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PRIVACY NOTICE

DUFREI S.A.P.I de C.V. Updated on July 24, 2024

DUFREI S.A.P.I. de C.V. (“DUFREI”), with address at Calle Fuente de Tirol 41, Lomas de Tecamachalco, Ciudad de México, Huixquilucan, 52780, State of Mexico, Mexico, in its capacity as responsible for the processing of your Personal Data (as defined below), makes available to you this privacy notice (the “Privacy Notice”) in accordance with the Federal Law on Protection of Personal Data Held by Private Parties (the “Law”), its Regulations (the “Regulations”) and the Guidelines of the Privacy Notice (the “Guidelines”).

DUFREI is a commercial company legally incorporated in accordance with the laws of the United Mexican States whose main activity is the provision of logistics intermediation services and additional services to dispatchers and to individuals or legal entities that offer the service of transportation of merchandise, this is done through an internet system, and in general any other provision of service related to or derived from the foregoing.

(a) Purpose.

We inform you that your personal data will be used for the purpose of carrying out the operations inherent to our business, as well as any activity derived from the existing legal relationship or that may exist between you and DUFREI, including (i) identification and verification of the identity of current or potential customers or suppliers, (ii) offering services, products, promotions and events of our own or of commercial partners, (iii) delivery of information and products acquired, (iv) conducting market studies and analysis to know the preferences of our current or potential customers and suppliers, to generate statistical reports, (v) know the patterns of consumption, supply or trends in the segment of consumers or suppliers of our products or services, (vi) address questions, complaints and suggestions or any procedure related to our service, (vii) billing of payments and processing of collections, (viii) receipt of invoices from suppliers, (ix) identify service history, (x) for the prevention of fraud, identity theft and to generally protect the information of other customers, suppliers and related parties, (x) administration of applications and websites, (xi) conduct surveys on the quality of our services, (xii) to comply with applicable legislation, as well as requirements of federal and local authorities, and (xiii) the provision of services by DUFREI (collectively, the "Purposes").

With respect to suppliers, customers or other third parties (the “Clients”), to attend to the commitments generated by the respective contracts, the legal basis for the processing of the data being the contract itself; and

With respect to potential candidates to work at DUFREI (the “Candidates”), the possibility of participating in DUFREI's selection processes (current and future), expressly consenting to the processing of the data by sending their CV.

(b) Data Protection Officer (the "DPO")

Data Subjects may contact DUFREI’s Data Protection Officer, in case they do not want their Personal Data to be used for any of the Purposes or any other matter related to their privacy, through the following email address: [email protected].

(c) Limitation of use and disclosure of information.

At any time, you may limit the use and disclosure of your Personal Data by sending an email to the address mentioned in point (a) above.

We inform you that your Personal Data will be safeguarded at all times under the highest security standards, guaranteeing at all times, the strictest confidentiality and privacy thereof, adhering at all times to the provisions of the Law, its Regulations and the Guidelines.

(d) Information provided by customers, suppliers and related parties.

DUFREI will process the data in a lawful, loyal, transparent, adequate, relevant, limited, accurate and updated manner. That is why it undertakes to adopt all reasonable technical and organizational measures, so that they are deleted or rectified without delay when they are inaccurate, as well as, in general, all necessary measures to guarantee the security, confidentiality and integrity of the same and avoid its alteration, loss, treatment or unauthorized access.

To carry out the Purposes described in this privacy notice, DUFREI may collect the following personal data (the "Personal Data") in various ways through its internet portal at www.dufrei.com (the "Portal") or the mobile application ("DUFREI Driver"),  or Slack services namely:

  • Names of drivers, receivers at origin and destination, contact person, representative
  • Business Name
  • Tax information such as tax address and Federal Taxpayer Registry (RFC)
  • Address of customers, suppliers, origin, destination
  • Cell phone numbers, landlines and email addresses of people involved
  • Banking, payment and collection information.
  • Vehicle information such as license plates, identification numbers, characteristics of vehicles and trailers, circulation or service permits, load capacity.
  • Travel information such as position, speed, odometer, revolutions, altitude, fuel consumption
  • Information of the device accessing the website or mobile application (such as Operating System, Browser, location, IP address, failures, system settings, language, date and time)

In addition to the aforementioned data, and given the nature of our services as a SaaS platform for B2B that provides TMS and digital freight broker services, DUFREI may collect and process the following data:

  • Information related to the transportation and logistics operations of our clients, such as, but not limited to:
    • Freight details (type, weight, dimensions, hazard class)
    • Shipping and delivery addresses
    • Transportation routes and schedules
    • Tracking information
    • Documentation related to the transportation process (bills of lading, invoices, customs documents, etc.)

This information is essential for the proper functioning of our platform and the provision of our services. We guarantee that it will be treated with the utmost confidentiality and security, and will only be used for the purposes described in this Privacy Notice.

(e) Geolocation.

The Carrier expressly accepts that DUFREI may track its location during the performance of the corresponding Transportation Service by recording data of its real and/or approximate location through the use of built-in GPS geolocation systems, both in vehicles and in their mobile devices.

The Carrier expressly consents to the recording of location data, which may be carried out while the Carrier is using the DUFREI Platform and/or the "DUFREI Driver" Mobile Application, and may also record its approximate location even if the user is not using the Platform or its location in the background, in order to optimize the offer of loads, use of compliance tools, and improve and personalize the Transportation services for the User.

In this sense, DUFREI may use different technologies to determine the location, such as the identification of the IP address, the GPS system and the use of other sensors that the Carrier may provide to DUFREI (for example, information on nearby devices, Wi-Fi access points and mobile phone antennas).

The Carrier will know at all times that there are mobile applications, including that of DUFREI, that are proceeding to record their location data when the geolocation pilot located at the top of the screen of their mobile device is activated, which will remain active throughout the time in which their location is being recorded. The Carrier on their own equipment may decide to disconnect from the recording of location data by disconnecting the GPS system of their mobile device.

In the event that the Carrier is a legal entity, it expressly undertakes to communicate and inform its employees/workers/collaborators who make use of the DUFREI application through mobile devices owned by the company of the DUFREI Data Policy. Likewise, it is obliged to obtain their consent when so determined by current legislation on data protection. In particular, it will be obliged to provide them with the relevant information on the recording by DUFREI of the location data of the mobile device(s) in carrying out the loading in accordance with the provisions of the personal data protection regulations in force, which it undertakes to comply with in full. The mere use of the Platform by the User as a legal entity, directly or indirectly, implies the acceptance of this obligation on its part. The Carrier as a legal entity shall be liable for any claim or demand that may be filed by its employees or collaborators arising from the collection of personal and/or location data by DUFREI and/or the User's breach of its obligations to provide information on the processing of personal data.

(f) Transfer of personal data.

DUFREI undertakes not to transfer, share or transmit your personal data to third parties without your prior consent, except when (i) the transfer is necessary by virtue of a contract executed or to be executed in your interest, (ii) when the transfer is made between our subsidiaries, affiliates and/or our parent company and (iii) when the transfer is necessary for the fulfillment or maintenance of a legal relationship between you and DUFREI.

In the event of any transfer of personal data to any third party for the benefit of the customer, supplier or related party, we inform you that the information is anonymized so that it cannot be used for any purpose other than statistical. At the same time we inform you that said third parties assume the same obligations and responsibilities assumed by DUFREI, in terms of this Privacy Notice.

In the event that a user illegally harms directly or indirectly any customer, supplier, related party or DUFREI, including their information, the terms of this Privacy Notice will be applicable at DUFREI's discretion.

DUFREI informs that it uses the services of subprocessors for the provision of its services, which implies the international transfer of data. These subprocessors are:

  • Google: for services related to data storage, email and analytics.
  • Cloudinary: for image and video management services.
  • Hubspot: for marketing and sales automation services.
  • Slack: for communication and notification services.

These subprocessors are committed to complying with the applicable data protection regulations and offering adequate guarantees for the security and confidentiality of the information entrusted to them.

(g) Children's Privacy.

Only persons over the age of 18 are permitted to access our Service. Our Service is not directed at children under the age of 13 ("Children").

We do not knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian and you are aware that your children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.

(h) Security measures.

All information and personal data that you provide through the various forms, are duly protected by secure servers owned by DUFREI or third party professionals hired by us under various security protocols in order to prevent unauthorized access to your personal data and ensure that they are strictly used for the purposes described in this Privacy Notice.

During the process, bank details will be requested for which we offer you security and confidentiality of the data you provide and such data will not be shared with any third party.

DUFREI has implemented appropriate technical and organizational security measures to guarantee the confidentiality, integrity and availability of your personal data, in accordance with the best practices of the industry and the applicable regulations. These measures include, but are not limited to:

  • Access controls and user authentication.
  • Encryption of data in transit and at rest.
  • Secure storage of data in servers with high levels of physical and logical security.
  • Regular security audits and vulnerability analysis.
  • Implementation of a business continuity and disaster recovery plan.

(i) Cookies

DUFREI will obtain through cookies part of the User's Personal Data, understanding by cookies the data files that store information on the hard drive of computer equipment when browsing the internet, which allows the exchange of status information between said site and the User's browser.

The next time you enter the Portal or the "DUFREI Driver" mobile application o a Slack, we may use the information stored in the cookie for the sole purpose of facilitating your use of our website and/or mobile application. The user agrees to receive the cookies transmitted by DUFREI servers.

In addition to our own cookies, DUFREI uses third-party cookies from Google Analytics and Hubspot to obtain statistical information about the use of our website and to personalize the advertising content. These third parties may also collect information about your browsing habits on other websites.

You can disable the use of cookies through your browser settings. However, keep in mind that this may affect the functionality of our website and other websites that you visit.

(j) Exercise of ARCO Rights

You may exercise, personally or through a duly authorized representative, the rights of access, rectification, cancellation and opposition of your Personal Data ("ARCO Rights"), limit the use and disclosure of your Personal Data, as well as revoke the consent granted for the processing thereof. To do so, you or your representative may request from DUFREI, by email to the address mentioned in section (a) above, the delivery of a form in which you state your decision to exercise your ARCO Rights, accompanied by the following documentation or digitized information: (i) document proving your identity or, where applicable, the legal representation of the person acting on your behalf; (b) a clear and precise description of the Personal Data in respect of which you seek to exercise any of the ARCO Rights; (c) any other element or document that facilitates the location of your Personal Data; (d) clearly indicate whether the request is for access, rectification, cancellation or opposition to the Personal Data; and (f) the reason for the request.

DUFREI undertakes to respond to your request within 10 (ten) business days following the date on which the request was received. The request will be deemed to have been received on the day on which DUFREI acknowledges receipt of your request by email sent to your email address. The term may be extended by 5 (five) business days depending on the circumstances of the case.

The resolution adopted will be communicated to you by means of an email sent to the email address that the user has used to submit the request to DUFREI.

In the event that you wish to exercise your right of access to your Personal Data, the information requested will be provided by means of an email to the address you used to make the request. Likewise, in the event that DUFREI does not have the information requested, you will be informed of this circumstance through the means of communication referred to in this paragraph.

We also inform you that you can initiate the ARCO Rights Protection procedure before the National Institute of Transparency, Access to Information and Protection of Personal Data ("INAI") (formerly the Federal Institute of Access to Information and Protection of Personal Data), within 15 days following the date on which the data controller responds to your request and it is not satisfactory, or, if after the aforementioned period has elapsed, the data controller does not respond to your request.

(k) Changes to the privacy notice

We reserve the right to make modifications or updates to this privacy notice at any time, in order to address new legislation or jurisprudence, internal policies, new requirements for the provision or offering of our services or products and market practices. The changes referred to in this section will be published on the Portal, the "DUFREI Driver" mobile application and / or the installation page of DUFREI for Slack.

In the event that you do not agree with the modifications that may arise, you have the right to object to the processing of your Personal Data. In this regard, you should send an email to [email protected].

If at any time you consider that your rights regarding the protection of personal data have been violated, you have the right to go to the corresponding authority to defend their exercise.

(l) Consent.

The processing of your Personal Data by DUFREI will be subject to your express or tacit consent to the use of your Personal Data in accordance with the Purposes established in section (a) above. For the purposes of the Law, its Regulations and the Guidelines, tacit consent is understood as the user's lack of opposition to the obtaining, use, disclosure or transfer at the time when the terms and conditions of this Privacy Notice are made known to the user.

In accordance with the foregoing, we inform you that you have the right to revoke your consent at any time, for which you must send an email to the address referred to in section (a) above. In the event that you wish to revoke your consent, regardless of the manner in which it was granted, you must attach to the email the documents referred to in the first paragraph of section (g) above.

In this regard, DUFREI undertakes to respond to your request by email sent to the address used by the user within a period not exceeding 10 (ten) business days, which may be extended for a period not exceeding 5 (five) business days in cases where it is difficult to locate the user's Personal Data due to circumstances beyond DUFREI's control.

By using the DUFREI platform and/or our mobile application, you acknowledge that you have read and understood this Privacy Notice and consent to the collection, processing, transfer and storage of your personal data in the terms described herein.

(m) Personal Data Area

For any matter related to this Privacy Notice, the processing of your personal data and/or the exercise of your ARCO Rights, you will have the following options (i) go directly to the offices of DUFREI whose address has already been established; (ii) make your request in writing via email to our team at [email protected] from Monday to Friday from 9:00 a.m. to 4:00 p.m.


SOCIAL MEDIA PRIVACY POLICY

(a) Background Information.

DUFREI informs that it has proceeded to create a profile on the social networks or digital services mentioned in an enunciative but not limited manner and with the understanding that these names may change, Facebook, Twitter, YouTube, LinkedIn, Google+, Instagram, Pinterest, WhatsApp (the "Social Networks"), with the main purpose of publicizing its news, products and services.

(b) Social Media Profiles.

In the event that the User has a profile on any of the aforementioned Social Networks and decides to join the pages created by DUFREI, by joining our page, you expressly consent to the processing of those personal data published on your profile.

The User of the Social Networks may at any time access the privacy policies of the Social Network itself, as well as configure their profile to guarantee their privacy.

DUFREI has access to and processes the User's public information, in particular, their contact name. This data is only used within the Social Network itself. They are not incorporated into any file.

(c) User Rights

In relation to the rights of access, rectification, cancellation, limitation of processing, portability and opposition, they may be exercised before DUFREI S.A.P.I. de C.V., in accordance with current legislation on data protection. In this regard, the following nuances must be taken into account:

Access: Will be defined by the functionality of the Social Network and the ability to access information from user profiles.

Rectification: It can only be satisfied in relation to the information that is under the control of DUFREI, for example, deleting comments published on the page itself. Normally, this right must be exercised before the corresponding Social Network.

Cancellation and/or Opposition: As in the previous case, it can only be satisfied in relation to the information that is under the control of DUFREI, for example, no longer being linked to the profile.

DUFREI will carry out the following actions:

  • Access to public information on the User's profile.
  • Publication on the User's profile of all information already published on the DUFREI page.
  • Sending personal and individual messages through the channels of the Social Network.
  • Updates of the status of the page that will be published on the User's profile.

The User can always control their connections, delete content that no longer interests them and restrict who they share their connections with, to do so they must access their privacy settings.

(d) Publications

The User, once joined to the DUFREI page on the corresponding social network, may publish on the latter comments, links, images or photographs or any other type of multimedia content supported by the Social Network.

The User of the Social Networks may at any time access the privacy policies of the Social Network itself, as well as configure their profile to guarantee their privacy.

The User, in all cases, must be the owner of the same, enjoy the copyright and intellectual property rights or have the consent of the affected third parties.

It is expressly prohibited to publish any publication, whether text, graphics, photographs, videos, etc. that attempt or are likely to undermine morals, ethics, good taste or decorum, and/or that infringe, violate or infringe intellectual or industrial property rights, the right to image or the Law. In these cases, DUFREI reserves the right to immediately withdraw the content, and may request the permanent blocking of the User.

DUFREI will not be responsible for the content that a User has freely published.

The User must bear in mind that their publications will be known by the other Users, so they are primarily responsible for their privacy.

The images that may be published on the page will not be stored in any file by DUFREI, but they will remain on the Social Network.

(e) Contests and promotions

DUFREI reserves the right to carry out contests and promotions, in which the User joined to its page may participate. The rules of each of them, when the platform of the Social Network is used for this purpose, will be published on it, always complying with any other applicable regulations.

The Social Network does not sponsor, endorse or administer, in any way, any of our promotions, nor is it associated with any of them.

(f) Advertising

DUFREI will use the Social Network to advertise its products and services, in any case, if it decides to process your contact data to carry out direct commercial prospecting actions, it will always be in compliance with the legal requirements of current legislation on data protection.

It will not be considered advertising to recommend the DUFREI page to other users so that they too can enjoy the promotions or be informed of their activity.

Finally, we detail the link to the privacy policy of the Social Network:

Facebook: https://www.facebook.com/help/323540651073243/

Twitter: https://twitter.com/privacy

LinkedIn: http://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv

Google: http://www.google.com/intl/es/policies/privacy/

YouTube: https://www.youtube.com/t/terms