Rosen Law, S.C. is a Mexican law firm, and its attorneys practice Mexican law. Neither Rosen Law nor any of this attorneys practice California law. Ben Rosen is also admitted in Washington state and therefore occasionally my practices Washington law.
Privacy Policy
Disclaimer
Privacy Notice
I. Identity and Address of the Firm.
Rosen Law, S.C. (the “Firm”), in compliance with the provisions of the Federal Law on the Protection of Personal Data in Possession of Private Parties, its Regulations and the Guidelines of the Privacy Policy (the “Law”) and considering the principles of legality, quality, consent, information, purpose, loyalty, proportionality and responsibility, makes this privacy notice (the “Privacy Policy”) available to you. to make known the terms and conditions for the processing of personal data that the Firm may collect, use, store, transmit and/or transfer from time to time.
For the purposes of this Notice, the Firm indicates as its domicile the one located at Paseo del Estero S/N, Plaza los Portales L205, Zona Comercial Fonatur, San José del Cabo, Baja California Sur 23406, Mexico.
II. Personal Data.
For the purposes established in this Privacy Policy, the Firm may require the following personal information as well as the documents that accredit it (such as copies of passports, driver’s licenses, marriage certificates, proof of address, proof of tax status): full name, address, date and place of birth, nationality, citizenship, data of its representatives or legal representatives, place of residence, email, telephone, cell phone, general contact and identification information, institution or company to which you belong, unique population registration code (CURP), federal taxpayer registry (RFC), tax identification number or foreign social security number or other tax information, as well as the answers related to your identification contained in the know-your-client (KYC) and/or beneficial ownership questionnaire, and the banking information you provide to us (in the latter case, subject to our express consent and obtain from you), (hereinafter the “Personal Data”).
Sensitive Personal Data: The Firm may also require images of, for example, your official identification, marriage certificates, proof of address in the form of utility bills, bank statements and biometric data.
Through your relationship with the Firm, some of this data is collected directly from you, or indirectly such as by video recording at events, through digital document sharing and collaboration portals such as SharePoint, Teams, FileShare, GoogleDrive, DropBox or Clio Client Portal, meetings or conferences (online or face-to-face). Obtaining this data may also be required by legal or judicial mandate.
Data of third parties: whenever you provide us with information from a third party, you must (i) communicate this Privacy Policy to them in order to inform them about the scope and characteristics of the processing for the purposes described herein; and, (ii) only in cases where legally required by law, provide the Firm with a copy of the document evidencing the consent granted by such third parties.
III. Purposes of the processing.
Personal Data will be used to: (i) contact you; (ii) provide the legal services requested and/or contracted; (iii) create, upload and keep updated your profile in the Firm’s database, carry out collection, invoicing, administrative purposes and other activities of the relationship you will establish with the Firm, create databases to improve customer service, prepare reports, and other necessary within the internal operation of the Firm as a service provider; (iv) comply with the purpose of the relationship that has given rise to the processing of personal data; (v) comply with its obligations by virtue of a law, regulation, decree, rules, administrative provision, order, circular and other rules that are applicable to the Firm; (vi) provide information required by competent authorities as well as by notaries public, fiduciaries and other institutions subject to Mexican regulations for the prevention of money laundering (viii) verification of their identity and the performance of background checks against national and international sanctions lists, in order to carry out the commonly known process of screening or background check and activities related to regulatory compliance and Due diligence. These purposes are necessary in order to be able to comply with our legal and contractual obligations.
Secondary purposes: the Firm may use your Personal Data for purposes other than those that gave rise to the legal relationship with you. These purposes include offering you the services that the Firm provides, as well as sending you directly or through third parties, newsletters, legislative updates, or to inform you about events, news or current affairs, communications for advertising purposes, conducting surveys to measure satisfaction and/or quality of the services that the Firm provides, as well as to measure interests and their behavior through browsing on our website, use and browsing on our social networks, carry out actions to promote our brand, services or position our brand, commercial prospecting and for academic purposes or dissemination of legal knowledge.
If you do not wish your Personal Data to be used for any of the secondary purposes, please inform us of your refusal to info@RosenLaw.com.mx mail.
Whenever your Personal Data is no longer necessary for the fulfillment of the purposes described above and those provided for in the applicable legal provisions, they will be cancelled, under the terms provided for in this Privacy Policy and by Law.
IV. Transfer of your Personal Data
In order to comply with the purposes established in this Privacy Policy, the Firm may transfer, within and outside the national territory, all or part of your Personal Data in the following cases:
- With our business partners, contractors, service providers, suppliers, consultants, notaries, banking and fiduciary institutions, public brokerages, experts, translators, auditors, insurers, and/or advisors of any nature of the Firm;
- With authorities or regulators, in which case, the data to be transferred will only be those necessary to comply with regulatory or contractual requirements and always in compliance with this Privacy Policy;
- With auditors and/or acquiring companies of all or part of the business or businesses of the Firm and/or its related parties, or to other third party recipients of data by virtue of merger, acquisition or consolidation, for the purpose of perfecting the latter;
- In the cases of exception permitted by law; or
- In cases where such transfer is necessary in order to comply with legal, accounting, regulatory or contractual obligations for the Firm.
The above-mentioned transfers are necessary for compliance with our legal and contractual obligations. Likewise, we inform you that the Firm may send your personal data to third-party service providers necessary for compliance with the legal, accounting, regulatory or contractual obligations in charge of the Firm, as well as to third parties that provide services related to information technologies, operation and administration, maintenance and installation.
V. Security measures
The Firm has adopted the levels of security for the protection of personal data legally required by Law and the security measures are identical to those used by the Firm to store its own information. Likewise, due to the nature of the services provided by the Firm, all this information containing personal data is considered confidential.
VI. Means for access, rectification, cancellation and/or opposition to data processing (ARCO Rights).
In case you have any concerns or doubts about how the Firm processes Personal Data or if you wish to access, rectify, cancel or oppose the processing of Personal Data, please contact our Personal Data area, sending an email to info@RosenLaw.com.mx providing the information and attaching sufficient documentation to identify you as the owner of the Personal Data, therefore, your application must contain at least the following:
(1) Full name and email address and, if not fully informed, the application will be deemed not to have been received.
(2) The document that proves your identity or the identity and personality of your representative, if applicable (e.g. copy of valid official identification). The representative must prove the identity of the holder, the identity of the representative, and his powers of representation by means of a public instrument or power of attorney signed before two witnesses, or a written statement in personal appearance of the holder;
(3) The clear and precise description of the personal data that you wish to access, rectify, delete or object to (i.e. your request);
(4) Description of other elements that facilitate the location of your personal data.
The documents must be scanned and attached to the email to verify their veracity.
The Personal Data area will acknowledge receipt of your request. The petition will be analyzed in accordance with the Law and the corresponding response will be given no later than 20 business days after the day on which it has been received, to the email address used to carry out the request.
If appropriate, it will be effective within 15 working days after we communicate our response. If you are not satisfied with the notified response, you will have a period of 20 working days to contact us, indicating your disagreement or concern, in order to resolve the situation. The Firm may extend the deadlines referred to in this paragraph, only once, for a period equal to the original, which will be communicated to it.
Please note that certain Personal Data may be exempt from such access, rectification, deletion, copying, and deletion in accordance with the Law. The Firm may deny the request to exercise its ARCO Rights in the cases allowed by Law. The reason for such a decision will be communicated to you. Our refusal may be partial, in which case the Firm will access, rectify, cancel or oppose the appropriate part.
appropriate part.
VII. How You Can Revoke Your Consent.
To revoke your consent to the processing of your Personal Data, you must send an email to info@RosenLaw.com.mx . However, not in all cases will we be able to respond to your request and conclude the processing of your personal data immediately, since it is possible that due to some legal obligation we may require you to continue processing your Personal Data. Please also note that the revocation of your consent may result in the impossibility of continuing with the provision of our services.
VIII. How you can limit the use or disclosure of your Personal Data.
You may limit the use or disclosure of your Personal Data to prevent it from being used or disclosed for purposes other than those for which it originated or are necessary for your legal relationship with the Firm. If you wish to limit the use or disclosure of your Personal Data, you will need to send an email to info@RosenLaw.com.mx, in order to be registered on an exclusion list that will be formed by the Firm.
IX. Changes to the Privacy Policy.
This Privacy Policy may be modified to implement improvements, additional security measures, legal requirements, updates required by the Firm for the purposes of use of personal data and/or for issues inherent to the Firm’s operation as a legal service provider. Any modification to it will be published on the website www. Rosen Law.com.mx . The amended Privacy Policy will take effect seven business days after its publication.
X. Consent.
If you do not agree with this Privacy Policy, you must refrain from providing your personal information, from using or requiring the services of the Firm and from entering, browsing and/or using the functions and services of the Firm’s website. Your consent to the processing of your personal data in accordance with the terms set forth herein will be deemed to have been granted tacitly, understood as tacit consent when this Privacy Policy has been made available to you, and you do not express any opposition. Likewise, we will understand any submission of information, as well as your access to and use of our platforms and/or services, or participation in our forums and events as a manifestation of your consent and acceptance of this Privacy Policy.
Whenever required by law, with respect to certain types of personal data, the Firm must take positive and affirmative steps to obtain your consent. Your consent to the processing of personal data in accordance with the terms set forth herein will be deemed to have been expressly granted when any of the following occurs: i) you sign a copy of this Privacy Policy, or ii) by signing any contract, service proposal or engagement letter that refers to it, or (iii) expressly agrees by clicking or checking a box that we will enable on our webpage or software platforms (so that this requirement is clearly and unequivocally complied with), or (iv) any mechanism or procedure permitted by law. By agreeing to it (tacit or express, as applicable), you also consent to any transfer of personal information that may be made by the Firm in accordance with the terms of this Privacy Policy.