PRIVACY NOTICE
The following rules of interpretation apply to this Privacy Notice:
(i) The term “documents” includes any and all documents, contracts, agreements, instruments, certificates, notices, reports, statements, or any other written communications, regardless of how they are documented, whether electronically or physically.
(ii) References to a “Clause,” “Annex,” or any other subdivision of or to an attached document, unless otherwise specified, are to the Clauses, Annexes, subdivisions, or attached document to the documents in which such reference appears.
(iii) Any document referenced in this Privacy Notice means that document as amended, supplemented, or replaced from time to time and includes all annexes or instruments incorporated into that document.
(iv) Any law, regulation, provision, or circular referenced in this Privacy Notice means such law, regulation, provision, or circular as amended, reformed, supplemented, or replaced by a comparable law, regulation, provision, or circular or by laws, regulations, provisions, or circulars that replace them, and includes any regulations or rules enacted under it, as well as any judicial or administrative interpretation thereof.
(v) All terms defined in this Privacy Notice may be applied in the singular or plural, and the term “including” means “including without limitation.”
(vi) References to a person also include their successors, permitted assignees, and, as applicable, any person that replaces them under the terms of this Privacy Notice.
TMAX CAPITAL S.A.P.I. DE C.V. (hereinafter, “TMAX CAPITAL”), consistent with its privacy and personal data protection policy for its clients, as provided through its website https://tmax.capital/, (hereinafter, the “Website”), as well as through the various products it offers, for the purpose of providing the best experience when procuring its services and in compliance with the Federal Law on the Protection of Personal Data Held by Private Parties, its Regulations, its Guidelines, and recommended best practices for Privacy Notices (collectively, the “LFPDPPP”), makes this Privacy Notice (the “Privacy Notice”) available to you. Its purpose is to strictly comply with the principle of information and with the principles of lawfulness, consent, quality, purpose, loyalty, proportionality, and responsibility established by the LFPDPPP, and to inform you of the existence and the main characteristics of the processing to which your personal data mentioned in item three below will be subjected so that you are in a position to exercise your rights to informational self-determination, privacy, and personal data protection under the following terms and conditions:
- Identity and Address of the Controller
TMAX CAPITAL, with its address for service at Av. Santa Fe 495, 19th floor, Col. Santa Fe de Cuajimalpa de Morelos, C.P. 05348, Mexico City, Mexico, and at the website https://tmax.capital/, is the party responsible for collecting your personal data, for the use given to them, and for their protection, through the implementation of security measures that protect your personal data against any damage, loss, alteration, destruction, or unauthorized use, access, or processing by you as the data subject.
- Investments Area Department
For any clarification, comment, question, or information regarding this Privacy Notice, please send your request to the Investments Area Department at the email address contacto@tmax.capital, which will respond to your request within a maximum of 30 business days.
- Personal Data to Be Processed
The personal data we collect from you as the data subject for the purposes described in the section titled “Purposes of the Processing of Personal Data” in this Privacy Notice are collected in person when you provide them at our offices; directly when you enter the Website; through our call center; through an internal TMAX CAPITAL contact; and indirectly when we obtain information through permitted public sources.
TMAX CAPITAL may collect the identification and financial information described below, which has been organized by category for ease of understanding:
Identification Data: Full name, full address, date of birth, official identification, signature, and image.
Sensitive Data: TMAX CAPITAL collects sensitive data such as your financial and/or banking information.
In all cases, TMAX CAPITAL has implemented mechanisms to make available to you the full Privacy Notice, a short privacy notice, or a simplified privacy notice, depending on the circumstances in which your personal data are obtained.
If we obtain your personal data indirectly, either through a consented transfer or public databases, this Privacy Notice will be available for your review on the website https://tmax.capital/, and you will always have the possibility to express your objection to such use.
- Purposes of the Processing of Personal Data
The personal data voluntarily provided by you will be collected for the following purposes:
Primary Purposes (necessary to fulfill the legal relationship and provide our services):
Providing and contracting the services and/or products you have requested.
Executing the corresponding legal instruments.
Identifying you as a client or beneficiary of the contracted service.
Registering you as a client and properly tracking the services you have contracted with TMAX CAPITAL.
Allowing you to contact TMAX CAPITAL and leave comments about our services.
Registering you as a beneficiary of our promotions and/or services.
Secondary Purposes (useful to improve our services and personalize promotions; these require your express consent):
Sending you promotional information about contests and events.
Offering you our services, products, and promotions via email, telephone, or text messages (SMS).
Sending you information about products and services by any means for marketing and commercial prospecting purposes.
If in the future we wish to process your data for a purpose different from the foregoing, we will again request your consent.
- Personal Data of Minors and Incapacitated Persons
It is not TMAX CAPITAL’s intention to enter into contracts that involve the personal data of minors or persons subject to interdiction or incapacity. However, due to the nature of the services we provide, we frequently have access to such information. In these cases, parents or guardians will give their express written consent by signing the Privacy Notice, under the terms set forth in the current Federal Civil Code.
- Mechanisms to Refuse Processing for Secondary Purposes
TMAX CAPITAL has implemented an express mechanism for you to refuse the processing of your personal data for secondary purposes by sending your request to our Investments Area Department at contacto@tmax.capital, which will respond within a maximum of 30 business days.
- Transfer of Personal Data
TMAX CAPITAL may share your personal data with third parties to fulfill the primary and secondary purposes mentioned above, under the following circumstances:
Affiliate, related, and subsidiary companies that operate under the same internal processes and policies, which will adhere to this Privacy Notice.
Local or federal authorities that request it as part of a legal process or by court order.
In compliance with applicable law, it is not necessary to specifically list all recipients; however, you have the right to request additional information about transfers made, if you so desire.
- Means and Procedure to Exercise Your ARCO Rights
You have the right to access your personal data that you have authorized us to process, and to know the conditions of such processing. Likewise, you may rectify them if they are inaccurate or incomplete, or request their cancellation when you consider they are not being processed in accordance with the principles and duties established by the LFPDPPP.
To exercise your rights, send your request to our Investments Area Department at contacto@tmax.capital. TMAX CAPITAL has a maximum period of 30 business days to inform you of the determination adopted so that, if appropriate, it may be made effective within the following 15 days.
- Revocation of Consent
You may revoke your consent for the processing of your personal data at any time. To do so, send your request to the Investments Area Department at contacto@tmax.capital
, indicating the personal data for which you wish to revoke your consent. The revocation will be effected within 20 business days from receipt of your request.
- Means to Limit the Use or Disclosure of Your Personal Data
TMAX CAPITAL provides the email address contacto@tmax.capital, so that you may at any time express your refusal to continue receiving communications or promotions from us.
- Cookies and Similar Technologies
The Website may use cookies and web beacons to collect data about your online behavior, such as the type of browser, IP address, pages visited, and time of interaction, among others. These data are used to improve the website experience and personalize offers.
We request your express consent for the use of cookies and similar technologies that allow us to obtain personal information. You may disable cookies through your browser settings.
- Changes to the Privacy Notice
TMAX CAPITAL reserves the right to periodically update this Privacy Notice in accordance with legislative changes or changes in our privacy practices. Modifications will be available on our website https://tmax.capital/
We recommend consulting the Privacy Notice regularly.
- Personal Data Protection
If you believe that your right to the protection of personal data has been violated by the improper processing of your personal data, you may file a complaint or claim with the National Institute for Access to Information and Protection of Personal Data (INAI). For more information, visit www.inai.org.mx.