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NOTICE OF CONFIDENTIALITY FOR CUSTOMERS AND / OR SUPPLIERS

PERSONAL DATA PROTECTION. -

 

ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; informs you that the personal data that you receive from [Name of the provider] as a provider of services or products, will be treated in accordance with the Comprehensive Privacy Notice ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; made available to the owner prior to data collection; likewise the reception of data; It is carried out with the understanding that you previously obtained the consent of the owners thereof.

The client and / or supplier declares that:

1. That it recognizes and undertakes that all activities carried out in compliance with the obligations assumed in the purchase order or provision of products or services comply with all the laws and regulations established in the corresponding legal order.

 

2. That you have read the requirements established by ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV, including policy, protocols of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; Stating that you understand their content, therefore, you are aware of their scope and agree to be bound by the documents and not disclose them.

CONFIDENTIALITY

 

The client or supplier undertakes to keep all CONFIDENTIAL INFORMATION owned by ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV strictly confidential.

 

"CONFIDENTIAL INFORMATION" It will include all the information transmitted in digital, physical, oral, written, documentary or image form that has or may have commercial value or any other utility for ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV or any of its subsidiaries that could have in the future. Likewise, all the information whose unauthorized release may be detrimental to the interests of (NAME, NAME OR COMPANY NAME) is included.  or its affiliated companies that it may have in the future. By way of example, but not limited to, you may include:  customer lists or data, customer and supplier identities and characteristics, agreements, market knowledge and sales information, pricing information, market plans and business plans, strategies, forward-looking estimates, financial information not considered public, financial budgets , software, research papers, projections, procedures, routines, business information, quality control procedures, commercial or marketing processes, innovations, improvements, data, know-how, and any other information that the client or supplier receives from ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV;  generated derived from the access you have to it, or developed by instructions of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

 

The obligation of confidentiality will apply to the CONFIDENTIAL INFORMATION disclosed prior to the date of signing of this document, during the term and for a period of 10 (ten) years from the date of termination of the client and / or supplier relationship with ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

 

The client undertakes to use the CONFIDENTIAL INFORMATION only for the purposes expressly authorized by ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

 

It will not be considered as CONFIDENTIAL INFORMATION, that information that is or derives from the public domain or that according to the applicable laws is considered as such.

 

The Client and / or supplier undertakes to:

 

  • Not to disclose to third parties in whole or in part the CONFIDENTIAL INFORMATION of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

  • Do not copy, photocopy or by any other means reproduce the CONFIDENTIAL INFORMATION of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV, unless you have written authorization or it is necessary for the fulfillment of the object of this contract or privacy notice.

  • Do not use all or part of the information received for purposes other than those of the present object.

  • Act diligently regarding the treatment, conservation, storage and, where appropriate, transport or delivery of the CONFIDENTIAL INFORMATION of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV, in order to avoid its loss or access to unauthorized third parties.

  • Adopt measures (administrative, technical and physical) that ensure and guarantee the safeguarding and confidentiality of the CONFIDENTIAL INFORMATION of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

 

Likewise, the client and / or supplier will defend, at their own cost, any action brought against ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; insofar as it is a claim based on the infringement of any patent, copyright, trademark, disguised work, trade secret or other patrimonial right. In the event of such an infringement, the supplier client will pay the amounts that have been agreed in the arrangement or commitment or that have been definitively determined and that violate ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV in said action.

 

ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; is not responsible for the accuracy of the information contained herein from third parties. Likewise, it will not accept any claim or demand of any kind derived from possible violations of intellectual property rights that the client and / or supplier may incur due to the use of said information from third parties; the client and / or supplier being obliged to withdraw in peace and safe from any claim or demand that due to said circumstances may arise against ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

 

All the originals, copies, extracts or summaries of the information that is confidential and that are reflected in any medium, must at all times be and remain the exclusive property of the party that owns the information, and they must be returned or, where appropriate, destroyed at the time of termination of this Contract and / or termination of the provision of services or delivery of products at any time that the materials or means in which it is contained are required.

 

The client and / or supplier agrees that they will be liable for damages that may be caused or are caused by breach of this clause, regardless of the penalties to which they may be credited according to Mexican law.

 

The client and / or supplier is aware of the responsibilities and legal sanctions provided for in Articles 210 and 211 of the Federal Criminal Code and its correlates in the applicable States of the Mexican Republic, as well as those established in the Federal Copyright Law and the Law Federal Protection of Industrial Property, in relation to the provisions of this clause.

 

If the client and / or supplier provides information to any of its RESOURCES, representatives, partners, officials, attorneys, commissioners, subsidiaries, affiliates or any other that is linked to it, the client and / or supplier will be liable to ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV. for the breach made by the aforementioned persons to the obligation of confidentiality contained in this clause.

 

In the event that the Judicial Authority, in use of its powers, requires CONFIDENTIAL INFORMATION from the client and / or supplier, the latter may disclose only the requested information, without incurring in breach of this clause; case in which the client and / or supplier must immediately notify such situation to ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

PERSONAL INFORMATION

 

The Parties accept that they are subject to the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, its Regulations, guidelines and other provisions that emanate from it (hereinafter and as a whole "Legislation").

 

Due to the above and in terms of said Legislation:

 

  • The Parties acknowledge that in the event that the client and / or supplier to perform THE SERVICES mentioned in the clause object of this instrument, has access to one or more databases owned by ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; (hereinafter, "Database of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV .; as well as all those personal identification, sensitive or patrimonial data (hereinafter and in conjunction with the Database of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV . "Personal Data", and by virtue of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; is a Responsible established in Mexican territory, the treatment given to the Personal Data of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; will be subject to the provisions in the Legislation.

 

  • The client and / or supplier acknowledges that, to perform THE SERVICES, it will not be considered, for the present legal relationship, as a transfer of personal data, since such treatment is necessary to comply with THE SERVICES object of this contract and ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV, in its capacity as data controller, will act on behalf of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; the latter being the one who decides on the purpose and uses of the data processing.

  • ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; states that it has issued the corresponding privacy notices, necessary for full compliance with the obligations under its charge.

  • The client and / or supplier, derived from the provision of services and in terms of article 49, 50 and 51 of the Regulation of the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter "Regulation") and other applicable, You accept your capacity as Manager with respect to the Personal Data that you deal with on behalf of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; declaring that you are aware of the obligations under your charge, contained in the Legislation, in order to guarantee the privacy of personal data.

  • The client and / or supplier acknowledges that he has seen the Confidentiality Notice of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV that he knows and understands it.

 

    The client and / or supplier undertakes to:

 

Know and act in accordance with the Confidentiality Notice of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV;  as well as to consult its updates on the internet page  www.enomex-sa.com ;

  • Treat personal data only in accordance with the instructions of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV

  • Refrain from processing personal data for purposes other than those instructed by ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

  • Delete the personal data subject to treatment once this document has been terminated or rescinded or by instructions of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; as long as there is no legal provision that requires the preservation of personal data, which must be demonstrated to the satisfaction of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; by means of a notarial document accompanied by an information security expert where it is stated that the data was duly eliminated within the next 5 business days after the obligation is enforceable, derived from which the client and / or supplier accepts and agrees that ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; may carry out audits and request the information it deems necessary.

  • Do not transfer, share, or publish personal data; Except for written instruction from ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV or official request from the competent authority;

  • Establish and maintain the security measures (administrative, technical and physical) that the Legislation establishes, prior and during the processing of personal data, in order to protect the rights and information of each Holder (Holder: natural or legal person to whom the personal information);

  • Take as a reference those security measures specified in the "Guide to implement a Personal Data Security Management System" published by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI).

  • Treat all personal data with strict confidentiality, as well as celebrate and maintain confidentiality agreements with all people, own employees and third parties, who have access to the Database ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; This obligation of confidentiality will subsist indefinitely.

  • Comply with the instructions that each Holder makes regarding their personal data, or that is communicated by ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.    

The client or service provider accepts that he will be considered as Responsible and therefore obliged to comply with his own obligations, when:

 

  • Destine, use or treat personal data for a purpose other than that authorized by ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

  • Make a transfer, in breach of the instructions ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; or

  • Establish with the Owner a legal relationship independent of the one existing between ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV and the Owner.

 

In the event that the client and / or provider uses services, applications and / or infrastructure in the so-called cloud computing, the employee must fully comply with the provisions of the  Article 52 of the Regulations of the Federal Law on Protection of Personal Data Held by Private Parties, for which the employee must respond with the payment of damages for the consequences of non-compliance, up to the magnitude of the damage caused and without necessity. of judicial declaration.

 

In case of a violation such as; leak, theft, unauthorized publication or unauthorized access to Personal Data, whether it is a suspected Incident or a proven Incident and / or any other that endangers the integrity and / or protection of personal data, the employee must inform ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; such situation, as well as, the mitigation, administrative, legal and / or procedural actions that have been applied, immediately having had knowledge of the violation, within a period that will not exceed 72 hours after the knowledge of the violation. All notifications related to any Incident  Personal Data must be made through the ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV Area; via email  xxx@xxx.com.mx , and it will not be considered notified as long as they do not have the confirmation of receipt.

 

Any exchange of digital information via the Internet must be carried out using password-protected files, sending the corresponding password in an email other than the one containing said file.

 

The client and / or supplier is aware of the responsibilities and legal sanctions provided for in Articles 67, 68 and 69 of the Federal Law on Protection of Personal Data Held by Private Parties, in relation to what is stipulated in this clause, so it will be obligation of   client and / or supplier obtain and present to ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; On the day of signing this agreement, an insurance policy that covers any incident regarding the processing of Personal Data.

 

PROPERTY RIGHTS

 

All CONFIDENTIAL INFORMATION subject to this instrument is and will continue to be the property of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; Likewise, the signing of this document does not allow or entitle the client and / or supplier to use in any advertising medium, whether public or private, of trademarks and trade names, patents, copyright, labor rights. hidden, trade secret or any other intellectual or industrial property rights registered in favor of ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV and / or any of its affiliated companies that it may have in the future; Therefore, its use by any natural or legal person is expressly prohibited, unless expressly agreed in writing.

 

LEGAL RELATIONSHIP BETWEEN THE PROVIDER OF SERVICES OR PRODUCTS AND / OR CLIENT AND / OR SUPPLIER AND ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV.

 

The parties acknowledge and accept that the only legal relationships that exist between them are those derived from this contract or the one they enter into derived from a purchase order prior to a quote or request for a service or product, which is why the customer and / or supplier is considered solely responsible  Regarding THE RESOURCES that you use in the provision of THE SERVICES, expressly declaring and under protest of telling the truth that they are under your immediate direction, subordination and dependence, and that you have your own RESOURCES to fully comply with the obligations set forth derived from the relationship ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV / CLIENT AND / OR SUPPLIER, the latter being obliged to take out the relationship ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; of any claim that is tried against him and to reimburse due to the expenses he makes due to the authority resolutions that impose a burden on him for a quality or responsibility that was not attributed to him, as well as the legal expenses, payment of fees and conviction, if applicable, that relate to ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; disburse for the aforementioned concepts. Said reimbursement must be made by the client and / or supplier within thirty (30) calendar days in which ENOVACIONES MEXICANAS DE ALAMBRE SA DE CV; has made the payment, and if such reimbursement is not made; may offset said payment against the amounts that for any reason must pay the customer and / or supplier.

 

VALIDITY:

 

This document will be valid from October 7, 2021 to October 7, 2022, and may be extendable if the parties so agree in writing.

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