Privacy Notice

TRADEMARK SOLUTIONS COMPREHENSIVE PRIVACY NOTICE

TRADEMARK SOLUTIONS, AS THE COMPANY RESPONSIBLE FOR THE PERSONAL DATA OF ITS USERS AND CLIENTS, HEREBY MAKES AVAILABLE THIS PRIVACY NOTICE FOR THE PURPOSE OF GUARANTEEING THE DATA SUBJECTS' RIGHT TO INFORMATIONAL SELF-DETERMINATION. THIS PRIVACY NOTICE IS MADE AVAILABLE TO THE DATA SUBJECTS ON THE WEBSITE OPERATING UNDER THE DOMAIN NAME www.tmsolutions.mx

I. DATA CONTROLLER: ENTITY AND ADDRESS. The Data Controller for the Processing of Personal Data is the legal entity named PANAMERICANA DE PATENTES Y MARCAS, S.C. (referred to herein as “TRADEMARK SOLUTIONS”), with address at Av. Revolución 1392, 2nd floor, Col. Guadalupe Inn, CP 01020, CDMX, Mexico, an entity that undertakes to comply with the provisions set forth in this Privacy Notice, as well as the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) (hereinafter the “Law”), its Regulations, and the Privacy Notice Guidelines.

II. PERSONAL DATA SUBJECT TO PROCESSING. Pursuant to this Privacy Notice, TRADEMARK SOLUTIONS hereby informs Data Subjects that it will carry out Processing of the Personal Data it collects through its website www.tmsolutions.mx (the “Site”), such data consisting of the following:

1. Identification data of the Data Subject (name)
2. Contact data (telephone number, email address and address)
3. Billing data (RFC [Federal Taxpayer Registry Code], name or company legal name, tax address)
4. Data related to the service being contracted.

III. SENSITIVE PERSONAL DATA. TRADEMARK SOLUTIONS does not process sensitive personal data, nor financial or banking data (the latter is collected by the OPENPAY payment platform https://www.openpay.mx/).

IV. PURPOSES OF PROCESSING. 

1. To identify the client (Data Subject) in connection with the contracting of services provided by the responsible company, administer the provision of the requested service, and coordinate its provision (Intellectual Property services, primarily trademark registration).
2. To manage and update the company's accounting and client records.
3. To collect your information as a frequent client in order to provide you with the benefits derived from a benefits and discounts program.
4. To contact the Data Subject through any means whose details the Data Subject has provided to TRADEMARK SOLUTIONS in order to manage, process and follow up on service requests.
5. To provide or render the contracted services.
6. To contact the Data Subject through any means whose details the Data Subject has provided to TRADEMARK SOLUTIONS for the purpose of filing and following up on complaints, suggestions and comments about the contracted services.
7. To create a record in the accounting and administrative systems of TRADEMARK SOLUTIONS regarding the Data Subject, the services rendered, and the payments made or to be made.
8. To contact the Data Subject through any means provided to TRADEMARK SOLUTIONS to follow up on quotes, orders, estimates, budgets and service proposals.
9. To address questions, comments and inquiries about the services to be contracted with TRADEMARK SOLUTIONS.
10. To evaluate the quality of the service provided by TRADEMARK SOLUTIONS with respect to the business relationship.
11. To send promotional and advertising information from TRADEMARK SOLUTIONS as well as information about new services.

V. TRANSFER OF PERSONAL DATA. TRADEMARK SOLUTIONS will not carry out Transfers of your Personal Data, except for those listed in Article 37 of the Law.

VI. MECHANISMS FOR THE DATA SUBJECT TO EXPRESS REFUSAL OF THE PROCESSING OF THEIR PERSONAL DATA AND PROCEDURE FOR EXERCISING ARCO RIGHTS (ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION). In the event the Data Subject does not wish their Personal Data to be used for all or any of the Purposes set forth in the preceding section, they must send an email to the address marcas@tmsolutions.mx in accordance with the following procedure:

TRADEMARK SOLUTIONS recognizes that Data Subjects may exercise ARCO rights over their Personal Data, which consist of the following:

1. Right of Access: To know which of their Personal Data is held by TRADEMARK SOLUTIONS and the purposes of its processing.
2. Right of Rectification: To request the correction of their Personal Data in the event it is outdated, inaccurate, erroneous or incomplete.
3. Right of Cancellation: To request the deletion of any record or copy of their Personal Data, whether physical or electronic.
4. Right of Opposition: To request the cessation of the use of their Personal Data.

The rights described above may be exercised by means of a written request sent via email to the email address marcas@tmsolutions.mx with the subject line “Exercise of ARCO Rights.” The email address mentioned corresponds to the department that will process the requests in question and that may be contacted by Data Subjects at any time. 

In the body of the message, the Data Subject must provide the following information:

1. To know which of their Personal Data is held by TRADEMARK SOLUTIONS and the purposes of its processing.
2. The “ARCO Rights Exercise Request” form, duly completed and signed by the Data Subject or their legal representative.
3. Full name and address.
4. A clear and precise description of the Personal Data with respect to which the Data Subject seeks to exercise any of the ARCO rights.
5. A statement of the ARCO right the Data Subject wishes to exercise and the reasons for doing so.
6. Any document or information that facilitates locating their personal data.
7. If requesting a rectification of data, the Data Subject must also indicate the changes to be made and provide documentation supporting the request.

Likewise, the request must be accompanied by the following documents in digital form:

1. The “ARCO Rights Exercise Request” form, duly completed and signed by the Data Subject or their legal representative.
2. Official identification of the Data Subject or their representative.
3. Power of attorney of the legal representative, if applicable, either by public deed or by a letter of authorization signed before two witnesses, together with official identification of both the Data Subject and the representative.
4. Document evidencing that the personal information is held by TRADEMARK SOLUTIONS.

Once the Data Subject's request has been received, TRADEMARK SOLUTIONS will send an acknowledgment of receipt by email. Thereafter, it will respond to the Data Subject by email within 20 (twenty) business days from the date the request was received. This time period will only apply provided TRADEMARK SOLUTIONS has sufficient information to process the request, in accordance with what is established in the following paragraph.

The Data Subject should take into account that, in order to have sufficient elements to process the request, TRADEMARK SOLUTIONS may require additional information within 10 (ten) business days following receipt of the request. From the date of the request by TRADEMARK SOLUTIONS, the Data Subject will have a period of 10 (ten) business days to respond to this request. In this case, the 20 (twenty) business day period mentioned in the preceding paragraph will begin to run on the day following the date on which the Data Subject responded to the request from TRADEMARK SOLUTIONS.

If the request is found to be valid and the Data Subject has proven their identity and entitlement to the ARCO right they sought to exercise, Access to the Personal Data, the requested changes, the Cancellation, or the response to the Opposition will be carried out within a maximum period of 15 (fifteen) business days from the date on which the request was answered. The response to the request will be notified by certified mail or in person at the address of the Data Controller, depending on the method chosen in the request.

In the case of requests for Access to Personal Data, delivery will proceed upon proof of identity of the requester or representative, as applicable. Such delivery will be made in simple copies at the address mentioned herein, or alternatively, in electronic documents to the email address from which the request was sent.

If the purpose of the request is Opposition, the Processing of Personal Data will cease on the business day immediately following the date on which the affirmative response was communicated to the Data Subject.

VII. MEANS AND PROCEDURE FOR REVOCATION OF CONSENT. At any time and for any reason, the Data Subject may revoke the authorization given to TRADEMARK SOLUTIONS for the Processing of their Personal Data. TRADEMARK SOLUTIONS states that, for the fulfillment of certain purposes, revocation of consent could mean it is no longer possible to continue the relationship between both parties.

Where applicable, revocation of consent will be carried out in accordance with the following procedure.

1. Send an email to the address marcas@tmsolutions.mx with the subject line “Revocation of Consent.”
2. The body of the message must state:
   1. The full name of the Data Subject.
   2. The reason for the request.
   3. The arguments supporting the request.
   4. The date from which the revocation is to take effect.
   5. Official document evidencing the Data Subject's identity, which must be attached to the request.

TRADEMARK SOLUTIONS will respond to the request by email within 20 (twenty) business days from the date it was received. This time period will only apply provided TRADEMARK SOLUTIONS has sufficient information to process the request, in accordance with what is established in the following paragraph. 

The Data Subject should take into account that, in order to have sufficient elements to process the request, TRADEMARK SOLUTIONS may request additional information within 10 (ten) business days following receipt of the request. From the date of the request by TRADEMARK SOLUTIONS, the Data Subject will have a period of 10 (ten) business days to respond to this request. In this case, the 20 (twenty) business day period mentioned in the preceding paragraph will begin to run on the day following the date on which the Data Subject responded to the request from TRADEMARK SOLUTIONS.

VIII. PARTY RESPONSIBLE FOR PROCESSING ARCO RIGHTS REQUESTS, LIMITATION OF USE AND DISCLOSURE, AS WELL AS REVOCATIONS. If the Data Subject wishes to revoke their consent, limit the use and disclosure of their information, or Access, Rectify, Cancel, or Oppose the Processing of their Personal Data, they must do so through the Department designated by TRADEMARK SOLUTIONS, whose contact details are set out below:

Responsible department: TRADEMARK SOLUTIONS PERSONAL DATA PROTECTION DEPARTMENT.

Email: marcas@tmsolutions.mx 

IX. MEANS TO LIMIT THE USE OR DISCLOSURE OF PERSONAL DATA. TRADEMARK SOLUTIONS undertakes to enter into legal acts, adopt privacy, Personal Data protection, and information security policies applicable within its organization, as well as to implement security measures of a technological, physical and administrative nature. TRADEMARK SOLUTIONS stores personal information in databases with limited access, located in controlled facilities with security mechanisms. TRADEMARK SOLUTIONS undertakes that the information provided by the Data Subject will be considered and treated as confidential.

X. SYSTEMS THAT COLLECT DATA AUTOMATICALLY. We inform you that our website, app and social media in general make use of cookies and other technologies, through which it is possible to provide you with our services and offer you an optimal and personalized experience while using them. The personal data collected through these technologies are: IP address, websites and sections thereof that you visit from our site, before our site, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information about behaviors and actions carried out while our site is open, dates and times of visits to our site, sections or content viewed therein, and the user's location and geolocation data while our site is open.

These technologies can be disabled by accessing the Privacy and / or Security option located in the Options, Tools, Preferences section of the Internet browser you are using, or similar functions thereof, or through the settings, tools or similar icon of the device on which the app is installed; however, when disabling them you should bear in mind that doing so could prevent you from obtaining the full functionality that our site and app may offer you. If you wish to obtain additional information about cookies mentioned in this section, you may visit www.allaboutcookies.org.

XI. RETENTION PERIOD FOR PERSONAL DATA. In compliance with the quality principle, all Personal Data of the Data Subject will be safeguarded for the time necessary to fulfill the purposes for which it was collected. Thereafter, a blocking period will take place prior to its cancellation.

XII. MODIFICATIONS TO THE PRIVACY NOTICE. The Data Subject is hereby informed that TRADEMARK SOLUTIONS reserves the right to make modifications or updates to this Privacy Notice at any time; any modification thereto will be communicated by means of the publication of a notice on the website of TRADEMARK SOLUTIONS so we recommend that you check it frequently.

XIII. UNDERSTANDING AND ACCEPTANCE. By this act, the Data Subject states that they understand and accept this Privacy Notice.

Last Updated: March 17, 2021