Privacy Notice

AWEN WELLNESS, S. de R.L. de C.V., its subsidiary companies, affiliates, and trusts belonging to the same business group, hereinafter referred to as (“WARE”), as the responsible party in charge of processing your personal data, states that for the purposes of this notice, its address is located at CALLE HOMERO 229, DEP MS3, POLANCO V SECCIÓN, ALCALDÍA MIGUEL HIDALGO, C.P. 11560.

WARE presents this privacy notice to comply with articles 15, 16, and other related provisions of the Federal Law on Protection of Personal Data Held by Private Parties.

WARE offers its clients products and services for consulting, supervision, and control of all types of construction work or engineering and architecture design; sale of all types of construction materials in general; administration, sale, and rental of all types of real estate, among others, and commits to treat this data under the strictest security measures to guarantee its confidentiality.

The CLIENT authorizes WARE to process their personal data in accordance with the purposes described below, for use during the development of the operations and services contracted. WARE will be responsible for protecting them while they are in its possession.

PERSONAL DATA RECEIVED FROM THE CLIENT

The CLIENT expressly agrees to provide WARE for processing, but not limited to, the following personal data:

a. General data of the owner: Last Name, Mother’s Last Name, First Name(s), Date of Birth, Taxpayer Registry Number (RFC), Gender, Nationality, Place of Birth, official identification, marital status, spouse’s name, patrimonial regime, unique population registration code (CURP), profession, occupation, email address. In the case of legal entities: articles of incorporation, RFC, proof of address, bank statements, INE, and legal accreditation of the legal representative.

b. Address: Street, exterior number, interior number, neighborhood, zip code, State, delegation/municipality, telephone, email.

SENSITIVE PERSONAL DATA. To comply with the purposes set forth in this Privacy Notice, WARE informs you that, but not limited to, sensitive personal data are collected and processed:

a. Financial and Banking Data. – The financial and banking data that may be requested include financial information, bank accounts, credit and debit card information, income and expenses, bank CLABE, RFC, references, and credit history.

b. Patrimonial Data: Information on movable and immovable property. For the treatment of Financial and Banking Data, your express consent is required by signing this privacy notice.

This data will be treated under the strictest security measures to guarantee their confidentiality. Other personal data, sensitive and non-sensitive, may be processed, which are not included in the above lists if such data are considered of the same nature and are not excessive with respect to the purposes for which they are collected. For the treatment of your Sensitive Personal Data, Financial and Banking Data, and Patrimonial Data, your express consent is required by signing this privacy notice.

PURPOSE OF PERSONAL DATA

The CLIENT consents to the use of their personal data by WARE for the PRIMARY PURPOSE of:

1. Identification, location, and contact with the owner.
2. Generate intermediation contract with the owner and/or developer.
3. Perform the deed process.
4. Generate purchase-sale, administration, or rental promise contracts or any other contract or preparatory agreement that needs to be entered into between THE CLIENT and WARE.
5. Other purposes necessary for the provision of the services requested by you.
6. Issuance of invoices and tax receipts.

SECONDARY PURPOSES

1. Conduct internal studies and processes.
2. Conduct quality surveys in service and customer care.
3. For marketing, advertising, or commercial prospecting purposes.
4. Comply with applicable legal and regulatory requirements.
5. If you do not want your personal data to be processed for these secondary purposes, you have a maximum period of 5 (five) business days to communicate this to the Contact Address: dmarquez@dewellopers.com
6. Refusal to use your personal data for these purposes shall not be grounds for us to deny the services and products you request or contract with us.

SECURITY OF PERSONAL DATA

In accordance with the provisions of the Political Constitution of the United Mexican States, within its article 16, as well as the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, WARE will implement the necessary technical, administrative, and physical security measures to ensure the integrity of your personal data and prevent its damage, loss, alteration, destruction, or unauthorized use, access, or processing.

Only authorized personnel designated by WARE and assigned as responsible for safeguarding your personal data may participate in the processing of your personal data. Authorized personnel are prohibited from allowing access by unauthorized persons and/or using personal data for purposes other than those established in this Privacy Notice. The confidentiality obligation of the individuals involved in the processing of your personal data remains in force even after the relationship with WARE has ended.

TRANSFERS

The CLIENT understands and accepts that WARE may transfer their personal data to WARE and to third parties contracted by WARE to perform certain tasks on its behalf related to commercial activities, promotion of products and services, and in general with activities related to WARE’s corporate purpose such as third-party developers, financial or credit institutions, advertising companies, insurers, and collection agencies.

Hereby, it is declared that WARE will transfer the information herein contained, when necessary, to the Secretariat of Finance and Public Credit, legal firms, Credit Bureau; in such cases, WARE will ensure that these third parties give the same treatment as stated herein. Third parties shall not have the authority to retransmit the information or use it for purposes other than those designated by the owner through WARE.

Your personal data may also be transmitted to Mexican Financial Authorities, for the purpose of complying with applicable laws and official requirements, authorities and institutions in the insurance and bonding sector to provide contracted services, as well as compliance with regulations on money laundering prevention, providing in this case the indispensable data; also to competent local and federal authorities when they are within the exceptions provided by the Law and its Regulations. In the case of transfers, treatment of your sensitive, financial, and banking personal data, your express consent is required by signing this privacy notice.

The transmission of personal data mentioned in the preceding paragraph includes the disclosure of information in a confidential database to third parties who may be participating in a project or business transaction with WARE, including implementation of systems, financing, insurance, or, where applicable, assignment of rights, debt collection, socioeconomic studies among others.

WARE may freely transmit the personal data of THE CLIENT to controlling companies, subsidiaries, or affiliates, to a parent company or to any company of WARE that operates under the same internal processes and policies.

LIMITATIONS ON INFORMATION DISCLOSURE

WARE undertakes not to transfer your personal information to third parties other than those mentioned in the previous paragraph without your consent, and in case THE CLIENT has consented to transfers, WARE will inform THE CLIENT through printed or electronic means of the purpose for which such information will be transferred to third parties; likewise, WARE will inform through the same means by which personal data were collected (physical address and email address) any changes made to the privacy notice.

Similarly, THE CLIENT undertakes to notify WARE of any changes regarding their physical address and/or email address, so that WARE can contact THE CLIENT to inform any changes or modifications regarding the contents of this privacy notice.

WARE will not need THE CLIENT’s consent to transfer their information to third parties in the following cases:

1. When the transfer is provided for in a Law or Treaty to which Mexico is a party.
2. When the transfer is necessary for medical prevention or diagnosis, the provision of medical care, medical treatment, or the management of health services.
3. When required by competent authorities in accordance with applicable legal provisions.

MEANS TO EXERCISE THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OBJECTION (ARCO) OF PERSONAL DATA

WARE has designated a personal data officer (the “Privacy Officer”); therefore, you may limit the use or disclosure of your personal data by communicating with the Privacy Officer at the following email address: dmarquez@dewellopers.com

You have the right to: (i) access your personal data in our possession and know the details of their treatment, (ii) rectify them if they are inaccurate or incomplete, (iii) cancel them when you consider that they are not required for any of the purposes indicated in this Privacy Notice, are being used for purposes not consented to, or the contractual or service relationship has ended, or (iv) oppose the processing of them for specific purposes, as provided by law (collectively, the “ARCO Rights”).

The ARCO Rights shall be exercised by submitting the corresponding request, which may be requested from the Privacy Officer at the above-mentioned email, naming the email as the “ARCO Request,” which shall be sent to the Privacy Officer at the Contact Address, accompanied by the following information and documentation:

1. Your name, address, and email address to communicate the response to the ARCO Request.
2. The documents proving your identity (copy of INE, passport, or any other official identification) or, if applicable, the documents proving your legal representation.
3. A clear and precise description of the personal data for which you seek to exercise any of the ARCO Rights.
4. Any document or information that facilitates the location of your personal data.
5. In case of requesting a rectification of data, you must also indicate the modifications to be made and provide the documentation supporting your request.
6. Indication of the place where we can review the originals of the accompanying documentation.

Your ARCO Request will be answered by email by the Privacy Officer within a maximum period of 20 (twenty) business days counted from the day your ARCO Request was received. In case the ARCO Request is answered affirmatively or deemed appropriate, such changes shall be made within a maximum period of 15 (fifteen) business days. The periods referred to in this paragraph may be extended once for an equal period if necessary.

It is important to inform you that WARE may deny access (the “Denial”) to you exercising your ARCO Rights in the following cases:

• When you are not the owner of the personal data, or your legal representative is not properly accredited to exercise your ARCO Rights on your behalf.
• When your personal data are not found in our database.
• When the rights of a third party are violated.
• When there is a legal impediment or the resolution of a competent authority that restricts your ARCO Rights; and
• When Rectification, Cancellation, or Objection has previously been carried out.
• In relation to the above, the Denial may be partial, in which case WARE will carry out access, rectification, cancellation, or opposition to the extent appropriate.

WARE will always inform you of the reason for its decision and will communicate it to you or, if applicable, to your legal representative, within the periods, by email, accompanying, if applicable, the relevant evidence.

The exercise of the ARCO Rights will be free of charge, subject to proof of your identity to the controller, but if you repeat your request within a period of less than twelve months, the costs will be three days of the Current General Minimum Wage in Mexico City, plus VAT, unless there are substantial modifications to the Privacy Notice that warrant new consultations. In all cases, the delivery of personal data will be free, except that you must cover the justified expenses of shipping or the cost of reproduction in copies or other formats.

THE CLIENT may revoke the consent granted to WARE for the processing of personal data that are not essential for the fulfillment of the obligations derived from the legal relationship that binds them, so that WARE ceases to use them. To do this, THE CLIENT must submit their request in the terms.

MECHANISM FOR REVOCATION OF CONSENT.

In case you decide to revoke your consent for WARE to stop processing your personal data, or oppose the transfer of such data, you must send a revocation of consent request to the Contact Address, and it must be accompanied in the email by the documents proving your identity (copy of IFE, passport or any other official identification) or, if applicable, the documents proving your legal representation and the indication of the place where the original documents are made available to us.

To know the procedure and requirements for revocation of consent, you may contact our Privacy Officer at the following email address: dmarquez@dewellopers.com

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter General Data Protection Regulation or “GDPR”), WARE undertakes to continue obtaining your express consent to acquire, process, and treat your personal data in accordance with the provisions of the GDPR.

COOKIE POLICY

When accessing the WARE website, the server saves the following information: the domain or IP address of the computer requesting access, the date of access, the HTTP response code, the website from which it enters, and the number of bytes transferred through the connection, browsing time on our website, sections consulted, and web pages accessed prior to ours. The information mentioned is obtained for system security purposes, as well as to monitor your behavior as an Internet user, provide you with better service and user experience when browsing our website, and offer you knew services based on your preferences. In some cases, WARE stores certain information on your PC through “cookies”. A “cookie” is a data file stored on the hard drive of the computer or communication device of a user when browsing a specific internet site, which allows for the exchange of state information between said site and the user’s browser. The use of “cookies” may reveal session identification means, authentication, or user preferences, as well as allowing WARE access to your system or personal data, unless you provide such information voluntarily. It is important to mention that the standard browser configuration allows the use of “cookies,” so you can disable this setting in your browser.

Our website may contain links or links to external websites and/or social networks that do not correspond to WARE and, therefore, have no relationship with us. We recommend reviewing and reading the privacy policies, as well as the terms of use of such external websites before using them. We do not assume any responsibility or risk regarding privacy issues, or any other legal issue related to any of its services.

This Privacy Notice and its changes will be published at the WARE offices and/or on the following website: www.warebaja.com.