Comprehensive Privacy Notice
1. IDENTITY AND ADDRESS OF THE PERSON IN CHARGE
This Privacy Notice governs the use of personal data by Pendulum, S. de R.L. de C.V., Sociedad Limitada de los Activos de Gramercy, S. de R.L. de C.V.; Corporación para la Recuperación y Utilidad de Activos, S. de R.L. de C.V.; SCRAP II, S. de R.L. de C.V., Sociedad Corporativa para la Resolución de Activos y Propiedad, S. de R.L. de C.V.; Recuperación y Administración de Hipotecas, S. de R.L. de C.V., and FC Acquisitions, S. de R.L. de C.V., Grupo Pendulum members, hereinafter, "Grupo Pendulum", which business address is Av. Paseo de la Reforma 404, 8th and 10th Floors, Col. Juárez, 06600, Mexico DF, in its position as the Responsible Parties that will process your personal data, in order to protect your privacy and your right to informational self-determination, as established in the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDP) with its Rules, and the Privacy Notice Guidelines issued by the Ministry of Economy (the "Legislation").
For purposes of this notice, the definitions of the terms "Personal Data", "Sensitive Personal Data", "Days", "Treatment", "Information Holder", "Head", "Supervisor", "Transfer", "Referral", "ARCO Rights", "Right of Access", "Right of Rectification", "Right of Cancellation", "Right of Opposition", "Cookies" and the other elements specified in the Notice shall have the same meaning as ascribed in the Legislation.
3. PERSONAL DATA WE COLLECT AND PROCESS
We at Grupo Pendulum collect and process the following personal data:
a) General information
Full name and surnames, personal or work (clients) email addresses; date and place of birth, marital status, nationality, including your full home address, personal mobile phone number (clients); full work address, telephone number, home or work number and signature (clients).
b) Tax Data
Federal Taxpayer Code and Folio number and fiscal address (clients).
c) Financial and property data
Level and source of income, credit behavior, and personal and business references (clients).
d) Sensitive personal data
Grupo Pendulum does not collect or process your sensitive personal data unless you decide to provide it so we can offer you advice about our products and services, in which case we will ask you to grant your express consent (clients).
e) personal data from publicly available sources and received via consensual transfers
Information from public records, directories, social networks and other legitimate sources available in the market, as well as personal data we have received from third parties you authorized in the past (clients).
f) Third party personal data
Identification and contact information including name, land-line and/or work mobile telephone numbers to request your personal and business references, including information about your payment history and behavior (clients).
g) Personal data automatically collected by Grupo Pendulum website tools
Information on the type of browser you use, the language you use, means of identification you use to log into our websites, passwords to access the Grupo Pendulum website, access times, IP address, browser type and computer operating system or device you used to access the Grupo Pendulum website, interaction with our email addresses and our websites (clients).
h) Personal data as part of an automated decision-making process.
Grupo Pendulum does not treat your personal data in any automated decision-making processes without the intervention on their assessment by individuals.
i) Personal data from social networks
Grupo Pendulum may collect and process personal data and information you've shared on social networks, such as Facebook®, Twitter®, LinkedIn®, and others, including all "public" you have shared, such as photographs, names, videos and comments, as established in the terms and conditions of use and in policies and statements made by those networks.
j) Personal data about family members and/or other dependents
Identification and contacts of relatives, dependents or beneficiaries, such as your name, telephone number and/or email address (clients).
The personal data referred above allows us to provide our services and fulfill our contractual, administrative, tax, civil and/or commercial obligations. The collection of personal data is carried out by: i) the voluntary and direct provision of your information through our printed forms; ii) the voluntary provision of information and personal data or telephone interviews with our authorized personnel; iii) your voluntary and direct provision of your information through our website dialog windows or the use of email, and iv) the use of publicly available sources and other sources available in the market.
The personal data described in the preceding paragraphs may be recorded in different types of printed or digital documents, such as copies of your official identification (voter's registration card, passport, immigration document or driver's license), Federal Taxpayer Code, marriage certificate (if applicable), proof of address (if applicable), financial statements (if applicable), and proof of public records.
We at Grupo Pendulum use your personal data to carry out the activities and management efforts focused on complying with the obligations originating from and arising from any legal and business relationship we establish with you in providing our services, in which we believe our primary purposes include:
1. Allowing access to our facilities;
2. Managing our customers' information to keep our databases up to date;
3. Managing the business relationship with our customers;
4. Verifying your identity and the information you provide;
5. Creating our files and your online profile;
6. Managing appointments with our representatives;
7. Formalizing the settlement process with our clients by signing the corresponding contracts or agreements;
8. Processing your payments through the different payment methods derived from your contract or agreement;
9. Preparing and delivering your financial statements;
10. Managing our collection processes by phone, print, electronic and physical media;
11. Allowing for the safe management and administration of your personal data;
12. Keeping physical, electronic and procedural records of your personal data in terms of the applicable legislation and regulations, and
13. Complying with the applicable civil, commercial, administrative and fiscal legal requirements.
We will process your personal data for other secondary purposes that do not give rise and are not required for the legal and commercial relationship we establish with you, including:
1) Addressing your request for information about our products and services;
2) Providing asset management services;
3) Applying conventional penalties for breach of your contract or agreement;
4) Receiving notifications about issues related to Grupo Pendulum websites;
5) Managing our Customer Services;
6) Managing your record of compliance with your obligations;
7) Addressing your comments, suggestions, complaints and requests for clarifications;
8) Managing the delivery of advertising, notices, messages, news, invitations to events and meetings, through print, electronic, telephone and/or face-to-face channels for advertising, promotional, market research or marketing purposes unless you resign from receiving them;
9) Providing online services;
10) Carrying out consumer and market research in order to offer you customized products and services as well as advertising and content best suited to meet your needs;
11) Evaluating the quality of our products and services through various instruments, including satisfaction surveys and opinion interviews;
12) Implementing activities to promote, maintain and improve our products and services, and
13) Negotiating contract bonds, and executing them, when appropriate.
In order to comply with the Law, you hereby manifest: i) that Grupo Pendulum advised you of this Privacy Notice collecting and/or processing your personal data, ii) that you have read, understood and agreed to the terms stated in this Privacy Notice for the collection and processing of your property, financial and/or sensitive data, and if you provide them, you will include your name and signature below this document, or will manifest your consent through the dialog windows enabled on our websites. The above, based on Articles 8 and 9 of the LFPDP as well as Articles 11, 12, 14, 15, 16 of the Regulations, without prejudice to the exceptions established in Articles 10 and 37 of the LFPDP which authorize us to treat your personal data and transfer it in order to meet our contractual obligations in legal terms, or by virtue of the present and/or future legal relationship we have or will have with you.
For the collection, processing and transferring of your personal data, other than financial, economic and sensitive information, you will provide your tacit consent to the terms of this Privacy Notice by not objecting or opposing to its contents within 48 hours after you first receive it by the different means, including its publication on our website.
In order to comply with the obligations arising from the legal relationship we have established with you through the contract or related agreement, we may share your personal data with third parties in Mexico with whom we sign contracts or agreements for the acquisition, purchase or transfer of your loan. The third party recipients of your personal data are or will be required by virtue of the contract or related agreement, to maintain the confidentiality of personal data supplied by Grupo Pendulum and to observe this Privacy Notice. Grupo Pendulum may transfer your personal data to the companies listed in the following table.
|Third Party Receiver||Purpose of the transfer||National or international transfer||Consent Requirement|
|Parties interested in buying the loan portfolio||Acquisition of a loan portfolio||National||Number of the Legal Grounds: Article 37 Section VII of the LFPDP.|
7. PROCEDURE TO EXERCISE YOUR ARCO RIGHTS AND REVOCATION OF CONSENT.
You will always have the right to access, rectify and cancel your personal data, and oppose the processing thereof or revoke your consent regarding treatment for certain objectives, including secondary purposes you authorized at a given time, either directly or through your legal representative. If you decide to do it directly, you can edit your online profile, or submit an application using the forms we will provide online or via email with the following information and documentation:
1. Your full name, address or other means, such as your email address so we can answer your request;
2. Documents verifying your identity, simple and uncertified electronic or hard copy of your voter's registration card, passport or FM-3, as applicable, or, if applicable, your legal representative's identity documents with a simple uncertified electronic or hard copy of your uncertified power of attorney with your handwritten signature and your legal representative's. This document must also be signed by two witnesses who must present their corresponding official identification documents, such as a voter's registration card, passport or FM-3.
3. A clear and accurate description of the personal data on which you wish to exercise your ARCO rights; and
4. Any other item or document that facilitates the location of your information
In the case of requests for access to personal data, which Grupo Pendulum will query after receiving your information online, with a proof of your identity or that of your legal representative, as appropriate.
In the case of requests for correction of personal data, you must also indicate the changes to be made and provide the corresponding support documentation.
Grupo Pendulum will answer you within 20 (twenty) days from the date it receive your request to exercise your ARCO right, with the decision it makes to this end, in order to enforce such determination, if appropriate, within 15 (fifteen) days after the date on which it replies to your request. In all cases, Grupo Pendulum will answer you through the same means you used to submit your request, or by other means agreed with you, if any. The deadlines mentioned above may be extended once for an equal period, when warranted by the circumstances as established in the LFPDP.
Delivery of personal data will be free, and you will only need to cover the justified shipping expenses or the cost of reproduction in copies or other formats. If you send a second application within less than 12 (twelve) months, you must cover the costs involved in terms of the LFPDP, unless there are substantial changes to the Privacy Notice to that would lead you to submit new queries.
Please feel free to contact our Privacy Officer in our offices located at the address provided in paragraph 8, either online or via email with regard to the reception, registration, attention and responses to the requests to exercise your ARCO rights and other rights established under the LFPDP.
If the information provided in your application is incorrect or insufficient, or, the corresponding Borrower documents are not included, we may ask you, within five (5) days of our receipt of your request, to provide the items or documents needed to process your request. You will have 10 (ten) days to respond to our requirement, effective as of the day after you receive it. Failure to respond within that period shall annul your request.
8. PRIVACY OFFICER.
Please contact the Grupo Pendulum Privacy Officer at our offices located at Av. Paseo de la Reforma 404, 8 and 10th Floors, Colonia Juárez, 06600 México D.F. with all queries you might have regarding the protection of your personal data. You may also contact him by calling +52 (55) 1084-3500 Ext. or sending a Fax to: +52 (55) 1084-3503 or by email addressed to: email@example.com.
9. LIMITATION OF USE AND DISCLOSURE OF INFORMATION
Grupo Pendulum will retain your personal data for as long as necessary to manage its business or legal relationship with you and to keep records required by the LFPDP, its Regulations, and the applicable civil, commercial and tax laws and administrative regulations.
Personal data collected by Grupo Pendulum is protected by adequate safeguards against damage, loss, alteration, destruction or use, unauthorized access or treatment, in conformity with the provisions set forth in the LFPDP and its Regulations.
In order to limit the use and disclosure of your personal data, you only need to send an email to firstname.lastname@example.org with your request
Protection of minors, interdicted person or persons with disabilities: Grupo Pendulum does not collect personal data from or about minors, interdicted persons or persons with disabilities, unless such data is provided by a parent, guardian or legal representative, as appropriate. If Grupo Pendulum considers that the personal data has been provided by a minor or a person who is incapable or in a state of interdiction, in contravention of this Privacy Notice, we will remove such personal data as soon as possible. If you have knowledge that such personal data has been provided by a minor under 18, or by a person in an unable state or interdicted, please send an email to: email@example.com.
Collection of information when you browse Grupo Pendulum Websites
Grupo Pendulum may collect personal data through its website, or by using tools to automatically collect information. Some of the automated information capture tools used by Grupo Pendulum include cookies.
These cookies may be disabled. Check the following link or email address to learn how to do this:
10. CHANGES TO THE NOTICE.
Grupo Pendulum reserves the right to update this Privacy Notice to reflect changes in our practices regarding the protection of information from our continuous improvement process, as well as the applicable legal, administrative and regulatory changes. We invite you to periodically review the contents of the Privacy Notice on our website, where we will post the changes along with the date of the last update.
11. MANIFESTATION OF CONSENT
In order to give your express consent for the processing of information described in this Privacy Notice, we ask you please sign this document and send it to our Privacy Officer, or select the I Accept button on the corresponding section of the dialog window on our Website.