COMPREHENSIVE PRIVACY NOTICE FOR CANDIDATES FOR EMPLOYMENT
In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, its Regulations, the Privacy Notice Guidelines, and other applicable legislation in Mexico (“the Law”), Tequila Orendain de Jalisco, S.A. de C.V., commercially known as (“Destilería Orendain”) with an address at Calle Tabasco, Num. Ext. 208, Tequila Centro, Tequila, Jalisco, C.P. 46400, and the website www.destileriaorendain.com (“Portal”), is the entity responsible for the processing of your personal data, the use thereof, and its protection, observing at all times the principles of legality, quality, consent, information, purpose, loyalty, proportionality, and responsibility provided in the Law. Therefore, Destilería Orendain makes this Privacy Notice (“Notice”) available to you, so that you, as the Data Subject, are aware of the scope and conditions of the Processing of your Personal Data, guaranteeing your right to informational self-determination.
DEFINITIONS
Privacy Notice: This document that we make available to you, whether physically, electronically, or in any other format.
Personal Data: Any information concerning an identified or identifiable individual.
Sensitive Personal Data: Those personal data that affect the most intimate sphere of their Data Subject, or whose misuse could lead to discrimination or entail a serious risk for them.
ARCO Rights: The rights of the Data Subjects, consisting of Access, Rectification, Cancellation, and Opposition to their Personal Data.
Days: Business days.
Processor: The individual or legal entity that alone or jointly with others processes Personal Data on behalf of Destilería Orendain.
Law: Federal Law on Protection of Personal Data Held by Private Parties.
Regulation: The Regulation of the Federal Law on Protection of Personal Data Held by Private Parties.
Responsable: Persona física o moral de carácter privado que decide sobre el tratamiento de tus Datos Personales, que para efectos del presente Aviso de Privacidad será Destilería Orendain.
Controller: Private individual or legal entity that decides on the processing of your Personal Data, which for the purposes of this Privacy Notice will be Destilería Orendain.
Data Subject: The individual to whom the Personal Data belongs.
Processing: The obtaining, use, disclosure, or storage of Personal Data by any means. The use includes any action of access, management, utilization, transfer, or disposal of Personal Data.
Transfer: Any communication of data made to a person other than the Controller or Processor of the Processing.
PERSONAL DATA COLLECTED
Personal identification data, contact details, family data, employment data, physical characteristics data, academic data, life habits and interests data, immigration data of you and your family (in the case of foreigners or for working abroad), biometric data, technical data on the device(s) you use to access our platforms and/or technological tools, asset and/or financial data, and data related to your relatives. By providing personal data related to your relatives, you acknowledge having their consent for Destilería Orendain to process their data to contact them and assign them as beneficiaries in the management of insurance.
SENSITIVE PERSONAL DATA COLLECTED
We inform you that, if necessary due to the nature of the employment relationship intended to be formalized with you, and to fulfill the purposes described in this Privacy Notice, sensitive personal data related to your health status, related to COVID-19 and/or any other disease that classifies you as a vulnerable group, as well as information related to behaviors you have performed that are directly linked to the detection and attention of COVID-19, will be processed. If applicable, we may obtain through transfer the results of COVID-19 detection and IGG anti-COVID-19 antibody tests that the laboratory with which we have an agreement shares with us for the purposes described in this Privacy Notice. We inform you that the processing of such data is necessary to fulfill the obligations arising from the legal relationship between you and Destilería Orendain, which is why your consent is exempted. Additionally, image in video or photograph, voice recordings, digital signature, tax information, fingerprint (as applicable), facial recognition (as applicable), asset or financial data such as: name of the holder of debit and credit cards, expiration dates of debit and credit cards, and debit and credit card numbers, as well as credit history will be collected.
HOW WE COLLECT YOUR PERSONAL DATA
Personal Data will be obtained directly by any of our agents, representatives, legal representatives, recruiters, technological systems, and computer applications, either in person or through the internet. Destilería Orendain collects your Personal Data when you make any inquiry or request in person or through technological means, when exchanging emails, calls, or video calls with our agents, representatives, legal representatives, recruiters, or authorized processors, when you exercise your ARCO Rights, when we conduct labor audits, when you visit our facilities, our websites, and social networks of Destilería Orendain, when Data Subjects provide your Personal Data as a personal reference, when we request a consultation regarding your work, academic, and educational background, when we collect your Personal Data through registration of the pages and advertisements you access, or manage an advertising campaign, when you access the websites, collectively, our “Digital Properties”); provided that such Digital Properties establish that this Privacy Notice is applicable. In the case of biometric controls, your Personal Data will be physically required at our facilities.
This Privacy Notice also applies when you attend our offices located in Mexico, either because you provide us with your data for any purpose or because they are obtained through our video surveillance systems. Any person entering Destilería Orendain’s facilities may be videotaped and/or photographed by our security cameras. The images captured by the closed-circuit television system cameras will be used for your security and that of the people who visit us, for the purpose of remotely monitoring the premises and confirming any risk condition in real-time to minimize it. Additionally, to safeguard material and human resources within our facilities. The images are intended to carry out access control to our corporate facilities. Videotapes and/or photographs are stored for a period of 30 calendar days.
PURPOSES OF PERSONAL DATA PROCESSING
Primary Purposes
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- To manage access to the Destilería Orendain Job Portal section (hereinafter, “portal”), we will use your personal data to register and manage an access account to the portal;
- To fill out your job application;
- To verify and confirm your identity, including spouse and family or personal references;
- To verify that you have the experience, knowledge, health status, physical condition, skills, and abilities to perform the job according to the position profile requirements for which you are applying;
- To conduct an interview
- To conduct psychometric tests;
- To conduct socioeconomic studies and validate your financial and/or credit history;
- To request work and/or personal references;
- To validate your academic data, national or foreign;
- If applicable, to prepare an economic offer;
- To contact you and inform you about the recruitment and selection process;
- To manage your access to Destilería Orendain’s facilities, if necessary; (xiii) To obtain information related to your health status (symptoms, illnesses, care);
- If applicable, to allow you to visit a laboratory for a COVID-19 detection test and IGG anti-COVID-19 antibodies;
- n case you are hired, Destilería Orendain will use the personal data you provide to create your employment file;
- Integration and custody of files;
- Statistics and historical record of candidates;
- If applicable, make a job offer. We inform you that you cannot object to Destilería Orendain ceasing the processing of your data for the primary and necessary purposes mentioned above, as the processing is necessary to fulfill obligations arising from the relationship or services intended to be maintained between you and Destilería Orendain.
Secondary Purposes:Additionally, Destilería Orendain will process personal data for other purposes:
- To contact you to invite you to participate in surveys;
- To contact you to inform you of new vacancies;
- To contact you to send communications through emails, phone calls, and other physical and/or electronic communication means containing information for advertising, recruitment, or hiring purposes;
- To contact you to send communications through emails and other electronic communication means containing relevant information about news;
- To create and maintain a database for future job opportunities with the Controller; and to promote your resume with third parties for future job opportunities. In case you do not want the provided Personal Data to be used for the secondary purposes, you must express your refusal through the exercise of the ARCO Rights described here. The exercise of your ARCO Rights concerning these purposes cannot be a reason for Destilería Orendain to terminate the employment relationship with you. For the purposes established in this section, the data subject has 5 business days to express their refusal after starting the employment relationship; regardless of these days, at any time during the processing, the data subject may express their refusal through the ARCO Rights.
Your Personal Data, including Sensitive Personal Data, Asset Data, Financial Data, and Biometric Data, will be stored in Mexico in strict compliance with the purposes established here.
REMISSION OF YOUR PERSONAL DATA TO OUR SUPPLIERS.
Destilería Orendain may remit all or part of your personal data to service providers that support us in some process, for example:
- companies that provide us with hosting, advertising, candidate profile review services, creation or management of databases or computer and digital platforms for file management;
- other entities that support us in accounting, tax, or extrajudicial collection matters;
- insurance agents; and
- legal representatives; among others. Your personal data will be remitted exclusively for the purposes mentioned in this Privacy Notice, and we commit to taking the necessary measures for these third parties to safeguard your personal data.
DATA TRANSFERS
For the secondary purposes mentioned here, Destilería Orendain may transfer your personal data, including sensitive personal data and biometric data, to group companies, affiliates, subsidiaries, and controllers, as well as with third parties who may be potential employers, maintaining at all times an adequate protection of your personal data and ensuring the principles of the Law. You may exercise your right to object, following the procedure described in this Notice. To achieve the purposes indicated in this Privacy Notice, we may share your personal data with third parties such as:
- Subsidiary, affiliated, or controlling companies;
- Insurance companies;
- Authorities to comply with the requirements of applicable legislation, including tax authorities;
- Potential employers, in the case of external applications. The foregoing is without prejudice to the rights you may exercise and is for the purposes mentioned in this Privacy Notice. For the cases mentioned here, we will not require your consent for the transfers, as the Law provides this exception in its Article 37.
RIGHTS OF DATA SUBJECTS
Under the terms of the Law, you have the right to access, rectify, and cancel your personal data, oppose the processing thereof, limit the use or disclosure of your data, as well as revoke the consent granted for the processing of these by sending an email to the email account [email protected], from 8:30 a.m. to 2:00 p.m. and 3:30 p.m. to 6:30 p.m. on working days, addressed to the person responsible for personal data. Said request must contain the following requirements:
- Name and address or other means to communicate the response;
- Documents proving identity or legal representation;
- Clear and precise description of the personal data subject to the request;
- Any other element that facilitates the location of the personal data;
- In the case of rectification requests, the modifications to be made and provide the documentation supporting the request. The procedures and terms will be processed according to the Law. The resolution will be communicated within 20 business days from the receipt of the request and will be effective within 15 business days following the communication of the resolution.
In the case of requests for access to personal data, delivery will be done through simple copies, email, or other means to be agreed upon
SECURITY MEASURES
Destilería Orendain has implemented security measures to protect your personal data, preventing unauthorized access, use, disclosure, alteration, or destruction, including technical, physical, and administrative measures according to the Law.
CHANGES TO THE PRIVACY NOTICE
Destilería Orendain reserves the right to make modifications or updates to this Privacy Notice. Any significant changes will be communicated through our website, emails, or other means.
For more information, please contact:
Privacy Officer:
Address: Calle Tabasco, Num. Ext. 208, Tequila Centro, Tequila, Jalisco, C.P. 46400