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PRIVACY POLICY

Pursuant to the “Federal Law on the Protection of Personal Data Held by Private Parties” (the “Law”) and its applicable regulations, this Privacy Policy is made available to our clients, suppliers, employees, and the general public under the following terms and conditions:

DATA CONTROLLER

NUWA SOLUCIONES SOSTENIBLES, S.A. DE C.V. (hereinafter, the “Controller”), with its address in JOSE VASCONCELOS 345 PISO 22, SANTA ENGRACIA, SAN PEDRO GARZA GARCIA, NUEVO LEON, MEXICO 66267, in accordance with the Law, hereby informs you of the manner in which the personal information provided by users (hereinafter, the “Data Subjects”) will be processed.

For purposes of this Privacy Policy, “Personal Data” means any personal information collected, used, stored and/or transferred by the Controller through printed materials, telephone communications, electronic means, the Controller’s website (www.nuwasoluciones.com) (the “Website”), optical media, any other technology, or through any other unequivocal means, in accordance with the Law.

CONSENT

The processing of Personal Data shall be subject to the Data Subject’s consent, except in those circumstances in which the Law permits Personal Data to be processed without such consent.

Consent may be provided either expressly or implicitly, as permitted under the Law. Express consent shall be deemed to have been provided when the Data Subject communicates his or her consent verbally, in writing, through electronic or optical means, through unequivocal conduct, or by means of any other technology. Implied consent shall be deemed to have been provided when this Privacy Policy has been made available to the Data Subject and the Data Subject does not express his or her objection to the processing of Personal Data.

With respect to Sensitive Personal Data, the Controller shall obtain the Data Subject’s express written consent prior to processing such information, whether through a handwritten signature, electronic signature or any other applicable authentication mechanism, except where otherwise permitted by the Law.

Consent shall not be required for the processing of Personal Data when:

  1. Such processing is expressly permitted or required by Law.
  2. The Personal Data is publicly available.
  3. The Personal Data has undergone a prior de-identification process.
  4. Processing is necessary to comply with obligations arising from a legal relationship between the Data Subject and the Controller.
  5. An emergency exists that could potentially cause harm to an individual or his or her property.
  6. Processing is necessary for medical care, prevention, diagnosis, healthcare services, medical treatment or the management of healthcare services when the Data Subject is unable to provide consent, in accordance with the General Health Law and other applicable legal provisions, provided that such Personal Data is processed by an individual subject to professional confidentiality obligations or an equivalent duty of confidentiality.
  7. A competent authority has issued a resolution requiring or authorizing such processing.

PERSONAL DATA SUBJECT TO PROCESSING

The Personal Data processed by the Controller and collected through the Website, directly from the Data Subject or through other means may include the following:

The Personal Data provided by you as a Data Subject will be used solely in connection with the activities and business operations carried out by the Controller.

PURPOSES OF PROCESSING

The Controller may process the Data Subject’s Personal Data, including any Sensitive Personal Data that may be collected, for the following purposes, unless the Data Subject objects to such processing through the mechanisms described in this Privacy Policy:

  1. To communicate with you and respond to your questions, inquiries and/or comments.
  2. To provide advice through the appropriate department or personnel.
  3. To provide consulting services in the field of sustainable development.
  4. To design, develop, implement, measure, monitor and evaluate sustainability strategies, climate change initiatives, social management plans, energy efficiency programs and circular economy strategies.
  5. To conduct legal compliance audits relating to environmental matters, occupational health and safety, and energy.
  6. To analyze, design, develop, implement, measure, monitor and evaluate carbon footprints, water footprints, water management strategies and water management plans.
  7. To perform and develop Life Cycle Assessments.

REFUSAL OF PROCESSING FOR PURPOSES THAT ARE NOT NECESSARY FOR, OR RELATED TO, THE LEGAL RELATIONSHIP WITH THE CONTROLLER

The Controller does not collect Personal Data for purposes that are unrelated or unnecessary to establish, maintain or perform the legal relationship with the Data Subject.

Accordingly, no separate opt-out or refusal mechanism is required with respect to secondary or non-essential purposes.

TRANSFERS OF PERSONAL DATA

The Controller may, without obtaining additional consent from the Data Subject, disclose, share and/or transfer Personal Data provided by Data Subjects within or outside the United Mexican States (“Mexico”) to its affiliates, subsidiaries and/or related companies, or when necessary to comply with applicable legal requirements or requests from competent authorities, including in the following circumstances:

  1. When the transfer is authorized or required under Mexican law or under an international treaty to which Mexico is a party.
  2. When the transfer is necessary for medical prevention or diagnosis, the provision of healthcare services, medical treatment or the management of healthcare services.
  3. When the transfer is made to a parent company, subsidiary, affiliate or other entity under common control with the Controller, or to another entity within the Controller’s corporate group that operates under substantially the same internal processes and policies.
  4. When the transfer is necessary pursuant to an agreement entered into, or to be entered into, between the Controller and a third party for the benefit of the Data Subject.
  5. When the transfer is necessary or legally required to protect a public interest or for purposes relating to the administration or enforcement of justice.
  6. When the transfer is necessary for the recognition, exercise or defense of a legal right in judicial proceedings.
  7. When the transfer is necessary to maintain or perform a legal relationship between the Controller and the Data Subject.

The Controller may also disclose, share and/or transfer Personal Data within or outside Mexico to suppliers, sponsors, advertisers, contractors and/or business partners for commercial purposes.

Any third party receiving Personal Data relating to Data Subjects shall be required to comply with the provisions of this Privacy Policy, the Website’s Terms and Conditions, and applicable Mexican law.

PROCEDURES FOR EXERCISING RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OBJECTION (ARCO RIGHTS)

At any time, the Data Subject or his or her legal representative may request that the use or disclosure of Personal Data be restricted, or may deny or withdraw authorization for its processing, by exercising the rights of Access, Rectification, Cancellation and Objection (“ARCO Rights”) provided under the Law.

ARCO Rights may be exercised through the following procedures:

1. Submission of request

The Data Subject may submit a request by email to:

contacto@nuwasoluciones.com

The request may also be addressed to the Personal Data Department or submitted directly at the Controller’s business address.

2. Information required

Any request submitted by email or delivered personally to the Controller must contain at least the following information:

For a Rectification request, in addition to the information identified above, the Data Subject must specify the requested changes and provide supporting documentation.

For an Access request, the Controller’s obligation shall be deemed satisfied when the relevant Personal Data is made available to the Data Subject or provided through hard copies, electronic documents or any other means established by the Controller in this Privacy Policy.

PROCEDURE FOR WITHDRAWING CONSENT TO THE PROCESSING OF PERSONAL DATA

Where the processing involves Sensitive Personal Data, the Controller shall obtain the Data Subject’s express written consent through a handwritten signature, electronic signature or any other authentication mechanism established for such purpose.

As a Data Subject, you may withdraw your consent at any time. Such withdrawal shall not have retroactive effect.

Requests to withdraw consent may be submitted through the electronic means and procedures established by the Controller in this Privacy Policy, including by email at:

contacto@nuwasoluciones.com

The Controller shall process such request in accordance with applicable legal requirements and shall determine the effects of the withdrawal with respect to processing activities that are subject to the Data Subject’s consent.

OPTIONS AND MEANS TO RESTRICT THE USE OR DISCLOSURE OF PERSONAL DATA

If you wish to restrict the use or disclosure of your Personal Data, you may submit a request to our Personal Data Department by email at:

contacto@nuwasoluciones.com

Alternatively, you may submit a written request directly at the Controller’s business address.

To the extent possible, the request should identify the Personal Data to which the requested restriction applies and specify the particular use or disclosure that the Data Subject wishes to restrict.

USE OF REMOTE OR LOCAL ELECTRONIC COMMUNICATION TECHNOLOGIES

COOKIES AND WEB BEACONS

The Website does not currently collect Personal Data through cookies and/or web beacons.

Cookies are data files stored on a user’s computer hard drive or electronic communications device when the user accesses or browses a particular website. Cookies allow information to be exchanged between the website and the user’s browser.

Such information may include session identifiers, authentication information, user preferences or other information stored by the browser in connection with the relevant website.

Web beacons are visible or invisible images embedded in a website or email that may be used to monitor user activity.

Web beacons may collect information such as the originating IP address, browser type, operating system, date and time a webpage was accessed and, in the case of emails, may associate such information with the recipient of the relevant email.

CHANGES TO THIS PRIVACY POLICY

The Controller may amend, update or otherwise modify this Privacy Policy whenever necessary.

Any amendment or update to this Privacy Policy will be communicated by NUWA SOLUCIONES SOSTENIBLES, S.A. DE C.V. through its website: www.nuwasoluciones.com

Information regarding amendments or updates may also be requested by email at:

contacto@nuwasoluciones.com

Data Subjects are encouraged to review this Privacy Policy at least once every six months in order to remain informed of its current terms and conditions.

This Privacy Policy is also available directly through our customer service channels.

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