The Data Processing Addendum applies to the Customer Data processed by Hexagon Data Group on behalf of the Customer pursuant to their contractual relationship and as set forth in this Agreement, if and to the extent that (i) the Federal Law on the Protection of Personal Data in the Possession of Individuals and its Regulation (“LFPDPPP”) applies or (ii) any other data protection law identified herein.
When we refer to “Hexagon Data Group”, “we”, “us”, or the “Company”, we mean Hexagon Data, S.A.P.I. de C.V., a company incorporated in Mexico, Hexagon Data Colombia, S.A.S., a company incorporated in Colombia, Agradecemos Tu Pago, S.A.P.I. de C.V., a company incorporated in Mexico, and its affiliates, meaning any entity that directly or indirectly controls, is controlled by, or is under common control, that processes personal data in accordance with the terms described herein. We have a legitimate interest in protecting the information that our Customers share with us.
The Customer accepts on its own behalf, and on behalf of its represented parties, what has been agreed in this document. This Addendum on Data Processing (the “Agreement” and/or “DPA”) is part of the Agreement between Hexagon Data Group and the Customer. It conveys the agreement between the parties regarding the processing of the Customer Data. The Parties agree to comply with the following provisions and aim to act reasonably and in good faith during the validity of this Agreement.
All capitalized terms not defined herein shall have the meaning set forth in this Agreement.
1.1 Relationship between the Parties. The Parties agree that in relation to the processing of the Customer Data, the Customer is the Controller and Hexagon Data Group is the Processor; who may assign sub-processors on the terms described herein.
1.2 Processing Details. Annex A sets out the object, nature and purpose of the processing by Hexagon Data Group, the duration, the types of data and categories of Data Subjects. Each party shall comply with the obligations under the data protection laws and regulations and this DPA.
1.3 Processing of personal data by the Customer. The Customer is responsible for obtaining the consent of the Data Subjects and informing them of the processing of the data; as well as, when possible, submit the data to anonymization or pseudonymization, before instructing us their processing. The Customer is responsible for the accuracy, quality and legality of the data and the means by which the Customer acquired these data.
The Customer commits to only share and/or give access to data collected by himself, or under request to his provider or authorized third parties, but that at all times is First Party Data. The Customer is the only responsible for these data. Hexagon Data Group disclaims any liability and/or claims that its provider or authorized third parties may make against the Customer, since all actions taken by Hexagon Data Group are at the Customer’s request and instructions.
1.4 Processing of Customer Data. Hexagon Data Group may process Personal Data on behalf of and according to the instructions of the Customer. We undertake to treat the data as Confidential Information, unless otherwise provided by the Customer.
1.5 Purposes of Processing. Hexagon Data Group’s Services are customized to the needs and interests of each Client, the specifications are inscribed in each corresponding Contract. In this regard, Hexagon Data Group only processes Customer Data in accordance with (i) the written instructions of the Customer (ii) the terms of this DPA, and (iii) any Contract and/or agreement between the Parties. Hexagon Data Group may process certain categories of personal data on behalf of the Customer for certain defined purposes as set forth in Annex A.
At all times the Data Subjects have the right to modify and/or revoke their consent to the processing of their Personal Data. Likewise, they have the right to be forgotten and all other rights that the corresponding regulation grants them. Hexagon Data Group undertakes to comply with, and to assist with, such regulations at all times.
In the event that Hexagon Data Group receives a request from a user and/or consumer, for whom the Customer is the Controller, to exercise their ARCO rights or any rights specific to their jurisdiction, Hexagon Data Group will notify the Customer. To the extent permitted by law, Hexagon Data Group will assist the Customer with appropriate technical and organizational measures to fulfill their obligation to respond to the Data Subject’s request under the Data Protection Laws and Regulations.
If the Customer or any interested third party would like to exercise their rights over Personal Data for which we are the Controller, they may exercise their rights by following the procedure explained in the section “MEANS TO EXERCISE YOUR RIGHTS” of our Privacy Notice.
Hexagon Data Group has a team of specialists, analysts and employees (the “employees”) trained to offer high quality Services to our Customers. We are committed to the protection of the data we process. Thus we implement internal measures for the processing of data and train the employees to process data according to the standards described in this Agreement. The following security measures are designed to protect the security and privacy of our Customers:
3.1 Confidentiality. We make sure that the team dedicated to the processing of data is informed of the confidential character of the Customers Data, receive suitable training on their responsibilities and sign written agreements of confidentiality. These confidentiality obligations survive the termination of their contract.
3.2 Access limitation. Access to Customers Data is limited to the employees who perform the Services in accordance with the Contract. In addition, each member is provided with a computer for the exclusive use during their relationship with Hexagon Data Group. Any work they perform with respect to the Service will be on Hexagon Data Group’s equipment.
3.3 Data Protection Officer. Hexagon Data Group has appointed a Data Protection Officer. The designated person can be contacted at privacy@hexagondata.io.
The Customer agrees and authorizes that Hexagon Data Group may engage third parties (the “Providers”) in connection with the provision of the Services, who shall be deemed to be Sub-Processors in accordance with this DPA. Hexagon Data Group signs a written contract with each Sub-Processor which contains obligations regarding the protection of personal data no less protective than those in this DPA. The list of Sub-Processor is set forth in Annex B.
In the event that Hexagon Data Group wishes to make a change of Sub-Processor, it will notify the Customer and must obtain his consent to make such change. The Customer may object to Hexagon Data Group’s use of a new Provider within 5 (five) days of notification. If the Customer fails to respond and continues to act in accordance with the Agreement, the proposal shall be deemed to be accepted.
When contracting the Provider we commit ourselves to :
a. to engage recognized and market-leading companies that implement security measures no less protective than those established in this Agreement to comply with data protection, insofar as they are applicable to the nature of the services provided by the Sub-Processor;
b. restrict the Sub-Processor’s access to the Customer Data only to the extent necessary to maintain or provide the services to the Customer;
c. Hexagon Data Group is responsible for compliance with the obligations of this Agreement and for any acts or omissions that a Sub-Processor may cause to breach any of the obligations contained herein, except as otherwise provided.
Hexagon Data Group implements appropriate technical and organizational measures to protect the security, confidentiality and integrity of the Customer Data.
5.1 Security measures. We establish and maintain administrative, technical and physical security measures to protect personal data against damage, loss, alteration, destruction or unauthorized use, access or treatment. We do not adopt security measures less protective than those we maintain for our information.
Security measures include: (a) anonymization and/or pseudonymization of personal data, to the possible extent; (b) we protect the security of your information during transmission to or from Hexagon Data Group websites, APIs, applications, products or services through the use of encryption software and protocols; (c) we create specific access keys for each party involved in data processing; (d) we adopt internal measures for the processing of data by the employees; and (e) we ensure that our Providers comply with the highest standards of data security and privacy, in accordance with applicable Laws.
5.2 Confidentiality. At all times, Hexagon Data Group will treat Customer Data as Confidential Information and ensures that all employees responsible for processing such data sign confidentiality agreements that will govern the access, use and treatment of Customer Data.
5.3 Management and notification of security incidents. In the event of security incidents, Hexagon Data Group will notify the Customer as soon as it becomes aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Data, including data that has been anonymized, transmitted, stored or otherwise processed by Hexagon Data Group or its Sub-Processors.
Hexagon Data Group will make reasonable efforts to identify the cause of any incident and will take the necessary and reasonable actions to remedy the cause to the extent within Hexagon Data Group’s reasonable control. The obligations set forth herein shall not apply to incidents caused by the Customer or the Customer’s users.
We transfer data the least possible. If we do so, it will be with our Providers, who are Sub-Processors under the terms described in the corresponding section within this DPA. The transfers we make are only those allowed by the Data Protection Laws and Regulations. Likewise we ensure that it is to jurisdictions that meet the same or higher security standards than those described in this Agreement.
During the contractual relationship with the Customer, we may store Customer Data in any of our databases. We undertake to only store the data that is strictly necessary and to delete it once the purpose for which it was collected has been fulfilled or until the legal deadline. Likewise, as far as possible and prior request, we undertake to return the Customer Data at the end of the contractual relationship.
We provide additional information about the privacy, collection and use of personal information of current and prospective Hexagon Data Group customers located in certain jurisdictions.
8.1 European Union: GDPR
Hexagon Data Group processes personal data, in the best of its abilities, in accordance with the requirements of the GDPR directly applicable to the provision of its Services and the needs of its Customers. The Customer specifically acknowledges that his use of the Services will not violate the rights of any Data Subject under the protection of the GDPR.
8.2 CCPA
Hexagon Data Group processes personal data, in the best of its abilities, in accordance with the requirements of the CCPA directly applicable to the provision of its Services and the needs of its Customers. Within or by virtue of our Services, we do not sell databases or Personal Data of the Customer nor its users and/or consumers. The Customer specifically acknowledges that its use of the Services will not violate the rights of any Data Subject who has chosen not to sell or disclose its Personal Data as applicable under the CCPA.
9.1 Modifications. We are constantly updating our policies to offer the best possible protection. Hexagon Data Group reserves the right to make modifications and adaptations to this Agreement. In the event we consider that there are substantial changes, we will notify you by posting a visible notice on our website or by any of the available means of communication. As the effective date it will be deemed to be accepted by you. We suggest constantly review our website during the term of our relationship.
9.2 Validity. This Agreement remains effective during the contractual relationship with the Customer. Any obligations or liabilities in force up to the termination date shall remain valid until they have been fulfilled.
This Agreement will be legally binding once made available to Customer. It will be understood that the Customer consents to the processing of his data, when having made this Agreement available to him, he does not express his opposition to it.
Hexagon Data Group processes Customer Data for the purpose of providing the Services to the Customer and as instructed by the Customer. Occasionally, Hexagon Data Group may require access to the Customer’s data sources. We will only access the data necessary to provide the contracted Services and under the Customer’s instructions.
In the event that, under the Contract, it is agreed that a cloud-based service will be given by a Provider (Amazon Web Services, Google or other), the parties acknowledge that any Personal Data processed within the cloud service shall be governed solely by the terms and conditions thereof as stipulated and modified from time to time by the Provider.
The purpose of processing Customer Data may be any of the following:
In accordance with the section on the validity of the DPA, Hexagon Data Group processes Customer Data during the validity of the contractual relationship with the Customer.
Hexagon Data Group collects the data by direct transfer from the Customer or by access to the Customer’s databases. At all times it is the Customer, either by itself or by an authorized third party, who collects the data. It is the Customer’s First Party Data.
The types of Personal Data may include, but are not limited to
The Customer Data is related to the following categories of Data Subjects:
Hexagon Data Group does not process sensitive data.
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