Privacy notice

ADS MOBILE, S. DE RL DE CV (“MEXFON” the “Provider”) is the Operator of the
Mobile phone service under the Phone-guy brand and solely responsible to the
End user for the provision of mobile telephony and data services.

This Privacy Notice explains the privacy policies and practices that govern MEXFON regarding the processing of personal data on our Website (https://www.phone-guy.mx), our points of sale, and social media. We are firmly committed to protecting the privacy of our customers and users (“User” or “You”).

This Privacy Notice forms an integral part of our Terms and Conditions.

PERSONAL DATA COLLECTED

For the purposes set out in this Privacy Notice, we may obtain the personal data mentioned below:

1. Identification and contact information. We collect name, address, telephone number, date of birth, gender, email address, username, and password.
2. Computer records related to your online activities and behavior. Our website uses cookies and web beacons to obtain certain information related to you as an internet user, including: browsing time, number of visits, frequency and duration of browsing on our website, sections visited and web pages you visited before entering our website, what browser you are using, and your IP address.
3. Financial Information. On certain occasions, and if you are a user of our services, we will require your credit or debit card information to provide you with our services or to allow you to purchase our products. We will also require your Tax ID (RFC) for billing purposes.

MEXFON does not obtain personal data considered sensitive under the Federal Law on the Protection of Personal Data Held by Individuals (“LFPDPPP”) and applicable regulatory provisions.

MEXFON is committed to the safety and privacy of children who use the internet. We will never knowingly collect personal data from anyone under 18 without the prior verifiable consent of their parents. We will ask customers to provide their year of birth. If we discover that a child under 18 has provided us with personal data, we will make every effort to delete that data from our records. Parents or guardians of minors may at any time exercise the rights recognized by the Federal Law on the Protection of Personal Data Held by Private Parties (LFPD) regarding the personal data of the minors in their care, and may direct any questions about the use of such data to the Data Controller (as defined below), through the means established in this Privacy Notice.

PROCEDURE FOR OBTAINING PERSONAL DATA

MEXFON obtains your personal data directly, through forms on our Website, on our platforms or computer applications, through the use of cookies, through the Customer Service Center, our chat and our social networks.

We may also obtain your data directly or indirectly when you visit MEXFON distribution centers and points of sale, whether operated by MEXFON, its service providers, or business partners.

PURPOSES FOR USING YOUR PERSONAL DATA

Original and Necessary Purposes:

1. To inform data subjects about the services marketed by the Data Controller, when they request it through any means. The information provided may include the types and prices of our services for online or in-person contracting.
2. Facilitate the contracting of services offered by MEXFON, through physical or electronic means;
3. Shipping SIM cards to the homes of MEXFON customers;
4. Payment processing, billing and collection for services provided by MEXFON;
5. We collect your personal data to provide you with a seamless, efficient, and personalized experience on our Website, or to process your requests to purchase our goods and services.
6. If you are a MEXFON customer, we may use your personal data to identify you as such, contact you and send you information related to the services provided and your customer status.
7. To manage your customer account and to fulfill our obligations under applicable law and contracts entered into with you.
8. Customer service through electronic means, including recording calls for the purposes of providing evidence of contracting and quality control of service;
9. Statistics and historical records of clients, including consumption habits.

Additional purposes:

10. For advertising, marketing, or sales prospecting purposes, according to your preferences. The use of your data for these purposes is not necessary for the existence, maintenance, or fulfillment of any legal relationship that MEXFON may have with you. You have the right to limit the use of your personal data.
11. Your aggregated personal data is used for statistical purposes, regarding the interests and behavior of our customers, including how they use our Website, and to improve our business strategies.
12. To conduct opinion surveys that allow us to improve our services and the way in which we offer them.

THIRD PARTIES WITH WHOM WE SHARE PERSONAL DATA

In general, MEXFON does not share your personal data with third parties, nor does it sell or rent it. MEXFON may transfer your personal data in certain cases when such transfer is necessary to maintain our relationship with you and/or address any of your requests, comply with applicable law, or fulfill our contractual obligations to you.

TRANSMISSION OF PERSONAL DATA TO OUR AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS AND OTHERS

MEXFON may share your personal data with any of the companies belonging to our corporate group, whenever necessary. Please note that this transfer may be national or international.

MEXFON may transfer all or part of your personal data to service providers who support us in some process, including:

1. our legal, accounting or financial advisors, including external auditing firms;
2. to information technology service providers who provide us with Site hosting services;
3. to market research companies that support us by conducting studies or reports related to the market for our products;
4. We use third-party service providers to offer our services, including those who help us with billing, support, order fulfillment, mobile content delivery, package delivery, email and postal mailings, removing duplicate information from customer lists, data analysis, marketing support, credit and debit card payments, and customer service. These transfers may be domestic or international. In all cases, these third parties process information on our instructions and have entered into contractual obligations with us to protect the personal data you provide.

MEXFON may provide your personal data to the competent authorities that require it in the context of an investigation or the administration of justice. We may disclose any personal data when necessary or legally required to safeguard a public interest, the administration of justice, or when necessary for the recognition, exercise, or defense of a right in a legal proceeding.

We may also transfer your personal data if MEXFON is acquired by another entity in the context of a corporate transaction and the transfer of the Site is necessary to complete the transaction and provide our services. You will be notified of such an event (should it occur), and we will require the new combined entity to follow the practices outlined in this Privacy Policy or notify you of any changes.

REAL-TIME GEOGRAPHIC LOCATION

Real-time geolocation is the information that indicates the location of your MEXFON mobile phone. When you turn on your phone and use any of our location-based services, your device automatically communicates with our network and relays your current location. We do not guarantee that location services will be available at a specific time or geographic location, nor that the service will be provided without interruption.

By using our location-based services, you agree that we may electronically collect, monitor, and track your physical location and the location of your phone. This information will only be used to provide you with the services you have requested or in emergency situations as required by law. You can disable these services in your phone's settings menu, depending on your device. All information collected, monitored, and tracked regarding your physical location or the location of your phone will not be retained longer than necessary to provide the location-based services you have selected.

RIGHTS TO LIMIT THE USE OF YOUR PERSONAL DATA

If you are a MEXFON customer and wish to limit the use and disclosure of your personal data, we offer you the following options:

If you no longer wish to receive our emails, you can always unsubscribe. This will remove your information from our mailing list, ensuring that your personal data is not used for marketing, advertising, or sales prospecting purposes by us.

To learn more about personalized advertising and/or to opt out of the automatic collection of information for this reason, visit the PROFECO Public Registry to Avoid Advertising at the following link: REPEP PROFECO

If you wish to stop receiving phone calls or for any other request, you can contact our personal data department by email at arangel@adsmobileservices.com, by phone at 5541726786, or by mail or in person at the address located at Avenida Insurgentes sur 1847 interior 4, colonia Guadalupe Inn, Delegación Alvaro Obregón, CP 01020, Mexico City.

ARCO RIGHTS

In accordance with the LFPDPPP, you enjoy the rights of Access, Rectification, Cancellation and Opposition to the Processing (the “ARCO Rights”), as well as the right to have your personal data not processed for the purposes indicated in this Privacy Notice or to revoke at any time the consent granted for the processing of your personal data to the extent that the law allows.

To exercise your ARCO rights (Access, Rectification, Cancellation, and Opposition), your right to refuse or revoke consent, or to raise any questions or complaints regarding the processing of your personal data, please contact our Data Protection Officer. Your requests will be evaluated in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP) and other applicable obligations. To do so, you must send the following to our Data Protection Officer:

1. full name and valid official identification or document that proves the representation of the data subject, if applicable;
2. clear and precise description of the personal data regarding which you wish to exercise your ARCO Rights;
3. contact information (home address, telephone or email),
4. the place or email address where you wish to receive the data.

You will receive our response within a maximum of 20 days from the date we receive your request, and we will implement it within 15 days of the date we communicate our response to you. For requests to access personal data, we will provide you with the requested information, after verifying the identity of the applicant or legal representative, usually electronically, with physical access for 15 days, if possible, or by providing simple copies of our documents.

If you believe that MEXFON has violated your rights, you may file a complaint with the National Institute for Transparency, Access to Information and Personal Data Protection (INAI). For more information, we suggest visiting their official website (www.inai.org.mx).

To contact our Data Protection Officer, please send an email to: arangel@adsmobileservices.com, call 5541726786, or visit us in person at Avenida Insurgentes Sur 1847, Suite 4, Colonia Guadalupe Inn, Delegación Alvaro Obregón, CP 01020, Mexico City.

SECURITY MEASURES

We employ various physical, electronic, and organizational security measures to protect the confidentiality of your personal data and prevent unauthorized access and/or loss. However, we cannot guarantee that our measures are sufficient or perfect to protect your personal data from every possible act; therefore, you should always exercise caution and responsibility regarding your personal data.

All financial transactions carried out through our site, including those in which personal data is obtained, as well as the transmission channels of these transactions, use SSL (Secure Socket Layer) security locks as a security measure to protect your data.

ACCEPTANCE OF PRIVACY NOTICE

This Privacy Notice is subject to MEXFON's Terms and Conditions, which constitute a legal agreement between the user and MEXFON. By using our services, the user acknowledges having read, understood, and agreed to the aforementioned terms.

CHANGES TO THE PRIVACY NOTICE

MEXFON reserves the right to modify or update this Privacy Notice at any time. These modifications will be published on the Website or via email notification. Please stay informed of any changes. If you do not notify us of your objection within 30 days of the date the changes are published, we will assume that you agree to our continued use of your personal data.

Last modification date of this Privacy Notice: April 1, 2020.