Publication Date: April 15, 2024 • Last Update Date: April 15, 2024
WELCOME TO POPULAR POWER! PLEASE READ CAREFULLY THIS COMPREHENSIVE PRIVACY NOTICE (the "Notice") WHICH WE PROVIDE FOR YOUR CONSIDERATION IN COMPLIANCE WITH: (A) ARTICLE 16, SECOND PARAGRAPH OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES (the "CPEUM"); THE FEDERAL LAW ON THE PROTECTION OF PERSONAL DATA HELD BY PRIVATE PARTIES (the "Law"); (B) THE REGULATIONS OF THE FEDERAL LAW ON THE PROTECTION OF PERSONAL DATA HELD BY PRIVATE PARTIES (the "Regulations"); (C) THE PRIVACY NOTICE GUIDELINES (the "Privacy Notice Guidelines" and together with the CPEUM, the Law, and the Regulations, the "Current Legislation").
By providing us with your Personal Data, you are expressing your explicit consent to the Processing of your Personal Data as stipulated herein, except in cases where explicit written consent is required in accordance with Current Legislation. As Responsible Parties for your Personal Data, we will ensure that it is relevant, correct, and kept up to date. When your Personal Data is no longer necessary for the fulfillment of the purposes set out in this Notice, as well as applicable legal provisions, we will proceed with its cancellation.
In the event that you provide us with personal data of third parties, you expressly declare that you have the corresponding authorization to share such information in accordance with Current Legislation and commit to sending documentation that evidences such authorization to POPULAR POWER at the time it is required.
At any time, you may revoke your consent to this Notice as provided in the section called "MECHANISM AND PROCEDURE FOR THE REVOCATION OF CONSENT".
At POPULAR POWER, we have appropriate technical, administrative, and organizational security measures to ensure a level of security that allows the protection of your Personal Data against any: destruction, loss, accidental or unlawful alteration, and communication or unauthorized access, such as: (i) pseudonymization and encryption of personal data, (ii) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services, (iii) the ability to restore the availability and access to Personal Data promptly in the event of a physical or technical incident, (iv) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures to ensure the security of the processing. However, in the event that we have any breach of our security, we will notify you immediately upon becoming aware of such breach, when it significantly affects your financial or moral rights, so that you may take appropriate actions in defense of your rights.
Personal data is information concerning an identified or identifiable natural person (the “Data Subject”), such as the name, identification number, location data, an online identifier, one or more elements of the physical, physiological, genetic, mental, economic, cultural, or social identity of the Data Subject (“Personal Data”).
At POPULAR POWER, S.A.P.I. de C.V. (“POPULAR POWER”), designating as the address to hear and receive notifications the one located at Brecha California No. 2048, Municipality of La Paz, Postal Code 23090, Baja California Sur, Mexico, we know how important the protection of the Personal Data that you share with us is to you. The purpose of this Notice is to inform you of any operation or set of operations, whether automated or not, such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination, or any other form of enabling access, alignment or combination, restriction, erasure or destruction (“Processing”) of your Personal Data.
We are committed to Processing your Personal Data only in accordance with the provisions of this Notice and exclusively for the purposes authorized as set out herein. Please note that at all times, you are the sole Data Subject of the Personal Data you provide; by sharing them with POPULAR POWER, we will act as the “Responsible Parties” for the Processing.
This Notice applies to any site owned by POPULAR POWER, web or mobile applications, and digital tools, regardless of the way and place of access (the “Platform”).
a. Primary. At POPULAR POWER we collect your Personal Data for the following purposes:
i. to identify and manage the registration of your profile (the “Profile”);
ii. to attend to the requests, questions from our “Users”;
iii. to comply with the legal relationship entered into with the Data Subjects using our terms and conditions (the “Terms and Conditions”) and this Notice;
iv. processing, updating, modification, cancellation and/or confirmation of services, and/or products that allow solar operators (“Solar Operators”) to view data of their assets, workforce, and their clients (the “End Users”) in one place; and information related to them sent by POPULAR POWER to the Data Subjects through the Platform, phone calls, and/or email; and,
v. to comply with the obligations contracted by the Data Subject with POPULAR POWER under the Services; (vi) to respond to requests for the exercise of cancellation of consent of Personal Data or ARCO Rights (as defined in the ARCO RIGHTS EXERCISE MEANS Section of the Notice) of the Data Subjects.
b. Secondary. Furthermore, the Personal Data collected may be used for the following purposes that are not necessary for the Services, but which help us provide better service to the Data Subjects:
i. quality assessment of the Services;
ii. (receipt of news, offers, promotions, and information from POPULAR POWER
iii. sending of newsletters; as well as (iv) sending information for marketing, advertising, and commercial prospecting purposes of POPULAR POWER.
If you do not wish your Personal Data to be processed according to the Secondary Purposes, you may now submit a written statement indicating your refusal or your desire to limit the Processing of your Personal Data, following the same procedure indicated in the Section called “MEANS FOR THE EXERCISE OF ARCO RIGHTS” of this Notice. Such refusal or limitation cannot be a reason for us to deny you the Services.
At POPULAR POWER, we collect your Personal Data only to the extent that you provide it to us and in accordance with the Purposes set out in this Notice.
CATEGORY OF PERSONAL DATA
TYPE OF DATA SUBJECT
SOLAR OPERATOR USERS
Identification Data - Full name / Business Name (only in the case of individuals)
- Federal Taxpayers Registry (RFC) (only in the case of individuals)
- Full name of the legal representative
- Tax regime (only in the case of individuals)
Contact Data - Email (only in the case of individuals or the legal representative in the case of legal entities)
- Tax domicile (only in the case of individuals)
Academic Data N/A
Employment Data - Position of the legal representative
Data on Physical Characteristics N/A
Property or Financial Data* N/A
Biometric Data N/A
CATEGORY OF PERSONAL DATA
TYPE OF DATA SUBJECT
END USER PERSONS
Identification Data - Full name
Contact Data - Geolocation data
- Telephone
- Sociodemographic data
Academic Data N/A
Employment Data N/A
Data on Physical Characteristics N/A
Property or Financial Data* N/A
Biometric Data N/A
For the collection of Personal Data indicated with an asterisk (*) we require your express and written consent. Please check the box at the end of the Notice to express your agreement.
Sensitive personal data refers to data that affects the most intimate sphere of the Data Subject, or whose misuse could lead to discrimination or entails a great risk for them. In particular, data that can reveal aspects such as racial or ethnic origin, current and future health status, genetic information, religious, philosophical, and moral beliefs, union membership, political opinions, or sexual preference are considered sensitive ("Sensitive Personal Data").
At POPULAR POWER, we do not use Sensitive Personal Data. If for some reason you were to provide us with any of these data, they will be used exclusively to the extent that you have authorized it and for the minimum time necessary.
We commit not to transfer your Personal Data to third parties without your prior consent, except for the exceptions provided in Article 37 of the Federal Law on the Protection of Personal Data Held by Private Parties: (i) when the transfer is stipulated in a Law or Treaty to which Mexico is party; (ii) when the transfer is necessary for the prevention or medical diagnosis, the provision of health care, medical treatment or the management of health services; (iii) when the transfer is made to parent companies, subsidiaries or affiliates under the common control of the Responsible Party, or to a parent company or any company of the same group of the Responsible Party that operates under the same processes and internal policies; (iv) when the transfer is necessary due to a contract concluded or to be concluded in the interest of the Data Subject, by the Responsible Party and a Third Party; (v) when the transfer is necessary or legally required for the protection of a public interest, or for the procurement or administration of justice; (vi) when the transfer is necessary for the recognition, exercise, or defense of a right in a judicial process, and (vii) when the transfer is necessary for the maintenance or fulfillment of a legal relationship between the Responsible Party and the Data Subject.
Notwithstanding the foregoing, at POPULAR POWER we do not transfer your Personal Data to third parties.
We ask you to carefully read the legends following the tables in the sections: WHAT PERSONAL DATA DO WE PROCESS?; SENSITIVE PERSONAL DATA TO BE PROCESSED; and TRANSFERS OF PERSONAL DATA TO BE CARRIED OUT. This is because they indicate the cases in which your express consent is required and the cases in which your express written consent is required.
For clarity, you are giving your express consent by providing us with your Personal Data and you are giving your express written consent when you accept in the acceptance box located at the end of this Notice. This express written consent applies to the sections WHAT PERSONAL DATA DO WE PROCESS?; SENSITIVE PERSONAL DATA TO BE PROCESSED; and TRANSFERS OF PERSONAL DATA TO BE CARRIED OUT of this Notice.
You have the right at any time to know what Personal Data we hold about you, what we use it for, and the conditions of the use we give to it (“Access”). It is also your right to request the correction of your Personal Data if it is outdated, inaccurate, or incomplete (“Rectification”); that we delete your Personal Data from our records or databases when you consider that it is not being used in accordance with the principles, duties, and obligations provided in the Current Legislation (“Cancellation”); as well as to oppose the use of your Personal Data for specific purposes (“Opposition” and together with Access, Rectification, and Cancellation, the “ARCO Rights”).
At any time, you can access, rectify, cancel or oppose the use of your Personal Data by sending your request to the following email address privacy@popularpower.io, which corresponds to the department in charge of Personal Data within POPULAR POWER (the “In Charge”). Such request must contain the following: (i) the name of the Data Subject and address or another means to communicate the response to your request; (ii) documents proving your identity or the legal representation of the Data Subject; (iii) a clear and precise description of the Personal Data on which you wish to exercise the ARCO Rights; (iv) any other element or document that facilitates the location of the Personal Data, and (v) in the case of rectification, the documentation supporting your petition.
We will inform you of the decision made within a maximum period of 20 (twenty) business days from the date we receive the request, so that if applicable, we can make it effective within a period of 15 (fifteen) business days from the communication of such response. When circumstances justify it, the aforementioned terms may be extended for equal periods.
At any time, you can express your refusal of this Notice, by notifying the email address privacy@popularpower.io, of the In Charge, sending a written statement indicating that you wish to revoke your consent, following the same procedure indicated in the section called “MEANS FOR THE EXERCISE OF ARCO RIGHTS” of this Notice.
At any time, you can limit the Processing of your Personal Data or its disclosure, as well as request that we transfer it to third parties (“Portability”), following the same procedure in the “MEANS FOR THE EXERCISE OF ARCO RIGHTS” section above and indicating in detail in writing your desire to limit the Processing or disclosure or to transfer such Personal Data.
When the limitation prevents the provision of the Services, the Processing will continue as you have authorized until the end of the Service.
In addition to the Personal Data mentioned in this Notice, cookies are stored on your computer when you visit and use our Platform.
Cookies are small text files that are stored on your device's browser to store certain information. When you revisit our website from the same device, the information stored in the cookies will be transmitted back to our website ("Our Cookies") or to another website to which the cookie belongs ("Third-party Cookies").
Through the information saved and sent by the corresponding website, we recognize that you have accessed and visited the site with the browser you use on that device. We use this information to be able to design and display the website optimally according to your preferences. In this sense, only the cookie is identified on your device. Other than this, your Personal Data will only be stored with your express consent or when it is strictly necessary in order to use the service you are accessing.
Below we list the different types of cookies, whose scope and functionality we will explain later:
a. Strictly necessary cookies (type A)
b. Functionality and performance cookies (type B)
c. Cookies for marketing purposes, advertising, and/or commercial prospecting (e.g., marketing cookies) (type C)
Also, in this Notice, you can find more information about the types of configured cookies and those used in the tools implemented on our website.
a. Strictly necessary cookies (type A)
Strictly necessary cookies ensure functions without which you could not use our website as intended. We will be the only ones to use these cookies, so these are our own cookies. This means that all information stored in the cookies will be sent back to our website.
Strictly necessary cookies are used, for example, to ensure that when you log in as a registered user, your session remains active when accessing different subpages of our website, meaning you do not have to re-enter your login details every time you access a new page.
The use of strictly necessary cookies on our website is possible without your consent. Therefore, strictly necessary cookies cannot be individually activated or deactivated, although you can deactivate cookies in your browser at any time (see how to deactivate them below).
b. Functionality and performance cookies (type B)
Functionality cookies allow our website to store information already provided (such as registered user or language selection) to offer you extended and more personalized features based on this information. These cookies collect and store only anonymous information, so they cannot track your movements on other websites.
Performance cookies collect information about how our website is used to improve its appeal, content, and functionality.
These cookies help us, for example, to determine whether and which subpages of our website are visited, and what content users are particularly interested in. We specifically record the number of visits to a page, the number of subpages accessed, the time spent on our website, the order in which the pages are visited, what search terms led you to us, the country, region, and, if applicable, the city from which access is made, as well as the proportion of mobile devices accessing our websites. We also capture computer mouse movements, clicks, and scrolling to understand which areas of our website are of particular interest to users.
Thanks to this, we can tailor the contents of our website more specifically to the needs of our users and optimize our offer. The IP address of your computer transmitted for technical reasons is automatically anonymized and does not allow us to draw any conclusions about the individual user.
To review and update your consent and definitive settings in the cookie storage and use system whenever you wish, continue reading this Notice.
c. Cookies for marketing purposes, advertising, and/or commercial prospecting (type C).
Cookies that are not strictly necessary (type A) nor functionality or performance (type B), e.g., marketing cookies.
We also reserve the right to use information that we have obtained through cookies from an anonymous analysis of the usage behavior of visitors to our website to display specific advertising for some of our products on our websites. We believe this benefits you as a user because we display advertising or content that we believe matches your interests based on your browsing behavior, so you see less random advertising or certain content that may be less interesting to you.
Type C cookies, which come from external advertising companies (third-party cookies), are used to collect information about the websites the user visits in order to generate advertising relevant to their interests or those of other similar users.
Management and deletion of all cookies
You can configure your browser so that the storage of cookies on your device is generally prevented and/or that you are asked each time if you agree with the enabling of cookies. You can also delete at any time the cookies that have been re-enabled. You can find out in detail how this process works by referring to the help function of your browser.
You should be aware that the general deactivation of cookies can cause functional restrictions on our Website. However, you can block or disable them by activating the settings of your browser that allow you to reject the installation of all or some of them.
Most browsers allow you to be alerted to the presence of cookies or to automatically reject them. If you reject them, you can still use our Website, although the use of some of your services may be limited and therefore your experience on our Website less satisfactory.
If you wish to withdraw your consent related to this Notice at any time, you must delete the cookies stored on your equipment (computer or mobile device) through the settings and configurations of your Internet browser.
For more information on the deletion, disabling, or blocking of cookies, please visit: http://www.allaboutcookies.org/es/administrar-las-cookies/
Unless you have adjusted your browser settings, our system will create cookies as soon as you visit our Website. Keep in mind that all Internet browsers allow the change of such settings. For more information on how to adjust your cookie settings in the following browsers, we refer you to the relevant link:
Microsoft Edge:
https://support.microsoft.com/es-es/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy
Firefox:
https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-sitios-web-rastrear-preferencias?redirectlocale=es&redirectslug=habilitar-y-deshabilitar-cookies-que-los-sitios-we
Chrome:
https://support.google.com/chrome/answer/95647?hl=es.
Safari:
www.apple.com/es/privacy/use-of-cookies/
You can also manage cookie storage from other tools such as:
Ghostery:
www.ghostery.com.
Your Online Choices:
www.youronlinechoices.com/es.
Web Page Analysis
Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses a specific type of cookie that is stored on your computer and enables the analysis of your use of our website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA, where it is stored.
We want to point out that Google Analytics has been integrated into this website to include the code "gat._anonymizeIp();" to ensure that the recording of IP addresses is done anonymously (so-called IP masking). Due to the IP anonymization on this website, Google shortens your IP address within the territory of the European Union and the European Economic Area member states. The complete IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. Google has committed to respecting the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework).
Google uses this information on our behalf to analyze your use of this website, to compile reports on website activity, and to provide other services related to website and Internet use. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.
You can prevent the storage of cookies by setting your browser software accordingly. In addition, you can prevent Google from recording the data generated by the cookie related to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.
We constantly strive to improve our services, so we reserve the right to change this Privacy Notice occasionally. We will alert you to any changes by posting a notice on the POPULAR POWER Platform. To continue using our services, you must accept each update to our Notice.
At POPULAR POWER, we do not collect Personal Data from individuals under the age of 18. If you are a minor and for some reason provide us with this information, upon realization through our verification process, we will proceed with the immediate cancellation of your personal data.
If you believe that we may have Personal Data from a minor in our records, please contact us via email at the following address: privacy@popularpower.io
We strongly recommend that minors under the age of 18 ask for permission from their parents before sending any information about themselves over the Internet, and we encourage parents to teach their children safe Internet usage practices.
If you believe that your right to the protection of your Personal Data has been infringed upon by any conduct or omission on our part, or you suspect a violation of the provisions set forth in the Current Legislation, you may file your grievance or complaint with the National Institute for Transparency, Access to Information and Data Protection (INAI). For more information, we suggest visiting their official website: www.inai.org.mx.
I give my consent for my Personal Data to be processed in accordance with the provisions of this Privacy Notice.
