This document constitutes the Privacy Notice for the purposes set forth in the Federal Law on the Protection of Personal Data Held by Private Parties currently in force, as well as the provisions derived from or related to it. This Privacy Notice applies to the personal information collected about the Data Subject by Fertility Center Cancun, S.A.P.I. de C.V., in its capacity as the Data Controller.
For the purposes of this Notice and in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties, the following terms shall be understood as:
a) Privacy Notice – A physical or electronic document generated by the Data Controller that is made available to the Data Subject prior to the processing of their personal data.
b) Personal Data – Any information concerning an identified or identifiable natural person.
c) Sensitive Personal Data – Those personal data that affect the most intimate sphere of the Data Subject, or whose misuse could result in discrimination or pose a serious risk to them.
d) ARCO Rights – Refers to the rights of Access, Rectification, Cancellation, and Objection that, in accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties and subject to the exceptions established therein and in this Privacy Notice, every Data Subject has in relation to the Personal Data collected by the Data Controller and/or its Processors, as described below:
i. Right of Access – This is the right of the Data Subject to know about the Personal Data related to them held by the Data Controller or its Processors, as well as to whom such data has been shared and for what purpose.
ii. Right to Rectification – Each Data Subject has the right to have their Personal Data rectified when it is inaccurate or incomplete.
iii. Right to Cancellation – Each Data Subject has the right to request at any time the deletion of their Personal Data. This will take place after a blocking period. Blocking implies the identification and preservation of Personal Data once the purpose for which it was collected has been fulfilled, with the aim of determining any potential liabilities related to its processing, up to the legal or contractual limitation period. During this period, the Personal Data shall not be subject to processing, and once it ends, the data will be deleted from the corresponding database or file. Once the data has been cancelled, the Data Controller shall notify the Data Subject accordingly. In the event that the Personal Data was previously transferred before the date of rectification or cancellation and is still being processed by third parties, the Data Controller shall inform such third parties of the request for rectification or cancellation so that they may also comply accordingly.
iv. Right of Objection – The Data Subject has the right at all times to request, provided there is a legitimate reason, that the Data Controller ceases the processing of their Personal Data.
e) Data Controller – Refers to the individual or legal entity that decides on the processing of the Data Subject’s Personal Data, in this case FERTILITY CENTER CANCUN, S.A.P.I. DE C.V.
f) Processor – Refers to the individual or legal entity that alone or jointly with others processes Personal Data on behalf of the Data Controller.
g) Data Subject – The natural person to whom the personal data belongs.
The Data Subject shall be deemed to have tacitly consented to the processing of their data when, having been made aware of the Privacy Notice, they do not express their objection.
For the purposes of Article 17 of the Federal Law on the Protection of Personal Data Held by Private Parties, the Data Subject declares that:
i. This Privacy Notice has been made known to them by the Data Controller.
ii. They have read, understood, and agreed to the terms set forth in this Privacy Notice, and therefore grant their consent to the processing of their Personal Data for purposes of the Federal Law on the Protection of Personal Data Held by Private Parties and other applicable legislation. In the event that the collected Personal Data includes sensitive or financial Personal Data, whether in printed format or using electronic means and their corresponding consent-forming processes—such as, but not limited to, the provision of Personal Data through dialogue boxes, or the viewing and scrolling through on-screen terms and conditions—these actions constitute the Data Subject’s express consent in accordance with the second paragraph of Article 8 of the Federal Law on the Protection of Personal Data Held by Private Parties and other applicable laws.
iii. They grant their consent for FERTILITY CENTER CANCUN, S.A.P.I. DE C.V., or its Processors, to transfer Personal Data to national or foreign third parties, with the understanding that the processing such third parties give to their Personal Data must adhere to the provisions of this Privacy Notice.
If the Data Subject does not object to the terms of this Privacy Notice within 48 hours of it being made available to them, its content shall be deemed accepted and consented to, in accordance with the third paragraph of Article 8 of the Federal Law on the Protection of Personal Data Held by Private Parties. The Data Subject may revoke their consent at any time, without retroactive effects, in accordance with the terms and procedures set forth later in this Privacy Notice.
Notwithstanding any provision of this Privacy Notice, the Data Subject acknowledges that their consent will not be required for the processing of Personal Data by the Data Controller or third parties in any of the cases set forth in Article 10 of the Federal Law on the Protection of Personal Data Held by Private Parties.
This Privacy Notice aims to establish the terms and conditions under which FERTILITY CENTER CANCUN, S.A.P.I. DE C.V., or the Data Processor designated by FERTILITY CENTER CANCUN, S.A.P.I. DE C.V., whether through its website http://www.fertilitycentercancun.com.mx or within the facilities of FERTILITY CENTER CANCUN, S.A.P.I. DE C.V., will receive and protect the Data Subject’s Personal Data, in order to safeguard their privacy and right to informational self-determination, in compliance with the Federal Law on the Protection of Personal Data Held by Private Parties; (ii) will use the Data Subject’s Personal Data; and (iii) will, where applicable, transfer the Personal Data to third parties.
These purposes include, but are not limited to, the following:
1. Data Subject’s Identifying Information:
i. Full name, age, place and date of birth, marital status, gender, city, country of residence, occupation, phone numbers, CURP, RFC, email address, and in the case of foreign nationals, immigration form (Temporary or Permanent Residence), national military service card (if applicable), among others.
ii. Proof of address: such as utility bills (water, property tax, or electricity), credit report issued by a credit reporting agency. In the case of job applicants, other documents may be requested such as birth certificate, academic transcripts, retirement fund account statement (AFORE), tax withholding form, medical records, and psychometric or socioeconomic assessments conducted by FERTILITY CENTER CANCUN, S.A.P.I. DE C.V.. Information about relatives, dependents, or beneficiaries may also be requested, including name, date of birth, address, phone number, and supporting documents such as birth or marriage certificates.
iii. The website http://www.fertilitycentercancun.com.mx and related services from FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. and its providers require cookies enabled in your internet browser for proper functioning. Cookies are small data files transferred by the website to your computer’s hard drive while browsing. Cookies can be session-based (deleted after the session ends) or persistent (remain on the device until deleted or expired).
Most browsers accept cookies automatically by default, but you may change your settings to allow or reject them. Disabling cookies may impair certain features of FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. websites or cause them to display incorrectly. If you prefer to delete cookies sent by FERTILITY CENTER CANCUN, S.A.P.I. DE C.V., you may do so at the end of each browsing session. Relevant information is available from the major internet browser providers.
iv. Use of web beacons (also known as internet tags, pixel tags, or clear GIFs): FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. may use web beacons on its websites and HTML-formatted emails, alone or in combination with cookies, to collect information about website usage and email interaction. A web beacon is a small electronic image (1×1 pixel or GIF) that can recognize data processed on your computer, such as cookies, and track the time and date that a website or its sections were viewed. Email links from FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. may include tracking functionality that lets the company know whether you clicked and visited the linked page, which may then be added to your profile.
v. Personal Data that FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. obtains from commercial sources may be used in combination with data collected through its websites.
The Data Controller may also collect Personal Data from public sources and from other market-available sources where the Data Subject may have consented to share their personal information, in order to carry out the following services:
i. Provision of medical and hospital services, including but not limited to hospitalization, surgery, diagnostic studies, nursing care, pharmaceutical services, blood bank services, hemodialysis, oncology treatments, laboratory analysis, radiology and imaging, pathological studies and analysis, therapy, rehabilitation, diet and nutrition, and other healthcare-related purposes.
ii. Creation, study, analysis, updating, and maintenance of the clinical file.
iii. Billing and collection for services rendered.
iv. Health information studies, records, statistics, and analysis.
v. Maintenance of records for service follow-up, future services, and ongoing monitoring of contractual relationships.
vi. Statistical and market analysis.
2. Sensitive Personal Data of the Data Subject:
i. Collection of clinical history, laboratory results, diagnoses or clinical conditions, family hereditary history, personal pathological history, allergies, restrictions, gamete donor status, emergency contact information, certificates issued by physicians or medical/health institutions, collectively referred to as “Sensitive Personal Data.” FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. does not collect or process “Sensitive Personal Data” through its website.
3. Physical Characteristics of the Data Subject:
i. Video recordings and/or photographs obtained through internal camera systems upon entering our facilities, skin, eye, and hair color, scars or distinguishing features, all of which fall under “Personal Data.”
4. Financial Data of the Data Subject:
i. Name of the account holder, financial institution, card number, security code, expiration date—all contained in credit and/or debit cards.
FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. may need to share your Personal Data with service providers for database management and administration, automated processing and storage of Personal Data, email authentication and validation, hiring services, auditing services, and other services of a similar nature.
Upon reading, understanding, and agreeing to the terms set forth in this Privacy Notice, the Data Subject expresses their consent for the Data Controller or any Data Processor to transfer Personal Data to national or foreign third parties, with the understanding that the treatment given to the Data Subject’s Personal Data by such third parties must adhere to the provisions established in this Privacy Notice.
The Data Subject acknowledges and accepts that the Data Controller does not require the Data Subject’s authorization or confirmation to carry out national or international transfers of Personal Data in the cases provided for under Article 37 of the Federal Law on the Protection of Personal Data Held by Private Parties or in any other exception provided by said law or other applicable legislation.
The Data Controller and/or its Data Processors will retain the Data Subject’s Personal Data for as long as necessary to process their requests for information, products, and/or services, and to maintain accounting, financial, and audit records in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties and the applicable commercial, tax, and administrative legislation.
The Personal Data collected by the Data Controller and/or its Data Processors will be protected by appropriate administrative, technical, and physical security measures to prevent damage, loss, alteration, destruction, or unauthorized use, access, or processing, in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties and its related administrative regulations.
Notwithstanding the above, FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. does not guarantee that unauthorized third parties cannot gain access to the physical or logical systems of the Data Subject or the Data Controller, or to the electronic documents and files stored in such systems. Consequently, FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. shall not, under any circumstances, be held liable for any damages or losses resulting from such unauthorized access.
FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. may disclose your Personal Data to comply with applicable legal provisions or upon request of a competent authority, as well as to carry out the purposes for which the data were collected. Therefore, it may conduct national or international data transfers, and may also transfer data to service provider entities in order to fulfill the stated purposes, except for Sensitive Personal Data, which requires your express authorization to be disclosed, in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties.
To exercise ARCO Rights (Access, Rectification, Cancellation, or Opposition), the Data Subject or their legal representative must submit a written request for access, rectification, cancellation, or opposition, including the following information and documentation:
i. The name of the Data Subject and an address or other means to communicate the response to their request.
ii. Documents proving their identity (a simple copy, in printed or electronic format, of their voter ID, passport, or Temporary or Permanent Residency Card), or, if applicable, proof of legal representation (a simple copy, in printed or electronic format, of a power of attorney signed by the Data Subject and the representative, along with their respective official identifications: voter ID, passport, or Temporary or Permanent Residency Card).
iii. A clear and precise description of the Personal Data regarding which they seek to exercise any of the ARCO Rights.
iv. Any other element or document that facilitates the location of the Personal Data of the Data Subject.
In the case of requests for the rectification of Personal Data, the Data Subject must also indicate the modifications to be made and provide documentation supporting their request.
To receive, register, and process requests to exercise the rights of access, rectification, cancellation, and opposition to Personal Data, as well as to limit the use or disclosure of such data and to exercise other rights provided by the Federal Law on the Protection of Personal Data Held by Private Parties, please contact:
Email address: [email protected]
The Data Controller or its Processors will respond to the respective Data Subject within a maximum period of twenty business days from the date on which the request for access, rectification, cancellation, or opposition is received, informing them of the determination made so that, if appropriate, it may be enforced within fifteen business days following the date on which the response is communicated. In the case of requests for access to Personal Data, the Data Controller or its Processors will provide the information upon verification of the identity of the applicant or their legal representative, as applicable.
The aforementioned time periods may be extended only under the terms of the Federal Law on the Protection of Personal Data Held by Private Parties, in accordance with Article 32 of said law.
The delivery of Personal Data will be free of charge; the Data Subject will only be required to cover justified shipping costs or reproduction expenses for copies or other formats.
For requests regarding the cancellation of Personal Data, in addition to the provisions of this Privacy Notice, the terms of Article 26 of the Federal Law on the Protection of Personal Data Held by Private Parties shall apply, including the exceptions to the cancellation of Personal Data outlined therein.
FERTILITY CENTER CANCUN, S.A.P.I. DE C.V. reserves the right to periodically update this Privacy Notice in order to reflect changes in our information practices. It is the responsibility of the Data Subject to periodically review the contents of this Privacy Notice on the website www.fcc.com.mx.
The Data Controller will interpret that, unless otherwise expressly indicated, the Data Subject has read, understood, and agreed to the terms set forth, which constitutes their consent to the changes established in such updates regarding the processing of their Personal Data for the purposes of the Federal Law on the Protection of Personal Data Held by Private Parties and other applicable legislation.
