Supercool Information Privacy and Confidentiality Statement

(English version | Spanish version)

Last update June 27, 2023.

 

At Electromobility Center Mexico, S. de R.L. de C.V. ("Supercool"), we understand the protection of personal data as an opportunity to generate value for our users. By responsibly using personal information, we not only protect the privacy of those who have entrusted us with their data, but also enable them to operate safely and confidently within our ecosystem.

Therefore, your privacy is very important to us and we strive to protect it.

In order to provide you with its services, Supercool processes, collects, and in some cases discloses information about people who, like you, are users, visitors, or sellers on the Supercool platform or, where applicable, on the mobile application. This Supercool Information Privacy and Confidentiality Statement (the "Privacy Statement") describes the information that Supercool collects and processes about personal data and what it can do with such information.

Providing your voluntary, express, and informed consent to this Privacy Statement is an essential requirement in order to contract and/or have any kind of relationship with Supercool.

  1. How does Supercool integrate and how does this Privacy Statement apply?

The purpose of Supercool is to carry out publishing, promotion and/or marketing activities of products and services, either its own third-parties, related to sustainable mobility, as well as other intermediary services. To achieve this, it has created an ecosystem of integrated services through its platform; https://mkt.supercool.center (the “Marketplace”).

For this reason, it is important to note that when you register in the Marketplace, you are creating a user that will allow you to operate on that site.

This Privacy Statement applies to all services and data processing operations of Supercool, whether these are from this entity or its subsidiaries or affiliates.

  1. Who is responsible for processing personal information?

For the services available on the Marketplace, the person responsible for processing is Electromobility Center Mexico, S. de R.L. de C.V.

The responsible party's address to receive and hear notifications is Av. Javier Barros Sierra 540 Park Plaza Tower I, floor 1, interior number 103 2, Colonia Santa Fe, Álvaro Obregón, Mexico City, C.P. 01210, Mexico.

  1. What Personal Information do we collect and process?

For the purposes mentioned in this Privacy Statement, we may collect personal data within the following categories: (i) identification; (ii) contact; (iii) financial; (iv) assets; (v) interests and preferences. Supercool will comply with the provisions of the Federal Law on Protection of Personal Data held by Private Parties (“LFPDPPP”) and its Regulations regarding the processing of personal data obtained directly and/or indirectly.

Supercool collects your personal information so you can enjoy our services and improve them continuously.

In some cases, you provide the information yourself, when registering or providing information when using one of our services. In others, we collect them automatically, such as when you browse our page and use our services. We can also collect information about you from other reliable sources.

You are not obligated to provide us the personal information detailed below, however, this is an essential requirement for having any type of relationship with Supercool and, if you do not provide this information, you will not be able to register as a user which will prevent us from registering you as a seller or buyer, we will not be able to provide you with our services or our ability to do so may be significantly hindered. The inaccuracy or falsity of the personal data you provide could cause the suspension of services.

Also, Supercool may suspend or permanently disable those users who violate this Privacy Statement.

Here are the types of data we might collect:

Information you provide us directly upon registration:

  • Nickname or pseudonym to operate on the Supercool Marketplace,
  • Name, personal image (personal photo),
  • Valid identification number,
  • Contact information (such as phone number, address, email address),
  • Bank account details,
  • Payment information and methods,
  • Information about intellectual property rights,
  • Legal representative's data in case you are a seller,

 

Information we collect automatically, whether you are registered or not:

  • Information from the devices or computers from which you access the Supercool Marketplace and other automatically captured data (such as browser type or version or operating system, settings, connection data, information about some downloaded applications, and parameters).
  • Internet IP address you use when connecting to our services or browsing our Marketplace.
  • Transactional information and movements within the Supercool Marketplace (purchases, sales, payments, returns, questions, withdrawals, transfers, credits taken, cash advances, claims, billing, tax data, digital account identification key or code (CVU, CLABE, etc.), bank accounts, internal messaging).
  • Certain information about user activity within our Marketplace such as, for example, the URL they come from or the URL they subsequently access. Also, visited pages, interactions with those pages, searches made, posts, purchases or sales, ratings and replicas entered, claims made and received, messages in forums, among other information may be stored and retained.
  • Information about your location (geolocation), which can be used to withdraw products, locate stores with QR enabled for payment, among others.
  • Contact lists from the mobile devices used by users, to provide different services, such as money transfers between accounts.
  • Links between accounts and users, for the purpose of fraud prevention actions.
  • Data for claims and lawsuit management (information for the preparation of documents, backgrounds, and strategies).
  • If you have not registered or accessed through your personal account, Supercool will only collect and store, in addition to the information indicated in this point, your mobile phone numbers, your email address, and emails that you send us.

 

Information we collect from other sources:

  • Information collected for the purposes of fraud prevention and compliance with reporting regimes.
  • Credit information, positive and negative, that we obtain from credit risk databases or centers, telecommunications companies and/or from public access sources.
  • Data used for identity verification, completing or correcting information, obtained from secure and reliable sources, such as public bodies, service providers, or business partners we work with.

In some cases, this information could be considered sensitive according to Mexican legislation. In these cases, we will request your explicit consent to process them through the Marketplace.

  1. What do we do with personal information?

The collection and processing of your personal information allow us to provide you with excellent service (whether you are a user or seller on the Marketplace) so you can carry out operations quickly and safely and offer you features that better adapt to your needs. Supercool may use your personal information for the following purposes:

  • Provide the products, services, and/or benefits offered by the Supercool Marketplace.
  • Identify and contact you.
  • Register you in our systems.
  • Verify your identity in compliance with legal requirements.
  • Validate, update, and correct your information.
  • Provide you with the products, services, and/or benefits that you request or contract with us.
  • Facilitate direct contact with sellers or buyers for the purposes of the transaction you wish to carry out.
  • Create and maintain a record of the operations you carry out, as well as inform you about them and follow up accordingly.
  • Make our Marketplace and online payment system available to you.
  • Manage Supercool services and products.
  • Attend to your comments, complaints, and suggestions, as well as provide support.
  • Consult and report positive and negative data in credit risk centers, carry out commercial and/or credit risk verification tasks, analyze the viability of establishing or maintaining a business relationship, and prepare profiles for credit analysis purposes.
  • Prepare profiles for credit analysis purposes.
  • Offer and manage the credit products or insurances that you request or contract with us.
  • Facilitate the shipping of products advertised on websites and applications.
  • Offer you services and features that better suit your needs, and personalize our services to make your experiences with Supercool as comfortable as possible.
  • Contribute to the security of relationships, communications, and transactions between users of our Marketplace.
  • Create a user reputation system.

  1. Improve our services, develop new ones, and offer you a better experience on the Supercool Marketplace.
  • Develop internal and statistical studies about your interests and behaviors, to offer you better services and products.
  • Create profiles by analyzing various variables, such as behavior or interactions within the Marketplace, the analysis and prediction of financial capacity, preferences, interests, transaction history, behavior and location, among others, to improve our business and promotional initiatives, display advertising or promotions, interest banners, news about the Supercool Marketplace, perfect our offer of content and articles, personalize said content, presentation, and services.
  • Offer you services and features that suit your needs to provide you a better experience.
  • Improve our business and promotional initiatives and analyze the pages visited, the searches made by users, to improve our offer of content and articles, personalize such content, its presentation, and services.
  • Provide you information through different channels about improvements or new features or services in the Marketplace.
  1. Comply with legal obligations and requirements of competent authorities.
  • Comply with the regulations applicable to Supercool in general.
  • Compliance with Anti-Money Laundering and Terrorism Financing regulations.
  • Compliance with general reporting regimes.
  • Compliance with tax regimes of collection, registration, information, audit, and billing, at any level of government (federal, state, and municipal level).
  • Compliance with information requirements of competent administrative or judicial authorities.
  • Provide user information to governmental entities with collaboration agreements for the fulfillment of their competencies.
  1. Detect and prevent frauds, abuses, and related crimes to protect the safety of our users and the sustainability of the Marketplace.
  • Make the Marketplace grow in a sustainable and safe way using tools and actions for fraud and related crimes prevention.
  • Train the algorithm model for automated detection and fraud prevention.
  1. Protect the rights of users, third parties, or Supercool's own rights.
  • Defend the rights, tangible and intangible assets of Supercool.
  • Enforce Supercool's rights in the face of breaches of its Terms and Conditions.
  • Allow other users or third parties to enforce their rights.
  1. Collaborate with intellectual property rights holders in exercising their rights.
  • Collaborate with the protection of intellectual or industrial property rights, own or third parties, investigations of trademark and patent violations, as well as counterfeits.
  • Collaborate with entities involved in dispute resolution.
  • Collaborate with private entities that represent collective interests with a collaboration agreement, to facilitate the resolution of disputes.

The use of your data for any other purpose that is not compatible with those detailed will be communicated to you before we proceed with its processing.

Supercool will keep your personal information for as long as necessary to comply with the purposes for which they were collected.


  1. How do we share personal information?

Protecting your privacy is very important to Supercool. Therefore, we neither sell nor trade information that identifies our users or sellers. We also do not share or transfer your personal information to third parties in any other way, except as indicated below:

Supercool may assign, transmit and/or transfer your personal information to:

(i) "Service Providers": service providers or companies are third parties that we hire to act on behalf of Supercool to provide a service following our instructions and in accordance with what is established in this Privacy Statement, to help improve or facilitate operations through our Marketplace, such as: (a) transport, logistics, courier and parcel companies, to deliver the products you purchased, (b) payment methods, intermediaries in payment management or insurance, to receive payment for the services or products contracted, as well as to provide you protection regarding the products acquired, (c) providers of computer systems, cloud service providers, database providers, and general technology service providers, (d) advertising or marketing agencies, (e) data analysis, (f) collection agencies, (g) governmental entities or companies specialized in risks, in order to verify your information. These Service Providers only access the strictly necessary information to provide the agreed services and cannot use them for purposes other than those entrusted to them by Supercool.

(ii) "Supercool Group": companies that belong to our corporate group, operating under our same internal processes and policies, whether they are companies controlled, controlling, or affiliated with Supercool, to comply with our internal regulations, prevent fraud, manage risks, and facilitate the management of Supercool's services and products.

(iii) “Counterparty in the transaction”: users of the Supercool Marketplace, under the conditions provided, in order to put you in contact with the counterparty of the transaction you wish to carry out.

(iv) “Public authorities”: administrative and judicial authorities that require information in the exercise of their competence, even if there is no order or executive or judicial summons for this purpose, with the purposes of: (a) collaborating in the investigation and reporting of fraud, piracy, violations of intellectual or industrial property or any other crime, as well as any activity or circumstance that could generate legal liability to Supercool and/or its users; (b) safeguarding a public interest, the procurement or administration of justice, the recognition, exercise or defense of a right in a judicial or administrative process, and/or the resolution of disputes; and (c) complying with any applicable law, regulation or legal provision, or any mandate from a duly founded and motivated competent authority.

(v) "Dispute Intervenors”: authorities, amicable composers, courts or entities involved in dispute resolution with the purpose of resolving disputes that may arise between users or between them and any of the companies of the Supercool corporate group.

(vi) “Users and/or visitors in general”: other users and/or visitors of our Marketplace, for service quality purposes. The number of sales made by sellers, as well as reputation, attention provided, buyer opinions, and punctuality in the delivery of products and services will be published in the Marketplace.

If Supercool decides to share your personal information with third parties other than those mentioned, we will request your prior and express consent, as long as there is no legal authorization or obligation to do so without that consent.

Likewise, you give your express and informed consent for Supercool to assign, transmit or transfer your personal information to the recipients detailed in this Privacy Statement.

Finally, Supercool will not be responsible for the misuse of your personal information by any third party when these third parties directly collect and/or process your personal information.

  1. How long will we store personal information?

We will only store personal information for as long as necessary to fulfill the purpose for which it has been collected, to comply with regulatory or legal requirements, or for the legal prescription period of possible legal or contractual liabilities.

Once this period is over, the data will be deleted or anonymized in such way that no person can be individualized.

  1. Confidentiality of personal information and User Responsibility

We will do everything in our power to protect the privacy of your personal information. The user will be responsible for all acts that take place through the use of his account. If for any reason you believe that someone may know your account, you should modify it.

  1. Use of personal information by other Users

Supercool allows users limited access to certain data (such as name, nickname, email, other contact information, and billing and shipping information) of the rest of the users to facilitate interaction between them. Under no circumstances can other users communicate your personal information to third parties without your consent and/or the consent of Supercool, as appropriate.

When a seller receives personal information from his buyers, he becomes responsible for the processing of that data and acquires the obligations implied here. Therefore, he cannot use the data for a different or incompatible purpose than the transaction that originated the collection. For this reason, they can only use the personal information of other users obtained on the site for: (a) purposes related to seller transactions, (b) use services offered on Supercool, and (c) any other purpose to which the corresponding user expressly consents once the legally required information has been previously communicated to them.

Supercool does not accept behaviors considered as 'spamming'. The indiscriminate sending of messages of any nature between the users of Supercool is absolutely prohibited.

Supercool does not control, store, or have access to the messages and content sent by users through means other than the Marketplace, therefore it assumes no responsibility regarding the damages that its use could cause. The negotiations carried out by the users through these means are under the responsibility of those users.

Supercool is not responsible for the use that any user or other person could make of the information published on the Marketplace. Users agree that Supercool will not be responsible for the losses or damages that can be generated as a result of negotiations between users. Consequently, Supercool is released from any type of responsibility in case of conflict with one or more users.

  1. Links to other websites

Through the Marketplace, Supercool could include links to third-party websites, which does not indicate that they are owned by, or operated by Supercool. It is clarified that the processing of personal information made by the third parties responsible for the aforementioned websites is not covered by this Privacy Statement. Also, you acknowledge and accept that Supercool has no control over such websites and is not and will not be responsible for the content or services provided by such sites, nor for the way they process your personal information, so you access such websites at your own risk.

  1. How can you exercise your rights to control your personal information?

You can make inquiries and/or exercise the rights of access, rectification, cancellation, and opposition to the processing of your Personal Information, as well as revoke your consent in the terms allowed by applicable regulations, by sending a request to our Personal Data Department by mail at the following address: Av. Javier Barros Sierra 540 Park Plaza Tower I, floor 1, interior number 103 2, Colonia Santa Fe, Álvaro Obregón, Mexico City, C.P. 01210, Mexico.

Your consultation request should contain your name and address to communicate the response, and in case you want to exercise any right, your request must contain:

  • your name, address, or another means to communicate the response to your request,
  • documents that prove your identity or, where appropriate, the legal representation you granted,
  • clear and precise description of the personal data regarding the rights you seek to exercise, and
  • any other element or document that facilitates the location of your personal data.

We will respond to your request within 20 (twenty) business days following the date it is received. If your request is appropriate, we will make it effective within 15 (fifteen) business days following the date we communicate the response. If your request is incomplete or incorrect, we will ask you to correct it, giving you 10 (ten) business days to do so. The use of electronic means authorizes us to address your request through the same means, unless you indicate another means of contact in your request.

You can obtain the information or personal data requested through simple copies, electronic documents in conventional formats (Word, PDF, etc.), or through any other legitimate means that guarantees and accredits the effective exercise of the right requested.

The right of cancellation is not absolute. Please note that we must retain information to comply with various regulatory or legal obligations and for the prescription period of potential legal or contractual liabilities; and that to do so we could share personal data with other entities or organizations. In such cases, the right of cancellation may need to be requested before the entity that received the personal data.

Limitation of use or disclosure of your personal information.

You can also limit the use or disclosure of your personal data in the following ways: (i) For our emails for advertising, promotional or marketing purposes, you can unsubscribe by changing your preferences according to the instructions that we provide in our communications and/or sending an email to diana.ramirez@gulf.mx ; and (ii) you can change your preferences, as well as access, rectify and cancel registration information by entering your account, in the sections of 'privacy' and 'personal data', respectively. For more information on this, contact our Personal Data Department.

  1. Security. Storage of personal information

Supercool complies with regulations and has adopted industry-standard security measures to protect your personal information.

As long as Supercool has complied with the rules and adopted the measures mentioned in the previous section, it is not responsible for illegal interceptions or violations of its systems or databases, nor for their use by unauthorized persons. Supercool is also not responsible for the improper use of the information obtained by these means.

  1. Changes in the Privacy Statement

Supercool will make regular updates to the Privacy Statement to reflect the constant changes in the services we offer. These updates will transparently reflect the way personal information is treated. We will notify you of these changes through our usual channels, such as email or messages through the applications.

  1. Applicable Law and Jurisdiction

The Privacy Statement will be governed by the laws of the United Mexican States. In the face of any controversy or divergence related to the interpretation, validity or compliance with these, you and Supercool declare that you submit to the exclusive jurisdiction of the competent authorities of Mexico.