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Privacy Notice

Versión 1.0.1 Marzo 2020

SMABILITY, SAPI DE CV (hereinafter “Smability”) with address in República de Uruguay 35 int. 702Col. Centro, Alcaldía Cuauhtémoc, CP 06000, Ciudad de México, México, in compliance with the Federal Law on Protection of Personal Data Held by Private Parties, its regulations, guidelines and other relative and applicable provisions (hereinafter the "Law") makes the knowledge to the users of the website www.smability.io (hereinafter the "Website") the privacy policies, as well as the treatment that will be given to the personal data that is collected directly from through the Website to users in order to guarantee that the processing of personal data is carried out in a legitimate, controlled and informed manner, preserving the users' right to privacy and informational self-determination, through the use and implementation of high measures of technical, physical and administrative security, in order to prevent any damage, loss, alteration, destruction, use, access or unauthorized treatment.

The type of information that will be requested through the means described above to the user of the Website (hereinafter the “Holder”), includes, but is not limited to, the following personal data: full name, telephone number, email , address, date of birth, tax data, among others of a similar nature. The data requested will not be considered sensitive personal data in accordance with the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter the “Information”).

The personal data that is provided by the Holder to Smability, will have the purposes strictly necessary for the fulfillment of the required services, which in a non-limiting way is described below:

  • Identification of the Holder.
  • Provide the Holder with the services offered by Smability.
  • Provide, maintain and improve the services provided by Smability, such as sending notifications, sending blog updates and newsletters, developing new features, providing customer support, developing security options, and authenticating users.
  • Carry out internal operations, such as, for example, preventing fraud and abuse of Smability services, fixing errors on the Website and operational problems, carrying out analysis of data, investigation usage trends, among others. 
  • Give a correct follow-up to the Holder’s requests.
  • The Holder will be benefited with respect to offers, promotions, news, events and exclusive services from Smability.
  • Perform, as the case may be, updates to the Website, provide, as the case may be, exclusive downloadable material for the Holder.
  • Statistical information for consumption and evaluation of Smability services through the website.
  • Customize and improve services, from providing or recommending features, to content, social connections, among others.

The above information may be used for various commercial or research purposes, such as providing statistical data, sending advertising to the Holder according to their specific interests, conducting market research, conducting supply and demand studies, in addition to other activities or promotions that Smability considers useful for the improvement and compliance with the quality standards of the service provided.

The Holder may, according to the mechanisms established herein, deny, revoke their consent, as well as oppose the processing of their personal data for purposes that are different from those strictly necessary for the fulfillment of the established purposes.

Smability will not transfer personal data of the Holder. Likewise, and without prejudice to the foregoing, Smability may at any time reveal and transmit Information when required by law and / or the competent authority, or because it considers in good faith that such disclosure is necessary to: i) Comply with legal processes; ii) Respond to claims that involve any content that undermines the rights of third parties; iii) Protect the rights, property or safety of Smability, its users and the general public.

Smability may provide the Information to any authority that requires it, to interpose any means of defense in their favor, to establish protection measures against illegal activities or situations that involve risk to the safety of any person and any other activity that the law or any authority requires.

The Holder of the personal data provided to Smability, is responsible in any case, for the veracity, accuracy, validity and authenticity of the Information provided and undertakes to keep it duly updated.

In addition to the purposes strictly necessary for the fulfillment of the required services, Smability will collect information about the Holder when the Website is used in the following general categories:

  • Location information: For the provision of services it will be necessary to collect location data to inform to the Holder the possible need (e.g. lack of environmental monitoring stations in their city or community) to acquire Smability services; especially those related to the measurement of air quality (SMAA I and II).
  • Use and preference information: Smability collects information from the Holder regarding tastes, preferences, https://drive.google.com/file/d/1tKbc7P-icz9GXTLFr9w3X4W48C-LJq69/view?usp=drivesdkthrough interactions with the Website. Preferences may be determined, for example, through the information entered by the Holder in the different fields of interaction offered by the Website.
  • Device information: Ifis the Website is accessed from a mobile device, information about the location of the device will mainly be collected. 

I. Location Information

The Website may collect exact location information through the permission system used by the mobile operating system or the browser installed on the desktop computer. If you initially allow the collection of this information, you can later disable it by changing the location settings of the mobile device or in the browser preferences. 

II. Shared Information

The Holder may, upon written request: i) know the personal data that Smability has and the details of its treatment; ii) Rectify your personal data if it is inaccurate; iii) Cancel the processing of personal data when it considers that they are excessive or unnecessary for the purposes that justified their collection; and iv) Oppose the processing of your personal data for specific purposes.

The Holder must consider that for certain purposes, the revocation of consent to the processing of the Information will imply that Smability cannot continue to provide the product and / or service requested by the Holder.

At any time, the Holder may revoke the consent granted for the processing of their personal data, in order to stop using them, incase they need to limit the use and / or disclosure of personal data or , exercise any of your rights of access, rectification, cancellation or opposition (ARCO Rights), it is established that:

III. Holder’s Information

The Holder may at any time access the type of personal information in his account that Smability possesses through the generation of a written request (e.g., email) and indicate his desire or need to know the treatment or use of your personal information.

In the event of a request for access to personal information, cancellation or opposition to the processing of personal data, the Holder must direct his/her request: (i) to the email info@smability.io, from Monday to Friday at 9:00 a.m. at 6:00 p.m., on business days.

For the above, you must inform Smability, clearly and precisely, the personal data that the Holder wishes to be canceled or revised, as well as the purpose for which they were provided and in general meet the requirements mentioned in art. 29 of the Federal Law on Protection of Personal Data Held by Private Parties. In your request, you must include the following information:

  • Full name of the Holder, address, telephone and email account, in order to communicate the response to your request.
  • The documents that prove the identity or, where appropriate, the legal representation of the Holder of the personal data.
  • A clear, succinct and precise description of the request.
  • Any other element or document that facilitates, where appropriate, to comply with your request and / or to issue a response to it.

Smability will have a period of no more than 20 business days after receipt of the referred request to respond to it, and 15 more business days to exercise the right that it requests, if it is appropriate.

The aforementioned terms may be extended for an equal period, as long as the circumstances of the case justify it.

Any modification to this notice will be notified to you through the following means:

Website, https://smability.io/en/privacy-notice/, or through an update notification sent by email. 

Likewise, any change of address, telephone number, fax and / or Web page, will be published on the Web Page indicated above during fifteen calendar days prior to the effective date of change, and it will be the responsibility of the Holder to consult this notice and its modifications.

By providing their personal data, the Holder confirms and accepts that he/she has read and gives his/her consent to comply with the provisions of this Privacy Notice, in the event of providing sensitive personal data and/or of a patrimonial and/or financial nature, Your consent will be obtained expressly and in writing, stating your handwritten signature, electronic signature, or any authentication mechanism established for that purpose.