Toshiba America Business Solutions, Inc. (the “Company”) with domicile located at 25530 Commercentre Drive, Lake Forest, CA 92630, U.S.A., is responsible for the use and protection of your personal data and respects the privacy of all of its employees, consultants, independent contractors, suppliers, service providers, clients, purchasers, agents, representatives, and is committed to transparency in how and what information it collects about these individuals and how it uses such information. This “Privacy Notice” is provided in compliance with the Mexican Federal Law of Personal Data Protection in Possession of Private Parties (Ley Federal de Protección de Datos Personales en Posesión de Particulares), its regulations and guidelines (jointly as “Data Privacy Law”).
Personal Information Treatment The Company will collect personal data in Mexican territory or abroad from individuals located in Mexico when providing its data, including but not limited, from its employees, consultants, independent contractors, service providers, clients, purchasers, agents, and representatives for the purposes mentioned in this Privacy Notice. Personal data treatment will be carried out at all times under the principles of legality, quality, consent, information, purpose, loyalty, proportionality and accountability and at all times observing the provisions of the Data Privacy Law.
All collected information is treated within the scope of the legal, labor, business, or commercial relationship that the owners have with the Company or with its affiliates.
Collected Personal Information For purposes of this Privacy Notice, “Personal Information” means any data or information concerning an identified or identifiable natural person that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with employees, consultants, independent contractors, service providers, clients, purchasers, agents, and representatives, as well as employees or agents of its suppliers or independent agents.
Therefore, the Company may collect, store, process and use in Mexican territory or abroad the following types of Personal Information to comply with this Privacy Notice:
Identifiers: Information pertaining to an individual that may differentiate such person from a collective group, such as name, marital status, signature, tax information, taxpayers’ identification number, tax identification documents like cedula de identificación fiscal or constancia de situación fiscal, Sole Population Registration Number (Clave Única de Registro de Población or CURP), social security number, place and date of birth, nationality, birth date, official identification copies and data included therein (i.e. passport, INE elector credential, driver’s license), amongst other;
Contact Information: Information that allows contacting the individual, such as address, e-mail, land line, mobile phone, e-mail, amongst others;
Financial Information: Information pertaining a person’s bank accounts, credit cards, personal identification numbers, amongst others; and
Information obtained from Searches: information obtained from searches in government agencies or lists or engines consolidating such information, that may be public or not, including among others, referring among others to blacklists, tax compliance, anti-money laundering or anti-terrorism, litigations or government procedures
Company may collect data that deemed sensitive, and which requires additional protection, only to the extent you choose to provide for the purposes of business or commercial relationship with you and the Company. Sensitive personal data are understood as information that affects the most intimate personal privacy of the owner (i.e. banking information, racial or ethnic origin, religious, philosophical and spiritual affiliation, political opinions, sexual preference, etc.)
Purposes of the Collection of Personal Information We collect, treat and/or use Personal Information for the following purposes:
Process orders and deliver products and services;
Manage our communications with you; and
Verify your identity or authenticate transactions
Limitation on the Use of Personal Information Company carries out the safeguarding of personal data in databases under security measures and limited access to them, especially implemented to prevent any unauthorized use, destruction or unauthorized processing of personal data provided.
Transfer of Personal Information
The Company may share your Personal Information from time to time within Mexican territory and abroad with the following third parties and for the purposes described therein:
Recipient of Personal Information
TOPACD Solutions de Mexico, S. de R.L. de C.V.
Deliver products and services.
Toshiba America Business Solutions, Inc.
Diagnose & resolve technical issues.
Toshiba Tec Corporation
Diagnose & resolve technical issues.
By receiving this privacy notice, you agree that your personal data may be transferred under the terms set forth in this Privacy Notice that is not sensitive or financial. The transfer of sensitive or financial personal data may require you express consent.
In the event that personal data is transferred to companies within the same corporate group of the Company in Mexico, in the United States of America or abroad, pursuant to the Data Privacy Law, any transfer of data to holding companies, subsidiaries or affiliates under the same corporate common control, to a parent company or to any company of the same group operating under the same internal policies and processes, will not require the Company to obtain again the consent of the personal data owners to carry out such transfer of information.
Company refrains at all times from selling, assigning or transferring the personal data provided to any different third party.
Please note that you may deny the transfer of Personal Information for a purpose different to those mentioned in this Privacy Notice. If you do not expressly opt-out of such transfers, your consent for such transfers shall be deemed granted.
You have the following rights in connection with your Personal Information; such rights are known as “ARCO Rights”, because its acronym in Spanish:
Know which Personal Information of yours we have on our files, the use we have for such information and the conditions of the use we give them (Access);
Request any amendment or correction of your Personal Information in case same is outdated, is inaccurate or incomplete (Rectification);
Request the deletion of your Personal Information from our records or data bases when you consider that same is not being used in accordance with the principles, duties and obligations provided under the applicable law (Cancelation); and
d.Oppose to the use of your Personal Information for specific purpose (Opposition).
You may revoke the consent granted to us for the use of your Personal Information; however, please bear in mind that as a consequence of a legal obligation on our part, we may be precluded from accommodating your request or end the immediate use of your personal information. Likewise, please note that for certain purpose, revoking your consent may cause the termination of our relationship.
If you believe that your right to protection of Personal Information has been violated by any conduct of our employees or our actions or responses, you may file a complaint before the National Institute of Access to Information (Instituto Nacional de Acceso a la Información or “INAI”), for more information visit www.inai.org.mx
VII.Changes to Privacy Notice
This Privacy Notice may be modified from time to time, therefore the Company will publish any update and/or modification thereto in the following website: http://business.toshiba.com/company/privacy/
Likewise, the Company may send notifications in this regard by e-mail, in order to inform publicly of any changes related to this Privacy Notice.
Acceptance of the Privacy Notice By means of receiving this Privacy Notice, or through the acceptance below, you agree that you have received, read and you are aware of this Privacy Notice, and consent to the terms herein.
I have read and agree with Company’s Privacy Notice and Privacy Statement and acknowledge receipt of this Privacy Notice.
By accepting this Privacy Notice, you agree that certain Personal Information you provide may include banking information for payment and billing purposes. Likewise, you agree that your Personal Information, which does not include financial or banking information, may be transferred from time to time, in accordance with the provisions of this Privacy Notice.
I have read this Privacy Notice and the Company’s Privacy Statement and I do not give my consent for any treatment, purposes and/or transfer of my Personal Information as stated in this Privacy Notice.
Please note that for certain purposes, revoking your consent to the terms set forth in this Privacy Notice may cause the termination of our business and commercial relationship.