Effective date March 3, 2020
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY NOTICE.
PERFORMANCE HABITS S.A. DE C.V., (Habits Performance S.A. DE C.V. who developed the App HabitsDATA, Habits+ and Habits.AI with this logos. hereinafter “HABITS+”) values your privacy and is committed to protecting personal information (“Personal Data”) that is collected in the course of our commercial or service relationship with our users, clients, suppliers, service providers. and the general public (“Owners” or “Owner”). In this sense, HABITS+, in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter “Personal Data Law”), as well as its Regulations and Guidelines of the Privacy Notice, acting as responsible for the collection and processing of your Personal Data, informs you of this Privacy Notice (“Notice”), which can be consulted on the website https://habithackers.io/privacy-notice/
Accordingly, this Notice describes your rights regarding the collection, use, storage, processing, transfer and protection of your Personal Data by HABITS+. This Notice applies to the direct collection of Personal Data, including any website owned by HABITS+, including related sites, mobile applications, digital platforms and tools owned by HABITS+ (the sites, mobile applications, digital platforms and all tools will be collectively the “Services”), regardless of the form and place of access.
This Privacy Notice will be applicable in the United Mexican States and in the Rest of the World, to the extent applicable and does not contravene the provisions of the legislation of the State where the Owner resides.
Personal Data Management
HABITS+ is a digital media company that, through a virtual coach, social support and gamification, helps implement positive habits based on the science of behavior and happiness. Additionally, as a medium, HABITS+ produces written and audiovisual content, disseminated mainly through the Services. Any of this content (written or audiovisual) may be sponsored by a third party, subject to a commercial agreement.
Likewise, the company extends its activities to anthropometric measurement for those users who request it.
Responsible for the Personal Data Collected
The “Controller” of the Personal Data, in terms of the provisions of the Personal Data Law, is HABITS+, with address at Edgar Allan Poe No. 85B, Col. Polanco Chapultepec, Del. Miguel Hidalgo, C.D.M.X., C.P. 11560, federal taxpayer registration PHA160901810 and website http://www.habits.ai/
HABITS+ maintains necessary administrative, technical and physical security measures, including limited access to databases, use of passwords and restricted hardware or files, which ensure the privacy and protection of personal data against damage, loss, alteration, destruction or unauthorized use, access or processing thereof.
Personal Data Collected
HABITS+ will only have access to the information that the Owner voluntarily provides personally and directly; through email, mobile application or other direct remote digital contact with the Owner, including: use of the HABITS+ website; through phone calls, mobile applications, data messages, social networks, chatbots, as well as through third-party referrals, family contacts or other electronic means. Therefore, HABITS+ may only collect and store the following personal data of the Owner, in order to carry out the purposes described in this privacy notice:
- Identification data. HABITS+ may collect the following identification data from the Owners:
- Full name;
- Official Identification (passport, INE, driver’s license);
- Unique Population Registry Code “CURP”;
- Date and place of birth;
- Image Data: HABITS+ may collect images that users share on the Services.
- Contact information. HABITS+ may collect the following contact information:
- Landline or cell phone.
Likewise, the Owner may choose to provide HABITS+ with access to certain personal information stored by third parties, such as social networking sites, including but not limited to Facebook®, Twitter®, Google+®, LinkedIn®. The personal information that can be accessed varies depending on the website, it is controlled through the privacy settings of each website and through the consent of each Owner. In the event of associating information from any of the accounts managed by third parties, the Owner authorizes HABITS+ to have access to their information and to be able to collect, use, store said information from said websites, in accordance with this Notice.
The processing of the Personal Data Collected will be that which is necessary, appropriate and relevant for the fulfillment of the purposes mentioned in this Notice, as well as for the additional purposes described in this document.
All Personal Data Collected from the Owners will be stored in the HABITS+ database or information storage and collection base (hereinafter the “Database”), which has high security measures to guarantee privacy. and protection of Personal Data Collected against damage, loss, alteration, destruction or unauthorized use, access or processing thereof. HABITS+ will store the Personal Data Collected for as long as necessary to fulfill the purpose for which it was collected as well as for the time permitted by applicable legislation.
Consequently, Personal Data is protected both online, through encryption codes; as offline, since only personnel designated to perform a specific task with the Personal Data have access to the Database.
HABITS+ may communicate with the Owner by email, telephone, Facebook® or any other authorized means in order to inform you about new products or services, as well as any changes to the operating rules of the products and/or this Notice. .
Use of Sensitive Personal Data
In addition to the personal data mentioned above, in accordance with what is stated in this Notice and for the purposes reported therein, HABITS+ will request, collect, process and use the following personal data considered sensitive, which require special protection:
- Data for analytics:
- Steps walked every day
- Data from the Health app (IOS), Google Fit (Android) or HUAWEI Health (HUAWEI), including location to calculate distances walked.
- Health data: Information concerning a natural person related to the assessment, preservation, care, improvement and recovery of their physical or mental health status, present, past or future, as well as genetic information.
- Ideological data: Information about a person’s ideological, religious, philosophical or moral positions.
- Facts about sexual life: Information about a natural person related to their behavior, sexual preferences, sexual practices or habits, partners, and sexual activity.
- Data of racial and/or ethnic origin:Information about a natural person related to their genetic, social and/or cultural heritage.
- Data for Experience and User Interface Analysis: Compilation of application usage information, user flow through the different screens, screenshot in case of errors, clicks and general user activity.
Purpose of the Personal Data Collected
The Personal Data Collected will be used by HABITS+ for the following purposes:
- Online account registration on the HABITS+ platform and Services.
- Use of the digital platform and HABITS+ Services.
- For the use of the interactive interface of the HABITS+ Services.
- Comply with the obligations contracted by the Owner with HABITS+.
- Generate reports of the results obtained, including, without limitation, written reports with images of progress, assessment, status and/or activity.
Likewise, the Personal Data Collected may be used for the following additional purposes, which are not directly related to the services provided or HABITS+ products, but which help HABITS+ to provide better service to the Owners:
- Management, administration, expansion, improvement and monitoring of the Services that HABITS+ provides to the Owners;
- Respond to queries raised by the Owners about HABITS+ products and Services.
- Evaluation and quality surveys of products and/or Services;
- Reception of HABITS+ newsletters, as well as receipt of information for marketing, advertising and commercial prospecting purposes.
The Owners of Personal Data may immediately request the cancellation of the sending of advertising emails by HABITS+ at any time, through the “Unsubscribe” link that is inserted in the emails that HABITS+ sends to the Owners.
In the event that you do not want your personal data to be processed in accordance with these purposes, from this moment you can contact the email address [email protected] following the procedure described in this Notice.
Disclosure of Results Obtained and Transfer of Personal Data Collected
HABITS+ may disclose the Personal Data Collected from Users regarding the Services provided by HABITS+ with other service providers within the Services and programs acquired by the Owner, following a dissociation procedure, to persons other than HABITS+, who are inside or outside from Mexico (HABITS+ clients).
Likewise, in accordance with the provisions of the Personal Data Law, HABITS+ may transfer and/or share the Personal Data Collected from the Owners, inside and outside the country with the following people, companies, organizations and authorities other than HABITS+, for which following purposes:
Holding companies, subsidiaries or affiliates under the control of HABITS+, or to a parent company or to any company in the same HABITS+ group that operates under the same internal processes and policies.
To carry out the promotion and offering of your products and services.
Companies that provide transportation, delivery, courier and parcel services.
For the correct provision of HABITS+ services and when the transfer is required to maintain or comply with the obligations derived from a legal obligation between HABITS+ and the Owner.
Third parties that have entered into collaboration agreements with HABITS+.
To carry out the promotion and offering of your products and services. *
Authorities to whom HABITS+ must carry it out by virtue of law.
Comply with the corresponding regulations.
Collaborators and personnel directly related to HABITS+.
Analysis of user experience and interface, errors and making changes for the benefit of the user.
We inform you that for transfers indicated with an asterisk (*) we require your consent. If you do not express your refusal for such transfers, we will understand that you have granted it to us.
In the event that HABITS+ is acquired by a third party, the Personal Data Collected will be transferred to the acquirer of HABITS+. In that case, the acquirer, as the new Controller of the processing of your Personal Data, will continue to maintain the necessary administrative, technical and physical security measures to guarantee the privacy and protection of the Personal Data Collected from the Owner against damage, loss, alteration, destruction or unauthorized use, access or processing thereof in accordance with the provisions of this Privacy Notice.
Access and Control over Personal Data Collected
In accordance with the LFPDPPP, you enjoy the rights of Access, Rectification, Cancellation and Opposition to Treatment (the “ARCO Rights”); Likewise, you have the right to revoke at any time the consent granted for the processing of your personal data to the extent permitted by law. To exercise your ARCO Rights or your right of revocation or to formulate any questions or complaints regarding the processing of your personal data, please contact the HABITS+ data protection area at the email [email protected] and following the procedure noted in the following paragraphs.
The Owners must expressly and in detail indicate: (i) that they wish to revoke their consent for the processing or use of their Personal Data; (ii) indicate the manner in which you wish to limit the use or disclosure of Personal Data; (iii) indicate the way in which they wish to access or rectify their Personal Data; (iv) indicate that they wish to cancel their Personal Data; and/or (v) indicate that they wish to oppose the processing of their Personal Data.
To exercise the rights described above, the Owners must accompany their request with the following:
- The name of the Owner, email, address or other means to communicate the response to your request.
- A copy of the documents that prove the identity or, where applicable, the legal representation of the Owner.
- The clear and precise description of the Personal Data with respect to which one seeks to exercise any of the aforementioned rights.
- Any other element or document that facilitates the location of Personal Data.
In the case of this Notice, the response to the Owner’s request will be made first at the email address provided and, except when specified by the Owner, it will be made at the indicated address.
In the case of requests for rectification of Personal Data, the Owner must indicate in the request, in addition to what is stated above, the modifications to be made and provide the documentation that supports their request.
HABITS+ will respond to any request within a maximum period of 20 (twenty) business days from the date of submission of the corresponding request, so that, if appropriate, it is made effective within the following 15 (fifteen) business days. on the date the response is communicated.
In the case of requests for access to Personal Data, delivery will proceed, after accreditation of the identity of the applicant or legal representative, as appropriate.
The aforementioned deadlines may be extended only once for an equal period, as long as the circumstances of the case justify it.
Cookies are text files that are automatically downloaded and stored on the hard drive of a user’s computer when browsing a specific Internet page, which allow the Internet server to remember some data about a user, including their preferences. to view the pages on that server, name and password.
When you interact with the Services, in addition to cookies and web beacons, we may also use various technologies, including pixel tags (pixel tags), log files, local shared objects (cookies of Flash),cookies of HTML5 or other tracking technologies, to automatically collect certain general data and user information, including aggregated measurements of the use of the Services as well as technical data and other aggregated data regarding your use of the Services and that does not identify you personally .
HABITS+ may use this data to analyze, improve, support and operate the Services, for distribution in general benchmarking data and industry demographic and usage reports and/or other business purposes. For example, we may track the total number of visitors or users to the Services, the number of visitors to each page of our Site or Application, the domain names of our visitors’ Internet service providers, and how end-user customers use and interact with the Services.
We may also remove your personal information from the HABITS+ terminal data and group it with other anonymous data, aggregate and/or combine the grouped data together with other information.
Clarification of Versions and Logos:
Habits Performance S.A. DE C.V., a legally registered company in Mexico, is the sole authorized and responsible party for the development of Habits+ and its different versions, HabitsDATA, Habits+, and Habits.AI. All of these are the same app, with only changes to branding and version. Additionally, it is responsible for integration with third parties such as HabitsData and Huawei.
PUBLIC CONTENT THAT IS PUBLISHED ON THE SERVICES AND NOT REQUIRED INFORMATION.
In the event that any Owner chooses to publish and/or send any type of content to be included in the Services to which the general public has access or publishes and/or sends material consisting of photos, texts, videos, etc. or other graphics that are also published in freely accessible areas of the Services, the Owner agrees to grant HABITS+ the universal, non-exclusive and fully sublicensable right as well as the license for use, reproduction, modification, adaptation, publication , translation, the creation of works derived from the original, distribution, performance and presentation of said content (in whole or in part), to incorporate it in another work or work in any form, medium, or technology now known or later developed .
In the event that the Owner does not agree with what is stated in the preceding paragraph, he or she must refrain from sending content and/or material not requested by HABITS+, of the type described in the previous paragraph.
In some cases, HABITS+ provides links to other Internet sites and/or other third-party resources. Given that HABITS+ has no control over said sites or their resources, the Owner acknowledges and accepts that HABITS+ is not and will not be responsible for the availability of said external and non-HABITS+ sites or access to them, nor for the resources that they use, and you do not accept and will not accept to be held responsible for the inability to access them or any content, advertisements, products or other materials on or available from such sites or resources. Likewise, HABITS+ will not be responsible for any loss or damage caused or alleged to be caused by or in connection with the use of such content, products or services available on or through any such sites or resources.
Changes and Updates to the Privacy Notice
Any change made to this Notice will be reflected on the HABITS+ website https://www.habits.ai/privacy/, as well as on its platform and technological tools, or by means of a notification, including the sending of emails. electronic; Therefore, this Notice will be valid indefinitely, until any modification, change or update is made to it, and it is in accordance with the provisions of the Data Law. The Owner accepts when any modification to the Notice is notified, by any of the aforementioned means, and the Owner continues to use the website, mobile applications or HABITS+ services, the Owner expressly accepts and submits to the modifications made, the which will take full effect on the date of their publication on the HABITS+ website, mobile applications or offices. The foregoing, without prejudice to changes related to Sensitive Personal or Patrimonial Data, which must be expressly accepted by the Owner.
In the event of any complaint or suggestion regarding this Privacy Notice, we ask you to contact us immediately at the following email address [email protected].