Privacy Policy | Popular Power

Popular Power Privacy Policy

A Legal Disclaimer

WELCOME TO POPULAR POWER! PLEASE READ THIS COMPREHENSIVE PRIVACY NOTICE (the "Notice") CAREFULLY, WHICH WE PROVIDE TO YOU IN COMPLIANCE WITH:

(A) ARTICLE 16, SECOND PARAGRAPH OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES (the "CPEUM"); THE FEDERAL LAW ON PROTECTION OF PERSONAL DATA HELD BY PRIVATE PARTIES (the "Law")

(B) THE REGULATIONS OF THE FEDERAL LAW ON 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 set forth herein, except in cases where written explicit consent is required under Current Legislation. As Controllers of 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 purposes outlined in this Notice, as well as applicable legal provisions, we will proceed with its cancellation.

If you provide us with personal data of third parties, you expressly state that you have the corresponding authorization to share such information in accordance with Current Legislation and you commit to sending documentation evidencing such authorization to POPULAR POWER when required.

You may revoke your consent to this Notice at any time in accordance with the provisions in the Section entitled "MECHANISM AND PROCEDURE FOR REVOKING CONSENT".

At POPULAR POWER, we have appropriate technical, administrative, and organizational security measures to ensure a level of security that allows us to protect your Personal Data against any: accidental or unlawful destruction, loss, alteration, and unauthorized communication or access, such as: (i) pseudonymization and encryption of personal data

(ii) ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services

(iii) ability to quickly restore the availability and access to Personal Data in the event of a physical or technical incident, (iv) a process of regular verification, evaluation, and assessment of 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 property or moral rights, so that you can take appropriate measures to defend your rights.

Personal data is information corresponding to an identified or identifiable natural person (the "Data Subject"), such as name, identification number, location data, an online identifier, one or more elements of physical, physiological, genetic, mental, economic, cultural or social identity of the Data Subject ("Personal Data").

IDENTITY AND ADDRESS OF THE CONTROLLER

At POPULAR POWER, S.A.P.I. de C.V. ("POPULAR POWER"), designating as address for hearing and receiving notifications the one located at Brecha California No. 2048, Municipality of La Paz, C.P. 23090, Baja California Sur, Mexico, we know how important the protection of 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 procedures 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, comparison or interconnection, limitation, deletion or destruction ("Processing") of your Personal Data.

We commit to Processing your Personal Data only in accordance with the provisions of this Notice and exclusively for the authorized purposes as stated herein. Keep in mind that at all times, you are the sole Data Subject of the Personal Data you provide; by sharing it with POPULAR POWER, we will act as "Controllers" of the Processing.

This Notice applies to any site owned by POPULAR POWER, web or mobile applications, and digital tools, regardless of the form and place of access (the "Platform").

PURPOSES OF PROCESSING

a. Primary: At POPULAR POWER, we collect your Personal Data for the following purposes:

i. identify and manage the registration of your profile (the "Profile");

ii. address requests, questions from our "Users";

iii. comply with the legal relationship contracted with the Data Subjects users by virtue of our terms and conditions (the "Terms and Conditions") and this Notice;

iv. processing, updating, modifying, canceling and/or confirming services, and/or products that allow solar operators ("Solar Operators") to visualize data of their assets, their workforce and their final users (the "Final User Persons") in one place; and information related to them sent by POPULAR POWER to the Data Subjects through the Platform, telephone calls and/or email; and,

v. comply with the obligations contracted by the Data Subject with POPULAR POWER by virtue of the Services; (vi) respond to requests for exercise of cancellation of consent of Personal Data or ARCO Rights (as defined in the Section MEANS FOR THE EXERCISE OF ARCO RIGHTS of the Notice) of the Data Subjects.

b. Secondary: Likewise, the Personal Data collected may be used for the following purposes that are not necessary for the Services, but help us provide better attention to the Data Subjects:

i. evaluation of the quality 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.

MECHANISMS TO EXPRESS YOUR REFUSAL TO THE PROCESSING OF PERSONAL DATA FOR SECONDARY OR ACCESSORY PURPOSES

If you do not wish for your Personal Data to be processed according to the Secondary Purposes, you can 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 entitled "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.

WHAT PERSONAL DATA DO WE PROCESS?

At POPULAR POWER, we collect your Personal Data only to the extent that you provide it to us and in accordance with the Purposes established in this Notice.

[Table of Personal Data categories and types of data subjects omitted for brevity]

SENSITIVE PERSONAL DATA TO BE PROCESSED

Sensitive personal data are those that affect the most intimate sphere of their Data Subject, or whose improper use may give rise to discrimination or entail a great risk for them. In particular, those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, trade 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 any reason you provide us with any of this data, it will be used exclusively to the extent that you have authorized it and for the minimum indispensable time.

TRANSFERS OF PERSONAL DATA THAT WILL BE MADE

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 Protection of Personal Data Held by Private Parties: [list of exceptions omitted for brevity]

However, at POPULAR POWER, we do not transfer your Personal Data to third parties.

REGARDING EXPRESS CONSENT AND EXPRESS WRITTEN CONSENT REGARDING THE PROCESSING OF YOUR PERSONAL DATA, INCLUDING TRANSFERS

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 THAT WILL BE MADE. 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 granting your express consent by providing us with your Personal Data and you are granting your express written consent when you click accept in the acceptance box found at the end of this Notice, such express written consent applies to the sections WHAT PERSONAL DATA DO WE PROCESS?; SENSITIVE PERSONAL DATA TO BE PROCESSED; and TRANSFERS OF PERSONAL DATA THAT WILL BE MADE of this Notice.

MEANS FOR THE EXERCISE OF ARCO RIGHTS (access, rectification, cancellation or opposition)

At any time, you have the right to know what Personal Data we have about you, what we use it for, and the conditions of use we give it ("Access"). Likewise, it is your right to request the correction of your Personal Data in case it is outdated, inaccurate or incomplete ("Rectification"); that we eliminate 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").

[The rest of the document continues with sections on revoking consent, limiting use or disclosure of personal data, use of cookies and web beacons, procedure for communicating changes to the privacy notice, information about minors, and information about INAI (National Institute for Transparency, Access to Information and Protection of Personal Data).]