In accordance with the provisions of the Mexican Federal Law on Protection of Personal Data Held by Private Parties, we inform you of the following:
We are XOY ASESORES EN INVERSIÓN INDEPENDIENTE, S.A.P.I. DE C.V. (hereinafter XOY), a commercial company incorporated in accordance with the Mexican laws, as stated in Public deed with number 3,052 dated August 28, 2018, by the attorney Gerardo Ramírez Organista, Public Broker number 49 from Jalisco´s Plaza.
XOY is the holder and sole owner of UPICK, with the commercial business of sports recommendations, and has its address at Avenue Providencia number 2610, Providencia, Zip Code 44630, in Guadalajara, Jalisco, Mexico.
Protecting your privacy, including your personal data, is of vital importance to us. Therefore, UPICK is committed to maintain your trust and protect your personal data.
Any treatment or process of personal data will be subject to the applicable provisions on data protection (including the Mexican Federal Law on Protection of Data Held by Private Parties), this Privacy Notice and our Terms and Conditions.
This Privacy Notice describes how the UPICK administration team and its affiliates collect, use and disclose your personal information with respect to the UPICK website.
The use of our services constitutes your consent with respect to this Notice and the use and disclosure of your personal data and other similar information as set forth herein.
UPICK, will collect personal data from you and use it for the following purposes that are essential to provide the requested sports recommendations services:
a) Commercial Purposes:
Reception of online commercial transactions as payment for the sports recommendations service, making bank transactions, credit or with a credit or debit card, this derived from the prior authorization of the client, to carry out commercial prospecting in physical and online, granting of credit to its customers for marketing purposes, making the corresponding payments to suppliers, employees, partners and beneficiaries of the services, calls for customer service, deposits, payments for services, location and verification of customer information , reminder and post-sale follow-up, shipments, authorizations, delivery / reception of services, order confirmation, as well as provide follow-up to the projects, quotes s and budgets, request commercial and personal references.
Payments are made through the Openpay and Safe Charge platform, which will use your collected data only for the aforementioned purposes. You acknowledge and agree that Openpay and Safe Charge reserve the right to decline a transaction for any reason (including but not limited to payments that have not been credited due to the funds of the account or source that may no longer exist or are not available / sufficient) and in such cases, neither Openpay, nor Safe Charge, nor UPICK will be responsible to you or third parties with respect to the aforementioned. It will be important to take into account that the payment methods will be varied since these will be according to the location where you reside.
b) Tax Purposes:
Carry out the corresponding fiscal invoicing derived from the commercialization of UPICK's products and / or services with its clients and / or suppliers, this in compliance with their tax obligations. Additionally, UPICK will use your personal data for the following purposes that are not necessary for the requested service, but that will allow and facilitate a better service.
c) Marketing Purposes:
Marketing and promotion activities in physical and / or online (Telemarketing and Mailing of packages, discounts and / or new products or services) of sports recommendations, telephone calls, customer service, clarifications, promotion of products and services, sending emails to provide information, quotation, promotions, publication and posting on various social webs, emails to track quotation, authorizations, job information and clarification and verification of data.
ARCO Rights: By its acronym referring to Access, Rectification, Cancellation and Opposition of personal data, this type of rights constitutes a procedure established by the Mexican law to grant and withdraw consent for the management and treatment of your personal data.
You, on your behalf or through a legal representative, have the possibility to exercise ARCO Rights for the management and treatment of your personal data.
- Access: You can ask Upick to tell you what information we have and how we obtained it. A copy or email will be sent to you with such information.
- Rectification: You can inform Upick about any modification of any particular data or of all data (such as name, email, telephone number, address, etc.) in case they are incorrect, inaccurate or because they have changed.
- Cancellation: You can request Upick to erase or cancel personal data that is not necessary or does not serve the purposes for which it was collected. This data can be blocked, which means that it will be identified and reserved to prevent it from being handled.
- Opposition: You can oppose the management and treatment of your personal data.
Upick must handle your request with due care and within the first twenty (20) business days after submitting your request.
Any request for additional information can be directed to the address mentioned here, or by email to email@example.com, in which the Owner will inform what right among the ARCO rights he exercises, use the following information:
- Name of the Owner and accreditation of the legal representative, if applicable.
- The address of the owner and his email to which we can provide a response to the request.
- Description of the personal data on which ARCO intends to exercise any right.
- Any other element that facilitates the identification or location of personal data.
UPICK reserves the right to publish, modify, cancel, claim or deny any promotion at its sole discretion. The general terms and conditions of UPICK are applicable to any promotion that is presented.
To use our Services you must be at least the legal age of your place of residence. Therefore, we do not collect personal data from persons under the minor age.
You expressly understand and acknowledge that UPICK will not be responsible for any indirect, incidental, or special damages, consequential, or loss of profits, including, but not limited to, damages caused by negligence, error or any other reason.
Privacy policies and regulations are part of a changing environment that we protect, as we continually seek to inform our privacy policies and personal data management to provide a better experience on our Services. UPICK reserves the right to make, at its sole discretion and without prior notice, changes to this Privacy Notice in accordance with current law, internal policies, improvements to privacy policies and the management of personal data or a better offer of our Services.
You can consult these updates on our website www.upicktrade.com, and it is your responsibility to constantly review them to be aware of any changes that may arise with which you do not agree.
Effective date as of: February 10, 2021. Last update date: February 10, 2021.