LEGAL

INTEGRAL PRIVACY NOTICE

JUXTA NATION

 

This Integral Privacy Notice (the “Privacy Notice”) is made available in accordance with the provisions of the Federal Law for the Protection of Personal Data Held by Private Parties (the “Law”), Regulations thereof (the “Regulations”), and the Privacy Notice Guidelines (the “Guidelines”). It governs the Processing of Personal Data carried out in connection with the services provided to you indistinctly “You” or the “Data Subject”) through the Website (the “Website”) https://juxtanation.co/es/. 

 

Please read this Privacy Notice carefully, as it contains relevant information about the Processing (the “Processing,” as such term is defined in the Law and its Regulations) that the Data Controller will make of your Personal Data obtained for the purposes described herein. 

 

1.    OUR IDENTITY AND ADDRESS: Proyecto Impacto Consultores A.C. with address at Tonalá Num. Ext. 7, Barrio el Cerrillo San Cristóbal de las Casas, Chiapas, 29220, México, is the Data Controller (the “Data Controller”) for the Processing of your Personal Data, as stated in this Privacy Notice. 

 

2.    PERSONAL DATA WE WILL COLLECT: The Personal Data that will be subjected to Processing in accordance with this Privacy Notice will be comprised in the categories indicated below: 

 

a.    Identification data; 

b.    Contact data;

c.    Location data;

d.    Authentication data; and

e.    Heritage data. 

 

3.       PURPOSES OF THE PROCESSING WE WILL MAKE OF YOUR DATA: The personal data you provide to us will be Processed for the following purposes, which are necessary for the existence, maintenance, and fulfillment of the relationship derived from your access to the Website: (i) to identify you and communicate with You; (ii) to provide you with e-commerce services for the purchase of products through the Website, and to comply with the obligations inherent to consumer protection; (iii) to follow up on your satisfaction as a purchaser of products and services through the Website; (iv) comply with the obligations arising from the Processing of your Personal Data, which includes the process of responding to requests for the exercise of your “ARCO Rights” (as the term is defined in numeral 6 below) and, where appropriate, (v) follow up on purchases you have made and your satisfaction as a consumer. 

 

In addition, we may process your personal data for the following secondary purposes: (a) to allow us to analyze your personal preferences and personalize our services to you on the basis that the Processing is in our legitimate interests to optimize our Website for your benefit; (b) to store your data to pre-populate fields to make it easier for you to provide information when you return to our Website, on the basis that so doing is in your legitimate interests to optimize your user experience therein, and (c) to manage your requests for customer service. 

 

4.      OBJECTION TO THE PROCESSING OF YOUR DATA AND LIMITATION THEREOF: you may object to the Processing of your Personal Data by abstaining from providing those relative to which you have any objection; however, you assume the consequences of the impediment that this means to carry out those purposes for which it was required. Additionally, you may revoke your consent for us to process your personal data by exercising your right of Opposition and the Right of Cancellation in the terms outlined in numeral 6 of this Privacy Notice. 

 

5.      TRANSFER OF YOUR DATA: For the purpose of the Data Controller may transfer your data to domestic or foreign third parties operating in the [•] ecosystem/environment: (i) in the case of companies within the same corporate group of the Data Controller; (ii) when the transfer is necessary pursuant to a contract entered into, or to be entered into, in your interest by the Data Controller and a third party; (iii) when the transfer is necessary for the maintenance or fulfillment of the existing legal relationship between the Data Controller and you, or (iv) in case of a request from any authority, within the strict compliance of the applicable legal ordinances. 

 

Once a transfer has been made, the receiving Data Controller shall make its own Privacy Notice available to you. At this time, the Processing carried out by such recipient of your Personal Data shall be subject to the terms outlined in such Privacy Notice. 

 

The payment for the purchase of goods and services through the Website is managed through one or more payment gateways, which are exclusively Data Controller for the Processing of the Personal Data of the payment method used for your subscription. The Data Subject authorizes the amount of information transfer of the payment made for his purchase and his user identifier with such payment gateway(s) to verify the payment and follow up on the obligations that may result from the same, such as exchanges, refunds, and/or chargebacks.

 

6.     MEANS TO EXERCISE THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, AND OPPOSITION (hereinafter “ARCO Rights”): At any time, you may have access to your Personal Data; you may Modify them if they are no longer accurate, complete, pertinent, correct or are outdated; Cancel them, if you consider that they are no longer necessary for the achievement of the purposes provided in this Privacy Notice, or Oppose the Processing of your personal data for specific purposes that are not necessary for your legal relationship with the Data Controller.

 

To exercise the ARCO Rights, you must send to us your respective request via e-mail to our Data Protection Officer’s attention to personaldata@juxtanation.com. Click here to download the format.

 

The request to exercise the ARCO Rights must be made using the form available herein and include and be accompanied by the following: (i) be duly identified as  an “ARCO Request” or as “Revocation of Consent”, in the latter case for the purposes in numeral 4 of this instrument; (ii) duly state the full name of the Data Subject and the means to notify her of the response to her request; (iii) copy of official documentation that validates your identity, identified by your handwritten signature, which must be identical to the documentation’s signature and, if the request were filed through a proxy, documentation to accredit the capacity of the latter; (iv) the clear and precise description of the Data requested to exercise any of the rights above; and (v) any other element or document that facilitates the location of the Data.

 

Requests for rectification must be accompanied by the supporting documents that justify its appropriateness and that they are relevant for their Processing, for which purpose it is necessary that you indicate precisely what the modification to be made is.

 

Once your request has been received, you will receive a return receipt with the corresponding folio and date of receipt. If within five working days of receipt the request does not comply with the requirements, you will be required to correct your request within the following ten days; otherwise, the request will be deemed not to have been filed. If you sent your request on a Friday or a non-business day, we would consider it as received the following business day after the one on which you sent it. After that, we will have up to 20 business days to analyze it and send to you the corresponding response to implement for which implementation, if applicable, we will have up to 15 business days. The means through which we will send you our response will be the one indicated by you between e-mail or postal mail, exclusively.

 

If the case were that your request complied with the Law and other regulations in force, you will be granted access, your data will be Rectified or Cancelled, prior blocking as appliable, your right of Opposition will be enforced, or your consent for the Processing of your Personal Data will be revoked, within fifteen (15) days following the date on which your request is answered. This term may be extended for an additional fifteen (15) business days when justified; likewise, we will promptly notify this situation.

 

In all cases in which your request were appropriate, the response will be free of charge as long as it is carried out through the e-mail address you provide for such purposes. Suppose you require the information to be delivered differently. In that case, you will only have to cover the administrative costs of recovery quoted for the cost of preparing the materials for your response in copies or other formats that are generated, and of shipping by the modality you have requested. To download the Arco request form click here. 

 

7.       LIMITATION OF THE PROCESSING OF YOUR PERSONAL DATA. The limitation of the Processing of personal data only proceeds for legitimate reasons, to avoid damages, or for purposes indicated as secondary in this Privacy Notice. Such restriction may be requested in writing through the means shown above, complying with the identification requirements for the exercise of ARCO Rights and indicating the originating causes that you consider or the purposes to which it is applicable. The request will be evaluated, and if approved, you will be included in an exclusion list of the Data Controller.

 

8.       REMOTE MEANS (USE OF COOKIES AND OTHER TECHNOLOGIES). We inform you that we use temporary files called “Cookies” and other technologies on our Website to monitor your behavior as a user and provide you with a better browsing experience on it. The Personal Data we obtain from these technologies is the Unique User Identifier. We use this data to distinguish users, verify your available information and limit the number of requests you can make. We also use certain types of cookies to display personalized advertising on the Website.

 

Notwithstanding the preceding, you can configure your Internet browser to be notified of the receipt of cookies and prevent their installation on your computer or device. Disabling and limiting the use of cookies in your browser may affect the proper functioning of the Website or some of its sections, and prevent you from using them, which the Holder accepts. 

Please refer to your browser’s specific instructions for more information.

 

9.       MODIFICATIONS TO THE PRIVACY NOTICE. The Data Controller may modify this Privacy Notice at any time and at its sole discretion, either due to amendments or modifications to the applicable legal regulations, a request by the competent authorities and/or per the requirements of the services we provide. In case of doing so, we will provide the most updated version through the Website https://juxtanation.co/legal/. We advise you to check periodically to see if changes have been made to this Privacy Notice.

 

10.     CONSENT: It is understood that you tacitly accept the terms of this Privacy Notice from the moment you access the Website and until you express your refusal to the Processing under these terms, subsequently exercise your right of Opposition or the power to limit this Processing. We may transfer your personal data as provided for in numeral 5 of this Privacy Notice until you exercise your right of Opposition in this regard or limit the purpose of the Processing of your data, provided that it is not required for the purposes of this document.

Welcome to the website (the “Website”) of JUXTA NATION www.juxtanation.co (“Juxta”).

These terms of use (the “Terms of Use“), which govern your use of the Website, are recorded in a data message, with the same validity as said Service Contract, and constitute a valid and binding agreement of wills between you (the “Client“) and Juxta, for the provision of the services (the “Services”) provided through the Website. You must read and accept these Terms of Use if you wish to use of such Website.

You must also accept the Privacy Notice that is an integral part of these Terms of Use, and which is available at https://juxtanation.co/es/legal/. If you do not agree to be bound by all the terms of either or both of the Terms of Use and the Privacy Notice, please refrain from using the Website.

Juxta provides the Website for the acquisition of products and services, its own or from third parties, available through it. The Website is not intended for any other use.

The terms identified in this document with initial capital letters to which a meaning is not assigned will have that corresponding to them according to the Services Contract (as said term is defined below).

1. DECLARATIONS AND WARRANTIES

The Client declares that:

a) By accessing and making use of the Website, you have sufficient powers and capacity to be bound by the terms of this document, to be bound by it and to comply with everything provided herein.

b) All and any information that you provide through the Website is, and will always be, pertinent, correct, updated and truthful.

c) It has the necessary resources to comply with the obligations contracted by virtue of the use of the Website.

Any faults in these Declarations regarding any substantive aspect or the Client’s willingness to comply with, or be subject to, these Terms of Use, or the Privacy Notice, will be cause for termination of the provision of the Services, without any liability to charge of Juxta.

2. SERVICES PROVIDED

Juxta will carry out the services to be made in favor of the Client through the Website, consisting of facilitating the possibility of acquiring products and services, its own or from third parties, by making the payment and managing the delivery of the corresponding product. Juxta reserves the right to, from time to time, add or eliminate any of the services available through the Website at any time, and without the need for prior notice to the Client.

The Client will access the Website using their own resources. Juxta will not be responsible in any way or measure for the defect or omission of the resources that the Client makes use of in order to access the Website to make or maintain such connection. The acceptance of the Client to the transactions carried out on the Website through the means provided in it will have electronic signature effects, so that all the actions carried out in this way will be attributed to the people who carry them out.

The Website may be disabled for certain periods, during which updating or maintenance actions necessary for its operation are carried out, or as a preventive measure for the security of the Website itself or networks to which it is connected. Juxta will endeavor to make it known in advance, or at the latest at the time the suspension begins.

3. VALIDITY AND TERMINATION

The Terms of Use will be in full force from the date of the Client’s first access to the Website and while the applicable text is in force, as it has not been modified in any way. The clauses related to intellectual property and copyright, confidentiality and responsibility will continue in force indefinitely.

Juxta may decline or terminate the relationship with any Client who:

a) Provide false data or information in order to access, or make use of, the Juxta Services and the Website.

b) Make use of means of payment that are not the owner or whose use has been authorized by the owner thereof.

c) Violate or breach in any other way or measure what is stipulated in these Terms of Use.

4. CONSIDERATION

The Services provided through the Website are subject to the payment indicated on the Website itself, which must be made through the means provided for it. The terms of the providers of the means of payment available through the Website must be consulted through the means that they themselves provide for this purpose.

5. INTELLECTUAL PROPERTY RIGHTS

Juxta is the exclusive owner, licensee or authorized user of all the content of the Website, including, without limitation, the computer programs or software through which it operates, in addition to the selection and distribution of its content, image, commercial image. and graphic design, brand (s) of product (s) and / or services visible in it, the texts, graphics and other elements visible in it (the “Intellectual Property”), which are protected by the applicable laws that govern to intellectual property, as well as by applicable international treaties on the matter.

Juxta may modify the selection and / or distribution of the content of the Website at any time, in any form or measure and at its sole discretion.

The Client will refrain from carrying out any acts that have, or could have, adverse effects on the Website, such as modifying it or attempting to modify it; create derivative works; decompile it; reverse engineer or otherwise extract the source code from the Website; make use of robot programs or “spiders”, scraping, framing, and other similar techniques or practices, as well as extracting graphic or visual elements from it to use them for any other use.

Carrying out such actions, as well as the improper use of such Intellectual Property without the prior written authorization of Juxta or its owner, as appropriate, will be grounds for termination of the Terms of Use, with the consequent termination of access to the Website and Services for the offending Client. In both cases, the foregoing will be grounds for exercising the appropriate legal actions, as appropriate.

The Client grants Juxta a non-exclusive, non-transferable, nor sublicensable, permanent and irrevocable, free and universal license on the information provided by him on the occasion of the use of the Website, as well as on the product of its processing including, without being limited to compilations, databases, analyzes, projections, studies and other creations, derived or not, for the fulfillment and execution of these Terms of Use.

When the provision of the Services, Juxta grants the Client a non-exclusive, non-transferable, non-sublicensable, temporary and revocable license, limited to the national territory and / or the Internet Protocol (IP) address through which the Client Access the Website, free and temporary, to allow the Client to use the Website and carry out the transactions permitted through it.

Nothing stipulated in these Terms of Use constitutes, nor can it be construed as constituting, authorizing, or licensing any of the Intellectual Property of one Party in favor of the other.

The use of the intellectual property of other owners that appears on the Website has been the subject of authorization by the latter for this purpose, in such a way that any third parties who consider that this infringes in any way or measure their own rights. of intellectual property must send a duly subscribed communication to the email personaldata@juxtanation.com, clearly stating the cause that they consider motivates the infringement and providing the elements they must support their statement, as well as the express statement of refraining from exercising any action against Juxta for such cause. Juxta will process the information provided by both parties to decide whether the allegedly infringing materials should, or should not, continue to be visible or available through the Website, without judging in any way or measure on the merits of the corresponding claim, what which should, where appropriate, be resolved by the competent authorities.

 

6. COPYRIGHT

The Website is exclusively for the personal and direct use of the Client. It is strictly forbidden to use the Website and its content, including without limitation texts, designs, graphics, audio, images, video, information, logos, computer programs or software and computer codes of any nature without prior authorization and in writing from Juxta. The Website is owned by Juxta, and may only be distributed, modified, republished, and / or copied with prior written authorization from Juxta. The alteration, editing, elimination or variation in any other way of the appearance, or change of purpose of the content of the Website, its codes, data, or materials is strictly prohibited.

The User is not granted any right over the elements of the Website, except for the license referred to in numeral 4 above. The Client acknowledges and accepts that it does not acquire any right of ownership, license or of any other nature for the use of the Website, nor for its access and navigation within it.

Violation of the provisions of this section, and of these Terms of Use in general, may result in a violation of copyright, industrial property and criminal law laws in force in Mexico.

7. CONFIDENTIAL INFORMATION

Ideas will be considered “Confidential Information”; formulas; databases; articles; studies; brochures; manuals; systems; procedures; reports; technical reports; minutes; “Know how”; industrial secrets; software; data; inventions; algorithms; techniques; marketing and / or advertising plans and projects; strategies; forecasts; customer lists; of contacts; from providers; business plans; studies, intelligence and / or market analysis, or any other technical, economic, legal, business or any other information owned by Juxta, its affiliates, subsidiaries and / or clients or potential clients, as well as any information related to or related to operations, business development, product development, new project development, finances, marketing, advertising, commercial promotions, logistics, promotional exchange operations or all that information owned by Juxta or that comes from third parties that would have made it available to Juxta, whose disclosure and / or exposure, whatever its form, would in any way harm Juxta and / or its affiliates, subsidiaries and / or its clients or said third parties.

The foregoing regardless of having had access to or knowledge of Confidential Information in analog, electronic or digital formats; whether in a verbal, written, graphic, audio or audiovisual manner, if the indication of confidentiality had been explicit or should or could have been inferred from the context in which access to or knowledge of such Information had been given.

The Client will refrain from seizing, or disclosing, directly or indirectly, the Confidential Information of Juxta for their own benefit or that of others, whether for profit, or from making use of it for any purpose other than the normal use of the website.

The Client expressly recognizes that the Confidential Information of Juxta constitutes an “industrial secret”, in terms of Article 82 of the Industrial Property Law, for which it is obliged not to reveal or disseminate it by any form or means, observing in this regard the provisions of the aforementioned Law. Failure to comply with the foregoing will make the persons involved in the violation of the aforementioned industrial secret subject to the corresponding administrative, civil and / or criminal sanctions, among others of the crime of disclosure of secrets, contemplated in articles 210, 211, 211 bis and other relative of the Federal Penal Code.

Nothing in this Clause constitutes or can be construed as constituting a license, authorization or any title that empowers the use of Confidential Information.

8. EXCLUSION OF LIABILITY

The Client undertakes to provide Juxta with information that is always truthful, correct and up to date. Juxta will not be responsible, in any case or under any form or measure, for the consequences of errors or omissions incurred in the provision of the Services due to the information provided to Juxta, being free of all responsibility for it. The Client will leave Juxta in peace and safe, and undamaged, from any claim due to the defect or omission in the quality or quantity of the products or services of third parties that it acquires through the Website, responding only to those provided directly and on their own. Juxta will not be responsible for the information it receives from the Client and / or Users, nor for that obtained from third parties for the provision of the Services.

Juxta does not guarantee the availability of the Website, nor that access to it will not be interrupted by errors, that it is free from them or that they will be corrected within a specified time. Juxta will not be responsible for any failure, “crash” or lack of availability that may occur on the Website or the server on which it is hosted. The Services are provided without warranty, express or implied. The Client will refrain from attempting any claim or action related to the foregoing.

Juxta will not be responsible for acts or omissions of third parties, whether they relate to the quality or quantity of the goods or services acquired by the Client through the Website, in which case Juxta will limit itself to proceeding in accordance with its policy of changes or returns, or in accordance with the provisions of paragraph 5 in relation to intellectual property. Juxta will be liable solely and exclusively for its own facts or omissions, related to the quality or quantity, excess or defect, of the goods or services provided by it, subject to the limits stipulated in these Terms of Use and in its policy of exchanges and returns. , as applicable.

The Client releases Juxta from all responsibility in the terms set forth herein, except to the extent that Juxta expressly assumes said responsibility in accordance with this document.

9. INDEMNITY

You must safely remove Juxta or any entity that is part of Juxta from any actions, claims, complaints and / or lawsuits that were initiated by any third parties due to your breach of the obligations under your charge in accordance with these Terms of Use, including the declarations and guarantees made therein, as well as for any External Content that may have been disclosed, or for violations of any provision, law or regulation and must indemnify it by paying damages resulting therefrom, as well as the expenses of the chosen legal representation.

10. NOTIFICATIONS AND MODIFICATIONS

A. The notifications and / or notices that must be made on this, including those relating to modifications to these Terms of Use and / or the Privacy Notice will be carried out by the means of contact that you have indicated in the creation of your Account, without prejudice to being able to be carried out also by other means permitted by law.

B. These Terms of Use may be modified by Juxta from time to time and said modifications will take effect when published by Juxta on the Website, which will constitute appropriate and sufficient notification thereof. You can contact us at the email contacto@luxelare.com for everything related to the above.

11. INTERPRETATION

These Terms of Use and the Privacy Notice comprise the entire agreement between the Client and Juxta. If certain stipulations contained in the Terms of Use are null or void, in whole or in part, the rest will retain their binding force and value. The delay or omission on the part of Juxta to exercise or enforce any right or stipulation derived from this will not constitute a waiver thereof.

12. APPLICABLE LAW AND JURISDICTION

These Terms of Use will be interpreted in accordance with the applicable laws in force in the Single Mexican States. You agree with Juxta to submit for its execution and compliance to the jurisdiction of the competent federal courts in Mexico City, irrevocably waiving any other jurisdiction that may correspond to you due to your present or future domicile, or for any other reason.

13. ACCEPTANCE OF THE TERMS OF USE

You agree with Juxta to be contractually bound by these Terms of Use and the respective Privacy Notice by accessing the Website, either through a mobile device, desktop or laptop, or any other means of access, and create an Account in it.

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