GIMWORK PRIVACY NOTICE
GIMWORK, S.A. DE C.V. (hereinafter referred to as “GIMWORK“), a company duly constituted in accordance with the laws of the United Mexican States, with registered address at calle Guanajuato 182 A, interior D, colonia Roma Norte, alcaldía Cuauhtémoc, C.P. 06700, in Mexico City.
The services provided by GIMWORK consist, SOLELY and EXCLUSIVELY, in making available to users a technological platform so that through GIMWORK mobile applications or through our website they can request to organize, plan, contract and execute professional, technical, home services, educational services, and in general any type of service that the same GIMWORK users, independent contractors (“GIMs”), promote through the app, and that are available in the territory where the users who require them are located (hereinafter referred to as the “Services“).
By virtue of the foregoing, the Services that GIMWORK makes available through its platforms and/or websites, SOLELY AND EXCLUSIVELY consist of connecting independent service providers with those people who require their services. Therefore, all our users will have two modes of use of our technological platforms and websites, namely:
I. “GIM” Mode, The “GIM” mode is a feature of our technological platform or website that allows our users (independent contractors) to make their services available so that, through these platforms, other users of the GIMWORK community (in the “GIMMER” mode) can contact them and thus plan, execute, and pay for the offered and provided services.
II. “GIMMER” Mode, The “GIMMER” mode is a feature through which any member of the GIMWORK community can search for, contact, and hire independent third-party service providers (third parties in the “GIM” mode) to meet a need or requirement through the provision of a service.
This Privacy Notice (hereinafter referred to as the “Privacy Notice”), together with the GIMWORK Terms and Conditions of Use, establishes the basis on which all personal data collected will be processed.
Please read this Privacy Notice to understand the considerations and practices related to the Personal Information that will be collected from both GIMs and GIMMERS, and the treatment that will be given to such data.
By accessing or browsing the GIMWORK platforms, GIMs and GIMMERS hereby agree to accept the Privacy Notice. Consequently, please read this Privacy Notice carefully before granting your consent and/or acceptance, and/or before using GIMWORK services. If the GIM or GIMMER does not agree with any point of this Privacy Notice, they must stop using the GIMWORK platforms immediately. When you start using GIMWORK services, this action will be understood as your acceptance that GIMWORK may collect, disclose, store, use, process, share, transmit, and protect your Personal Information (defined below) in compliance with this Privacy Notice.
I. DEFINITION OF PERSONAL DATA
Personal Data refers to any information that allows the identification of a natural person, by itself or in conjunction with other information (hereinafter referred to as “Personal Data”). In some cases, it may include, among other information, the name, mobile phone number, a printed or scanned copy of an identification or other identity document, photograph, location, payment, cash withdrawal record, bank card number, access information, search content, device information, telecommunications operator and IP, and in general any information that allows the identification of a person.
Sensitive Personal Data refers to personal data that affects the most private (intimate) sphere of its owner, or whose misuse could lead to discrimination and pose a serious risk to the owner (hereinafter referred to as “Sensitive Personal Data”). In this Privacy Notice, such data includes, among others, criminal records, the Certificate of No Criminal Records, as well as Financial information. If required by applicable laws, GIMWORK may request the express written consent of the holder of Sensitive Personal Data.
Financial Data refers to, but is not limited to, credit or debit card information or any other payment method, bank accounts, invoice records, payment records, credit bureau information, payment receipts, tax identification data, financial data, income receipts, tax returns, and any other financial information that is relevant for GIMWORK to provide the Services (hereinafter referred to as “Financial Data”, and jointly with Personal Data and Sensitive Personal Data shall be referred to as “Personal Information and/or Personal Data”).
If users do not provide any of the required Personal Information, they may be denied access to all or part of the Services.
II. PROCESSING OF PERSONAL INFORMATION
The GIMWORK Platforms in Mexico are legally operated by GIMWORK, S.A. DE C.V. Consequently, this company may obtain, disclose, use, process, store, and transmit the Personal Information of the GIM and/or GIMMER and will process and treat the Personal Information in accordance with this Privacy Notice and the FEDERAL LAW FOR PROTECTION OF PERSONAL DATA HELD BY PRIVATE PARTIES.
III. COLLECTION OF PERSONAL INFORMATION
GIMWORK may collect the Personal Information, which without limitation is described below:
a) Personal Information. Both GIMs and GIMMERS will provide their name, mobile phone number, identification, Federal Taxpayer Registry, Unique Population Registry Key, Title or Technical or Professional Certificate, and all their Personal Information necessary for their proper identification and security of GIMWORK users to use the GIMWORK platforms.
GIMWORK will recognize the identity of the GIMs and/or GIMMERS and, once this is done, will make available to them the services offered through the GIMWORK platforms.
GIMWORK collects such information in accordance with the laws and regulations for the personal and financial security of users. If this information is not provided, you will not be able to access the GIMWORK services and/or you will lose access to them.
b) Location. GIMWORK will collect the location information of users (GIM AND/OR GIMMER) when its digital platforms and/or website are running in the foreground (application open and on screen) or in the background (application open, but not on screen) on the users’ device. GIMWORK will obtain the location through the IP address, GPS, and other sensors that provide relevant information to provide the Services in a better way.
c) Service Information. GIMWORK will collect information about the services provided by GIMMERS to GIMs through the information, the way services are provided in the modes that the app allows you, that is, at the GIM’s address, at the GIMMER’s address and/or remotely. GIMWORK collects the aforementioned information in accordance with applicable laws and regulations, taking into account the protection of personal and property security of users, as well as to deal with disputes that may arise between users.
d) Call and Message Information. GIMWORK has a messaging and calling service, so it may record and collect the content of calls and messages that users make through the GIMWORK platforms, including, but not limited to, the duration of calls, the mobile phone number of the parties that communicate. GIMWORK may keep the aforementioned information through the recording of calls, in order to verify the facts and handle complaints or reports in case of disputes or the probable commission of illegal acts.
e) Status of Orders and Transactions. GIMWORK will register the service orders between GIM and GIMMER and the status of transactions. GIMWORK collects such information in accordance with applicable laws and regulations in order to guarantee the personal and financial security of users.
f) Rating Information. GIMMERS must evaluate GIMs, and the latter must evaluate GIMMERS, so GIMWORK will collect all information derived from such evaluation. GIMWORK collects such information in accordance with applicable laws and regulations in order to guarantee the personal and financial security of users.
g) Financial Information. GIMWORK will collect the Financial Information of users so that they can collect and/or pay, as the case may be, for the services they provide to each other, through the GIMWORK technological platforms.
h) Sensitive Personal Data. GIMWORK may request a Certificate of No Criminal Record (issued by the competent authorities) from users to ensure that GIMs and GIMMERS meet the requirements to use GIMWORK’s services. Uploading the Certificate of No Criminal Record will be considered as the authorization granted by users in favor of GIMWORK to collect, transfer, store, and use said certificate in accordance with this Privacy Notice.
i) Technical Support When any user (GIM or GIMMER) contacts GIMWORK’s technical support team, the user authorizes and consents to the registration of the information of the user’s call and/or messages, their comments, complaints, or suggestions, the name and contact information, and other information provided by users through call recording and in the form of manual registration, so that GIMWORK can handle disputes, resolve problems, or provide feedback to users. If the user refuses to allow GIMWORK to collect such
information, such refusal will result in our technical support team terminating the communication and being unable to address and resolve any potential disputes.
j) Data Analysis. To improve GIMWORK’s services, it will collect information from users’ access to GIMWORK’s technological platforms, including search content, IP address, the device (including device model, device ID, operating system, and telecommunications operator), location, in order to create a user profile, thus providing more personalized and convenient services. GIMWORK will use a mechanism for storing in the browser’s network and caching application data to collect and store information about the user’s device.
k) Third-Party Services. During the course of using independent third-party services, GIMWORK will collect the necessary Personal Data from the GIMMER and share it with the GIM (independent third party) that provides the services, so that the latter can provide its services appropriately. If any user (GIM or GIMMER) refuses to allow such information to be collected, they will not be able to use third-party services through GIMWORK’s platforms.
IV. DEVICE PERMISSIONS
GIMWORK may request certain permissions on users’ devices. Users will be considered to have granted access permissions on the device when they access and/or use GIMWORK’s platforms.
Users may decide to cancel all or some of the permissions on the device to prevent GIMWORK from collecting the corresponding Personal Data. The way to grant and cancel permissions may vary on different devices. Please contact the system and device developers for detailed information.
V. STORAGE OF PERSONAL DATA
Personal Data Storage Period. GIMWORK will maintain and store Users’ Personal Data continuously while they use GIMWORK’s services.
If any user requests the cancellation of their GIM or GIMMER profile, GIMWORK may retain the Personal Data for the protection of personal and financial security of users, unless any user expressly requests GIMWORK to delete the data, or applicable laws and regulations expressly establish the contrary.
If any user wishes to delete their Personal Data, they may contact GIMWORK’s customer service area to submit the corresponding request. GIMWORK will delete the user’s Personal Data and proceed to cancel their account, in accordance with the provisions of applicable laws and regulations.
Storage of Information. The Personal Data of Users collected by GIMWORK will be transmitted to and stored in data centers in Mexico, and/or any place where its subsidiaries are located in accordance with applicable legislation
VI. USE OF PERSONAL DATA
Users acknowledge and accept that their Personal Data will be used for the purposes specified in the “Collection of Personal Data” section above.
Users acknowledge and accept that their Personal Data may be used in the use cases that are directly or reasonably related to the objectives established in the “Collection of Personal Data” section:
Service Delivery: GIMWORK may use Personal Data to provide the Services, including processing payments, verifying identities, and resolving disputes.
Improvement of Services: GIMWORK may use Personal Data to improve the services, including developing new features and tailoring content to users’ needs.
Fraud Prevention: GIMWORK may use Personal Data to prevent fraud an abuse.
Research and Development: GIMWORK may use Personal Data for research and development purposes, such as analyzing user behavior and developing new products and services.
Marketing: GIMWORK may use Personal Data to send users marketing communications, such as promotional emails and push notifications.
Users acknowledge and accept that GIMWORK may analyze Personal Data to provide them with a more personalized and convenient service, as well as to design, develop, and promote new products and services based on users’ Personal Data statistics.
Users acknowledge and accept that GIMWORK may analyze Personal Data and share such statistics with the public or a third party.
Users acknowledge and accept that GIMWORK may send users information and notices through various means, which may include, among others, the verification code required to complete the services, the necessary notifications related to the products or services, news about GIMWORK’s services, as well as marketing activities and special promotional information, and promotional information from a third party in cooperation with GIMWORK or other content that may be of interest to the user. If the user does not wish to continue receiving the aforementioned information, they may cancel their user account
VII. EXCHANGE, TRANSFER, AND PUBLICITY OF PERSONAL DATA
Users acknowledge and accept that GIMWORK will maintain the confidentiality of their users’ Personal Data in accordance with the provisions of applicable laws and regulations. GIMWORK will not share Personal Data with other persons, except in the following situations:
With User Consent: GIMWORK will share Personal Data with third parties if the user has expressly consented to such sharing.
Legal Requirements: GIMWORK may share Personal Data if required to do so by law or by a court order.
Service Providers: GIMWORK may share Personal Data with third-party service providers who help GIMWORK provide the Services.
Third-Party Marketing: GIMWORK may share Personal Data with third parties for marketing purposes, but only after giving users the opportunity to opt out of such sharing.
Aggregated Data: GIMWORK may share aggregated data with third parties, but such data will not include any Personal Data that can be used to identify an individual user.
VII. EXCHANGE, TRANSFER, AND PUBLICITY OF PERSONAL DATA (continued)
a) Sharing for Legitimate Business Interests: Users acknowledge and accept that GIMWORK may share Personal Data to achieve the legitimate business interests of its affiliates and subsidiaries.
b) Sharing for Service Delivery: Users acknowledge and accept that GIMWORK may share Personal Data with third parties to provide services through its digital platforms. For example, GIMWORK may share information from the GIM with the GIMMER, and vice versa, including the name, phone number, and other Personal Information that is required for the security of both users.
c) Sharing with Third-Party Service Providers: Users acknowledge and accept that GIMWORK may transfer Personal Data to vendors, service providers, and other partners that globally support GIMWORK’s business, through the provision of technical infrastructure services, the provision of criminal investigation services, the analysis of how GIMWORK’s services are used, the evaluation of the effectiveness of the services, the provision of customer service, or facilitating and processing payments. These vendors, service providers, and/or partners must have and/or adhere to strict confidentiality obligations similar to this Privacy Notice and the contracts that GIMWORK enters into with them.
d) Sharing for Dispute Resolution: To protect the legitimate rights and interests of users, they acknowledge and accept that GIMWORK may provide interested parties with the information necessary to resolve any dispute related to a transaction.
e) Sharing with Government Authorities: Users acknowledge and accept that GIMWORK may disclose Personal Data to administrative, judicial, or criminal authorities in accordance with applicable laws and regulations.
f) Sharing to Protect the Public Interest: To the extent permitted or required by applicable laws and regulations, Personal Data of users may be disclosed to protect the public interest.
g) No Unlawful Sharing: GIMWORK will not disclose Personal Data of users to any third party that is not covered in this Privacy Notice, unless the user’s consent is obtained. GIMWORK will enter into a strict confidentiality agreement with the third party with whom it shares the users’ Personal Data, requiring them to take the necessary security and confidentiality measures to protect the Personal Data.
h) Confidentiality: GIMWORK will maintain the confidentiality of users’ Personal Data in accordance with applicable laws and regulations. GIMWORK will not publicly disclose users’ Personal Data unless the user has previously given their consent or authorization.
i) Change of Control: In the event of an acquisition, merger, restructuring, or other changes, GIMWORK will require the company that acquires control of the technological platforms to comply with this Privacy Notice.
VIII. USE OF FINANCIAL DATA AND SENSITIVE PERSONAL DATA
Clarification: Notwithstanding any contrary provision or term in this Privacy Notice, GIMWORK will not transfer Personal Data of users to any third party other than service providers that perform payment transfers or any other financial service. GIMWORK will not transfer the Certificate of No Criminal Record or other Sensitive Personal Data of users to any third party other than administrative, judicial, and/or criminal authorities. GIMWORK only collects, transfers, and stores Financial Data and Sensitive Personal Data to provide the Services.
IX. USERS’ ARCO RIGHTS
a) Access
Users can access their Personal Data on the GIMWORK platforms in the following ways:
1. Users can access their Personal Data and other information they have provided through their account on any GIMWORK platform.
2. Users can access the services provided, performed, and/or received from independent third parties (GIM/GIMMER), service requests, and/or any information related to the status of transactions or operations they carry out through GIMWORK’s digital platforms.
3. Users can access the payment method, payment history, and other information through the profile function on any GIMWORK platform.
b) Rectification
Users have the right to make corrections and updates to their Personal Data. Users can correct or modify their Personal Data on the GIMWORK platforms and/or by submitting a correction request to the GIMWORK technical support team in the following ways:
Users can correct or modify their Personal Data through their GIMWORK account and directly on the platform.
Or, they can contact the GIMWORK technical support team online or by phone through the platform’s technical support function.
c) Opposition and Cancellation
GIMWORK will protect users’ right to withdraw their consent in the following ways:
The information sent to users at the time of registration will indicate how to unsubscribe or cancel their profile, and this method is understood to be the withdrawal of their consent for the use and handling of their personal data.
Users may withdraw their authorization for GIMWORK to access their Personal Data by using the device configuration feature to cancel the corresponding permissions (including location, address book, photo, microphone, camera, notification, etc.), however, the platform may not be functional and their user account may be canceled as a result.
Users may also withdraw part of the authorization by canceling bank card information, deleting information, and/or replacing it.
When the user withdraws their consent or authorization, GIMWORK may not be able to continue providing the corresponding services. However, when the user withdraws their consent or authorization, this will not affect the processing of Personal Data based on the consent they have granted before withdrawing it.
If the user is unable to access, rectify, cancel, oppose, or delete their Personal Data and withdraw their consent, they may contact the GIMWORK technical support team online or by phone through the platform’s technical support function.
X. MODIFICATIONS TO THE PRIVACY NOTICE
In the event that any of the following changes occur in GIMWORK, it will make the corresponding modifications to this Privacy Notice in a timely manner:
Changes in GIMWORK’s business functions.
Changes to the rules for using Personal Data.
Changes to GIMWORK’s contact information.
Other changes that may affect the security of users’ Personal Data or their privacy rights.
GIMWORK will not limit users’ rights under this Privacy Notice without their express consent.
Unless otherwise specified, the Privacy Notice and/or its modifications will enter into force from the date on which it is notified to users by any means.