PRIVACY NOTICE

PROTECTION OF PERSONAL DATA

 

CardSwift PRO and Molusc™, located in Guadalajara, Jalisco, Mexico. In terms of the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares), the provision of your Personal Data to CardSwift PRO Molusc™ constitutes the acceptance of these Terms and Conditions.

The purpose of this Notice is the protection of your personal data through its legitimate, controlled, and informed processing, to guarantee its privacy, as well as your right to informational self-determination. In accordance with Article 3, section V, of the Federal Law on Protection of Personal Data Held by Private Parties, Personal Data is understood as: Any information concerning an identified or identifiable natural person.

CardSwift PRO Molusc™, in accordance with the provisions of section I of Article 16 of the Law, shall be responsible for the personal information of the Users (Personal Data). CardSwift PRO Molusc™ will make use of the data solely for the purpose of storing information that helps us provide a better service regarding the content and design of our platform. To carry out the purposes described in this privacy notice, we will use the following information: name, phone number, email, or physical address.

Should you require any changes as mentioned in the previous article, you must send an email to admin@cardswiftpro.com. In compliance with Article 29 of the Federal Law on Protection of Personal Data Held by Private Parties, such request must contain the following information: a) Your name and address or other means to communicate the response to your request; b) The documents that prove your identity or, where appropriate, the legal representation of the person making the request on your behalf; c) A clear and precise description of the personal data with respect to which you seek to exercise any of the rights mentioned in the previous paragraph, and d) Any other element or document that facilitates the location of your personal data. In case of requesting the rectification of personal data, you must additionally indicate the modifications to be made and provide the documentation supporting your request. The response to your request will be communicated to you within a period of twenty working days, counted from the date it was received in accordance with the provisions of Article 32 of the aforementioned Law, which may be extended for twenty more days in the cases established by the Law; so that, if applicable, the adopted measures are carried out to comply with your request, which will be executed within fifteen working days following the date on which the response is communicated.

We suggest you read and analyze the content of the Federal Law on Protection of Personal Data Held by Private Parties, as normative changes to which we are subject may occur.

CardSwift PRO Molusc™ utilizes various technologies to improve the efficiency of its websites, including your experience when navigating these sites. Among other technologies, this includes the use of cookies. Cookies are physical files of personal information hosted on the user’s terminal so that the server remembers certain information that can be used later. This information allows us to identify you and save your personal preferences to provide a better browsing experience. The user has the option to configure their browser program to prevent the creation of cookie files or to be warned of it.

In compliance with the provisions of Article 16, section VI, any change in this privacy notice will be published on the Platform, so it should be read constantly to stay informed of such changes.

If you choose to leave our Web Platform through links, banners, or buttons to websites not belonging to our entity, CardSwift PRO Molusc™ will not be responsible for the privacy policies of such websites or for the cookies they may store on the user’s computer.

TERMS AND CONDITIONS

 

We inform Users of the following Terms and Conditions of Use, which are applicable by the mere use of the Web platform and its functions, applications, and services, so we will understand that you accept them and agree to be bound by their compliance. If you do not agree with the Terms and Conditions of Use, you must refrain from accessing or using the Web Platform and the App.

CardSwift PRO Molusc™ reserves the right to modify the content of the Portal at its discretion at any time, without prior notice. The user, understood as the person who makes use or accesses through computer and/or communication equipment (hereinafter the “User”), agrees not to use devices, software, or any other means intended to interfere with the activities and/or operations of the Web Platform or the databases and/or information contained therein.

USE AND RESTRICTIONS

 

Access or use of the Web Platform expresses the User’s full and unreserved adherence to these Terms and Conditions. Through the Web Platform and the mobile App, CardSwift PRO Molusc™ makes available to the User technical linking devices (such as links, banners, buttons, among others) and search tools. CardSwift PRO Molusc™ shall have the right to deny, restrict, or condition the User’s access to the mobile App, totally or partially, at its sole discretion, as well as to modify the Services and Contents of the Platform at any time and without prior notice.

By accepting these terms and conditions of use, the User admits that they are at least 18 years old, or the legal age required in their country to be considered of legal age, and therefore has the legal capacity to bind themselves to these terms of use and conditions, for which CardSwift PRO Molusc™ is not responsible for the use of the Web platform by minors, disclaiming from this moment any controversy that may arise in this regard.

The use of the Services and Contents of the Web Platform is the exclusive responsibility of the User, who in any case must use them in accordance with the functionalities allowed on the Web Platform itself and the uses authorized in these Terms and Conditions of Use. The User is obliged to use them in a manner that does not violate the rules of use and coexistence on the Internet, the laws of the United Mexican States, and the legislation in force in the country where the User is located when using them, good customs, human dignity, and the rights of third parties. The Web Platform is for the individual use of the User, so they may not market the Services and Contents in any way.

The trademarks “CardSwift PRO Molusc™” and its creators are excluded from any responsibility that could be attributed to them due to dissatisfaction the User may experience in case the services offered through the digital platforms fail to meet the User’s expectations, since the content offered is not created or offered in a particular way, but generally, and its use is strictly confined to the nature of the service.

The User does not have the right to place hyperlinks within the Platform, to use the links contained in the Web Platform for a purpose other than that established in these Terms of Use, nor the right to place or use the Services and Contents on their own or third-party sites or pages without prior written authorization from CardSwift PRO Molusc™. Likewise, the User shall not have the right to limit or prevent any other User from using the Portal.

GOODS AND SERVICES OF LINKED THIRD PARTIES

 

The fact that information is offered on the Web Platform or in other links does not imply recommendation, guarantee, sponsorship, or approval by CardSwift PRO Molusc™ regarding such information, goods, and/or services. The availability of goods and/or services offered by third parties or by linked sites that are owned by third parties is not the responsibility of CardSwift PRO Molusc™. In view of the above, CardSwift PRO Molusc™ shall not be responsible before any authority of any nature for any matter related to the use, sale, consumption, distribution, delivery, availability, or provision with respect to any of the goods and/or services offered by third parties or by sites linked through the Web Platform. Regarding the Services and Contents provided by third parties through links to the Web Platform (such as links, banners, and buttons), CardSwift PRO Molusc™ is exclusively limited, for the convenience of the User, to making them available, without being responsible for any damages or losses suffered by the User as a result thereof.

INTELLECTUAL PROPERTY

 

The intellectual property rights regarding the Services and Contents and the distinctive signs of the Web Platform, as well as the rights of use and exploitation thereof, including their disclosure, publication, reproduction, distribution, and transformation, are the exclusive property of CardSwift PRO Molusc™, as well as the “CardSwift PRO Molusc™” Trademarks and their creators. The User does not acquire any intellectual property right by the mere use or access to the Services and Contents of the Web Platform, and at no time shall such use be considered an authorization or license to use the Services and Contents for purposes other than those contemplated in these Terms and Conditions of Use.

APPLICABLE LAWS AND JURISDICTION

 

For the interpretation, compliance, and execution of these Terms and Conditions of Use, the User agrees that the Federal laws of the United Mexican States shall be applicable, and the courts of the city of Guadalajara, Jalisco shall be competent, expressly waiving any other venue or jurisdiction that may correspond to them by reason of their present or future domiciles or for any other cause.