgation of personal information

With the purpose of limiting the use or divulgation of personal information, the Responsible protects data personal information implementing security, administrative, technical and physical measures.

Personal Information is administered and protected in a server that contains our databases that are administered by computing systems, which can be accessed exclusively by personnel that works in this company, using passwords that allow the use, consult, management or access to this information.

In the cases of Personal Information that’s found in mobile and portable devices located inside or outside our facilities, it’s protected by means of passwords, that permit the use, consult, management or access to this information, forcing them to destroy every and any copy or reproduction of documents that contain personal information that isn’t strictly essential for the appropriate performance of the Responsible’s personnel.

In relation to the documents that contain Personal Information they are also physically protected in a file area that’s restricted to company personnel only, having a strict control of its use.

For better safety, authorized personnel with access to personal information has been trained on control and management of such information, as well as the obligations in matters of personal information protection, also celebrating strict confidentiality agreements with the “Responsible”.

The “Responsible” has implemented politics and internal processes applicable to all of its personnel, from the acquiring of information by the means established by the Law, the treatment in accordance with the end and security measures described in here, limiting the use of reproduction means and generating the obligation to destroy all of those copies or reproductions of documents that contain personal information that isn’t strictly essential for the appropriate performance of the functions of the responsible’s personnel, as well as the prohibition of extracting from the responsible’s offices any type of information that contain personal information. We equally demand that these control and security measures be fulfilled by the service suppliers that we hire, even in the case of services that subsidiary or affiliated companies provide.

Means to exercise Access, Rectification, Cancellation and Opposition Rights (ARCO).

The holders of personal information enjoy the rights of access, rectification, cancellation and opposition previewed in Chapter II of the Federal Law on Protection of Personal Data Held by Private Parties.

You have the right to know what personal information we have on you, what we use it for and the terms of use that we give them (Access). Likewise, it’s your right to request the correction of your personal information in case it’s not updated, is inexact or incomplete (Rectification); that we delete it from our registry or databases when you consider that it’s not being used in accordance with the values, duties and obligations previewed in the normative (Cancellation); as well as opposing to the use of your personal information for specific ends (Opposition). These rights are known as ARCO rights.

For the exercise of any of these rights, the person in question has to present the “Responsible” a request (hereinafter “REQUEST”) which has to be accompanied by the following:

1.    Your name, address and e-mail address to be able to communicate you with the response to the ARCO request.

2.    Documents that credit your identity (copy of IFE, passport or any other official identification) or in its case, documents that credit your legal representation;

3.    A clear and precise description of the personal information in which you seek to exercise one of the ARCO Rights,

4.    Any document or information that eases the localization of your personal information;

5.    In case of requesting information rectification, you should also indicate the modifications to be made and contribute the documents that sustain your request, and;

6.    The indication of the place where the Responsible will be able to review the original of the accompanying documentation.

In case of the revocation of consent, in addition to the above, the holder must show the date and means by which it gave consent for the use of Personal Information, with the purpose of easing its localization in our databases.  

The request that’s referenced to exercise your ARCO rights, will be attended by the “Responsible’s” Customer Service Area and should send the REQUEST referred above via e-mail to info@intensity.com.mx or in writing to the “Responsible’s” address, located in Batallón de San Patricio #109 piso 11, Colonia Del Valle Oriente, Postal Code 66260, in the city of San Pedro Garza García, Nuevo León, México with contact phone number (01 81) 1969 2202, as well as 01 800 522 1800. Such request will be analyzed and in case of being applicable, you will be contacted through e-mail or address that for that purpose you’ve provided us with, inside the next 20 calendar days upon receiving your request with the purpose of making effective any of the rights mentioned above.

You will be able to revoke at any time the consent that you’ve given us for the use of your personal information, as well as limiting their use or divulgation, sending the REQUEST by e-mail to info@intensity.com.mx or in writing to the “Responsible’s” address, located in Batallón de San Patricio #109 piso 11, Colonia Del Valle Oriente, Postal Code 66260, in the city of San Pedro Garza García, Nuevo León, México with contact phone number (01 81) 1969 2202, as well as 01 800 522 1800. However, it’s important to consider that not always we’ll be able to attend your request in an immediate way, since it’s possible that for some legal obligation we require to keep using your personal information. Likewise, you should consider that for some purposes, the revocation of your consent will imply that we can’t keep offering the service that you requested from us, or the conclusion of your relationship with us.

Transferring of Information

Your personal information can be transferred and treated inside and outside of the country, by different persons than “the Responsible”.

In that sense, your information can be shared with our suppliers and Service providers that we outsource, to provide you through these the products and services that You request, and that our company is a provider of. Your information can be shared to financial institutions in which the Responsible holds its concentrating and dispersing account by which payments are made to employees and/or suppliers; fund managers for retirement and insurance companies, to third parties related with the benefits that are offered to workers and employees; to third parties for the provision of legal advisory services for the elaboration of legal instruments that are subscribed; to third parties for the cession of rights derived from these contracts; to Companies which aim for the processing and administration of personnel and payroll management; to third parties that upon request from the Responsible perform audits, by virtue of the employment relationship with organisms like the Mexican Social Security Institute (IMSS), Secretariat of Finance and Public Credit (SHCP), Institute of the National Fund for Workers’ Housing (INFONAVIT), Secretary of Finance and General Treasury of the State of Nuevo León, Tax Administration Service (SAT), or any other government agency.

We commit ourselves to not transferring your personal information to third parties without your consent, save for the exceptions previewed in the article 37 of the Federal Law on Protection of Personal Data Held by Private Parties, as well as performing this transference in the terms that are set by that law. We inform you that for the indicated transfers, we require to obtain your express consent, however if you do not express your opposition within 5 calendar days for your personal information to be transferred, it will be understood that you have given your consent for it.

Communication of Privacy Policy Changes

The terms of this Notice can be modified or updated at any moment, unilaterally by “the Responsible”, whenever it deems it necessary. The modifications to this Notice will be published on “the Responsible’s” website www.intensity.com.mx so it is the responsibility of people who send us information to be aware of it to be informed of any changes.  

Acceptance of Terms

The holder of personal information manifests to have read and agree to the terms and conditions of the Privacy Policy made available, knowing the end to the recollection and use of your personal information, as well as the procedure for the exercise of your ARCO Rights. By providing information via internet, phone or personally, you give your consent to this Privacy Policy.

In the intelligence that the present declaration of Confidentiality/Privacy is subject to the terms and conditions of all of Intensity Air, S.A. de C. V.’s websites described previously, which constitutes a legal agreement between the user and Intensity Air, S.A. de C.V. If the user uses the services in any of Intensity Air S.A. de C.V.’s websites means that it has read, understood and agreed to the terms previously exposed. If you do not agree with them, the user must not provide any personal information, or use the services of Intensity Air, S.A. de C.V.’s websites.

IFAI

If you consider that your right to the protection of your personal information has been injured by some conduct or omission from our part, or presume some violation to the provisions laid down in the Federal Law of Personal Data Held by Private Parties, its Regulation and other applicable regulations, you will be able to interpose your unconformity or complaint before the Federal Institute for Access to Information and Data Protection (IFAI). For more information, we suggest visiting their official website www.ifai.org.mx.

Last update: January 8, 2014.

Sincerely.- INTENSITY AIR, S.A. DE C.V.