Privacy Policy

In compliance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties (hereinafter referred to as the “Law”), this Privacy Notice (hereinafter referred to as the “Notice”) informs you of the following:

I.- CLÍNICA GEN S DE RL and/or its subsidiaries (hereinafter “IMAGEN ART CLINIC”), located at Blvd. Agua Caliente 11300-227, Plaza Campestre Colonia Aviación, Tijuana, B.C.N, Mexico 22420, is responsible for the processing (as defined by Article 3, section XVIII of the “Law”) of personal data, including sensitive data (hereinafter referred to as “Data”) provided or obtained from or regarding individuals; excluding from the above-mentioned any information related to legal entities or individuals in their capacity as merchants and professionals, or individuals providing services to a legal entity or individual with business activities and/or service provision, consisting solely of their name and surname, the functions or positions held, as well as some of the following employment-related data: physical address, email address, phone number, and fax number; provided that this information is processed for the purpose of representing the employer or contractor or consists of data not subject to regulation as stipulated by the Law.

II.- The “Data” that may be collected personally or directly from the holder, as well as those obtained through our website www.imagenartclinic.com and/or indirectly through other publicly accessible sources or transfers permitted by the “Law”, may include one or more of the following:

a) Information to identify you: Full name, date of birth, address, official identification, nationality, occupation or profession, business activity, phone number where you can be located (home, business, work, or mobile), CURP and RFC when available, type of income. If you are a foreign national, the address of your country of origin, passport, document proving your legal stay in the country, and personal and/or business email addresses.

b) Information about your financial and/or asset situation, including your income, assets, liabilities, payment history, moral and economic solvency, as well as your credit behavior.

c) Information for the design, promotion, or marketing of goods and/or services such as amounts consumed, agreed payments, service or supply routes, addresses for delivery or receipt of products or services, volumes, periods, and prices for the consumption of goods and services.

d) Information relating to operations derived from your relationship with third parties. Depending on the product or service or legal relationship with IMAGEN ART CLINIC, this may include details of previous work, personal, financial, or tax references, purchases, or consumption behavior performed in specific periods of time and details about how you meet your payment obligations to third parties, including collection of opinions, trends, or consumption through surveys as long as you are identifiable or can be identified in them.

e) Any other information or documentation that may be required by legal or financial regulations by the competent authorities due to legitimate command, in the course of the operations of the company as a commercial entity, employer, client, service provider, or in any other capacity.

III.- The “Sensitive Data” that may be collected personally, as well as those obtained through our website www.imagenartclinic.com and/or by any other means permitted by the “Law”, may include one or more of the following:

Criminal or legal records, health status, political affiliation, union affiliation, sexual orientation, medical or laboratory results, physical, intellectual, or emotional capability, obtained from tests, application of tests or interviews, or through third parties or pre-existing databases, blood biometrics and blood type obtained directly or performed by third parties or from pre-existing databases; information about family composition, including names, marital status, and overall family situation.

IV.- The purposes for processing the “Data” are as follows:

A). Necessary purposes for the existence, maintenance, and fulfillment of the legal relationship between the responsible party and the holder:

(i) The submission of job applications by any means and, if applicable, obtaining this for a vacancy; (ii) Any procedure that must be carried out before the Mexican Social Security Institute (IMSS), the National Workers’ Housing Fund Institute (INFONAVIT), the Tax Administration Service (SAT), the National Fund for the Consumption of Workers (FONACOT), and/or any other government authority; (iii) Granting credits and/or loans; (iv) Entering into contractual relationships or agreements of any type in accordance with current legislation in Mexico; (v) Recording information in employee, client, or supplier books and/or corporate books according to the Federal Labor Law and the General Law of Commercial Companies and/or any other legal provision in force in Mexico; (vi) Complying with legal or contractual obligations of and by the responsible party and of and by the holder.

B). Non-necessary purposes for the existence, maintenance, and fulfillment of the legal relationship between the responsible party and the holder.

(i) Those related to the processing of the “Data” for marketing, advertising, or commercial prospecting purposes; (ii) For the design, promotion, or marketing of newly created products; (iii) Participation in offers, promotions, and/or advertising events; (iv) Invitations to commercial, educational, sports, social, or cultural events; (v) Customer, supplier, or employee service; (vi) Sending advertisements through any means of communication; (vii) Market research; (viii) For the formation of databases transferable to third parties, national or foreign, free or for a fee, partially or totally, commercial companies in the industrial sector, service providers, or governmental or research organizations.

V. In the event that “IMAGEN ART CLINIC” intends to give a purpose different from that indicated in the “Notice” that is not compatible with those described above, the “Holder” will be informed, and if applicable, their consent will be requested for the exercise of the new purpose, informing them of the date on which the change(s) will take effect, which may be done by any of the following means: (i) Personally through a written document; (ii) Through our website www.imagenartclinic.com; (iii) By any other means permitted by the Law.

VI. The “Data” that “IMAGEN ART CLINIC” has or that is collected at this moment or subsequently will be duly safeguarded, stored, and protected by the Personal Data Protection Department of “IMAGEN ART CLINIC” (hereinafter referred to as the “Department”) during the period of processing, having access to them only the members of this department and other authorized personnel via a confidentiality agreement, who collectively have physical and technological means to prevent their loss, misuse, alteration, disclosure, or theft.

VII. The holder is expressly informed that compliance with one or more of the purposes indicated in this notice by “IMAGEN ART CLINIC” justifies transferring the “Data” to third parties, so accepting this privacy notice implies authorization to the responsible party to do so at any time.

In case of not accepting it, the holder must indicate this in writing when signing the document.

The holder expressly acknowledges that the transfer of the “Data” to third parties does not require their consent in the following cases:
1. When the transfer is provided for in a Law or Treaty in which Mexico is a party;

2. When the transfer is necessary for medical prevention or diagnosis, provision of healthcare, medical treatment, or management of health services;

3. When the transfer is made to controlling, subsidiary, or affiliated companies under the common control of the responsible party, or to a parent company or any other company of the same group of the responsible party that operates under the same processes and internal policies;

4. When the transfer is necessary due to a contract entered into or to be entered into in the interest of the holder, by the responsible party and a third party;

5. When the transfer is necessary or legally required to safeguard a public interest, or for the procurement or administration of justice;

6. When the transfer is necessary for the recognition, exercise, or defense of a right in legal proceedings; and

7. When the transfer is necessary for the maintenance or fulfillment of a legal relationship between the responsible party and the holder.

VIII. The holder of the information, in their own right or through their representative, may request Access, Rectification, Cancellation, or Opposition (hereinafter “ARCO Rights”) of the “Data” from January 2, 2013, by any of the following means:

(i) By a written request addressed generally to the “Department” of “IMAGEN ART CLINIC” at the following address: RÍO MOCORITO #96 PTE. COL. GUADALUPE, Culiacán de Rosales, Sinaloa, C.P. 80220, from 8:30 AM to 6:00 PM, on business days;

(ii) Through a free-format letter sent to the email address info@imagenartclinic.com, from 8:30 AM to 6:00 PM, on business days.

IX. The requests submitted related to the preceding paragraph will be processed free of charge and must meet the requirements of Article 29 of the “Law”: (i) The name of the holder and address or another means to communicate the response to their request; (ii) The documents proving the identity or, when applicable, legal representation of the holder; (iii) A clear and precise description of the “Data” for which they seek to exercise any of the aforementioned rights; and (iv) Any other element or document that facilitates the localization of the “Data”.

“IMAGEN ART CLINIC” will communicate to the holder through the person in charge of the “Department” within a maximum period of twenty days from the date the request for access, rectification, cancellation, or opposition is received, the determination made, so that, if applicable, it can be made effective within the subsequent fifteen days from the date the response is communicated. For requests for access to personal data, delivery will proceed only after the identity of the applicant or legal representative is accredited, as appropriate. The aforementioned deadlines may be extended only once for an equal period, provided that the circumstances of the case justify it. The “Data” will be sent via electronic documents to the email address indicated by the holder in their request.

X.- In case the “Holder” does not receive a response within the specified time frame in the preceding paragraph and/or is not satisfied with the determination provided to them, or considers that there has been some violation of their “ARCO Rights” according to the “Law”, they may file a complaint or report with the Federal Institute for Access to Information and Data Protection (IFAI) within the legally corresponding terms and formalities.

XI. Your access to our website www.imagenartclinic.com and/or your communication through the internet or intranets, by means of computers, mobile phones, tablets, or remote communication devices that exist or may exist, may allow for the automatic and simultaneous collection of one or more personal data at the time you contact us through the activation of cookies, web beacons, or other similar technologies existing or to be developed, which in no case will imply the use or application of technologies that break or compromise your personal access codes or keys, the copying of files or databases without your express consent, nor the permanent connection to your site in hacker-like actions or that prevent free functionality or absolute personal control of your operating system; instructions for disabling such technologies, if they exist, will be visible on our site.

XII. This Privacy Notice may be updated by “IMAGEN ART CLINIC” and the most recent version will be available at www.imagenartclinic.com and/or by other mechanisms, such as brochures, circulars, posters, emails, or any other means that “IMAGEN ART CLINIC” deems appropriate. For further information, please contact the phones +52 (664) 290 1000 from anywhere in Mexico or abroad and/or the email address info@imagenartclinic.com from 8:30 AM to 6:00 PM (Culiacán, Sinaloa time), on business days.

XIII. Under the terms of this Notice, it is informed that for the interpretation and/or compliance of the above terms and conditions, both the holder of the personal data and “IMAGEN ART CLINIC” will abide by what is regulated by the Federal Law on the Protection of Personal Data Held by Private Parties, its Regulations, and its applicable general rules and guidelines; in case of controversy, they accept to submit to the jurisdiction of the competent courts in the City of Culiacán, Sinaloa, waiving any jurisdiction that may correspond to them due to their present or future domiciles or for any other reason.

XIV. Our websites do not use web beacons but do use cookies for informational purposes. The cookies utilized cannot be used to determine personally identifiable information about you, except for the information mentioned in the preceding paragraphs, nor can they damage your system or files in any way.

XV.
IMAGEN ART CLINIC reserves the right to periodically update this privacy notice. If this privacy notice is changed in any way, a notice will be published informing about the change at www.imagenartclinic.com.

It is the holder’s responsibility to review the updated content of the privacy notice available on the websites www.imagenartclinic.com.

IMAGEN ART CLINIC assumes that if the holder does not oppose the changes, informing in a timely manner through any of the means set out in section a of point III of this document, it means that they have read, understood, and consented to the terms established herein.

We recommend that you visit the websites of IMAGEN ART CLINIC from time to time to learn of any modifications to this Privacy Notice.

This Privacy Notice was last updated on April 21, 2020.