PARTY RESPONSIBLE FOR THE PROTECTION OF YOUR PERSONAL INFORMATION
For U.S. residents: Kansas City Southern and its U.S. based affiliates and Subsidiaries (together with the Mexico-based affiliates and subsidiaries, collectively referred to herein as “KCS,” “we,” or “us”), are responsible, respectively, for the Treatment – gathering, use, access, handling, transfer or transmission, release, or storage – of your Personal Information.
For United Mexican States residents: Kansas City Southern de México, S.A. de C.V. (KCSM), holding address at Montes Urales No. 625, Colonia Lomas de Chapultepec, Delegación Miguel Hidalgo, C.P. 11000, México, Distrito Federal; Nafta Rail, S.A. de C.V. (NAFTA), holding address at Montes Urales No. 625, Colonia Lomas de Chapultepec, Delegación Miguel Hidalgo, C.P. 11000, México, Distrito Federal; Arrendadora KCSM, S. de R.L. de C.V. (AKCSM), holding address at Montes Urales No. 625, Colonia Lomas de Chapultepec, Delegación Miguel Hidalgo, C.P. 11000, México, Distrito Federal; KCSM Servicios, S.A. de C.V. (KCSMS), holding address at Montes Urales No. 625, Colonia Lomas de Chapultepec, Delegación Miguel Hidalgo, C.P. 11000, México, Distrito Federal; Vamos a Mexico, S.A. de C.V. (VM), holding address at Montes Urales No. 625, Colonia Lomas de Chapultepec, Delegación Miguel Hidalgo, C.P. 11000, México, Distrito Federal; and/or Servicios Puerta México, S. de R.L. de C.V. (SPM) holding address at Montes Urales No. 625, Colonia Lomas de Chapultepec, Delegación Miguel Hidalgo, C.P. 11000, México, Distrito Federal (together with Kansas City Southern and its U.S. affiliates and subsidiaries, collectively referred to as “KCS,” “we,” or “us.”); are responsible, respectively, for the Treatment – gathering, use, access, handling, transfer or transmission, release, or storage – of your Personal Information, as such terms are defined in the Federal Law on the Protection of Personal Information in the Possession of Civil Parties, published in the Official Federal Gazette on July 5, 2010 (the “Law”).
FORM AND MEANS OF CONTACT
United States Residents: As the owner of the Personal Information (the “Owner”), you can contact us in English by letter via email to the following address: email@example.com; Kansas City Railroad Company, PO Box 219335, Kansas City MO 64121-9335, PH. (800)-243-8624.
United Mexican States Residents: As the owner of the Personal Information (the “Owner”), you can contact us in Spanish by letter via email to the following address: firstname.lastname@example.org; or by conventional mail sent to: Montes Urales No. 625, Colonia Lomas de Chapultepec, Delegación Miguel Hidalgo, C.P. 11000, México, Distrito Federal, to the attention of the Department of Personal Information.
USE OF PERSONAL INFORMATION COLLECTED
Your Personal Information will be used to: prepare estimates for services; provide the services you request; inform you of changes or new services that are related to the service you have contracted or acquired; meet compliance with the obligations undertaken with you; meet compliance with transport and customs regulations; evaluate the quality of the service; grant access to certain premises for the fulfillment of the services; follow-up, updating, and confirmation of the services contracted; the issue, sending, and delivery of billing; contact information for communications, notices, and notifications; for the care, custody, and protection of your freight; for insurance purposes and claims related to the provision of the Services; and for financial and credit purposes.
Additionally we will use your Personal Information for the following additional purposes that are not necessarily related to the service provided, but that allow us to give you a better support, including promotional purposes; and to conduct studies on consumer habits and preferences.
In case you do not want your Personal Information treated for these additional purposes, you can contact KCS at the following email address to provide instructions not to use your Personal Information for these additional purposes: (for U.S. residents) email@example.com; (for U.M.S. Residents) firstname.lastname@example.org.
The refusal to use your Personal Information for these purposes cannot be a reason to deny you services requested or contracted with us.
INFORMATION COLLECTED AND MEANS FOR GATHERING PERSONAL INFORMATION
The Personal Information we collect from you, for the purposes described in this Privacy Notice, is collected personally when you provide this information to us directly, either verbally or in writing, or when you contract any service from us; by documents; remotely, through any existing communication system; or when you enter your information to register or obtain a username for MyKCS applications or use online services via our internet portal at http://www.kcsouthern.com or through our Salesforce and MCS applications; when we receive information from a Third Party; and/or when we obtain information through other sources as permitted by Law, such as telephone or professional directories.
The Personal Information we collect from you may include, among others, the following: Identification information including prefix, given name and surnames, gender (male or female), place and date of birth, nationality, marital status, social security numbers and with other public or private institutions; Work Information including position, work address, institutional email and institutional phone; Financial Information including banking or credit information, and Contact Information including official identity documents, telephone number, email address, and address.
You promise the Personal Information you provide is true and it is your responsibility to communicate any significant change. Significant is understood as any change to the Personal Information so as to impede the correct contact, location, or Owner from being identified, or so as to hinder the Treatment of the Personal Information for the purposes given in this Privacy Notice.
Your tacit consent will be understood if you do not state your objection to the treatment and transfer of your Personal Information.
SENSITIVE PERSONAL INFORMATION
We hereby inform you that no Sensitive Personal Information (as defined by the Law) will be collected for the purposes detailed in this Privacy Notice.
LIMITATIONS ON THE USE OF INFORMATION
You may cancel your subscription to receive promotions, offers, and services by telephone, email, or conventional mail, by written letter in Spanish, as provided in this Privacy Notice in the section “Form and means of Contact”, indicating your request and providing the information necessary, this being your full name (given name or names and surname or surnames), copy of your official identification, or when using electronic means a digitized copy of same (scan), account number or customer number (where applicable), telephone number, and mailing or electronic address for related notification purposes.
SPECIAL PROVISIONS FOR RESIDENTS OF UNITED MEXICAN STATES
“ARCO RIGHTS”: You have the right to access your Personal Information in our possession, the details of the Treatment of this information, its rectification in the event the information is inaccurate or incomplete, to cancel your Personal Information when you believe this is not necessary for any of the purposes laid out in this Privacy Notice, or is being used for purposes for which you have not given your consent, and lastly, you have the right to object to the treatment of your Personal Information for specific purposes - which you are required to express clearly – (the “ARCO Rights”).
MECHANISMS FOR EXERCISING THE ARCO RIGHTS: The ARCO Rights described previous are exercised by presenting the respective request in writing and in Spanish, free of charge, as per that described in this Privacy Notice in the section “Form and Means of Contact”.
We will respond within 20 (twenty) days of receiving your request to access, rectify, cancel, or object. This with the understanding that under Article 3, section VII of the Law, the terms and times given in this Privacy Notice will be counted in business days.
In addition, we inform you that the Federal Institute for Access to Information and the Protection of Personal Information is responsible for protecting your ARCO rights and regulates and verifies compliance with the Law.
SPECIAL NOTIFICATIONS FOR U.S. RESIDENTS
PROTECTION OF CHILDREN’S PRIVACY: In compliance with the Children's Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, our Site does not permit children under 18 years of age to become users, and we do not knowingly collect information from children. If we determine or are notified that we have collected information by a child 18 years or younger, we will immediately purge such information. By using our Site, you represent that you are 18 years of age or older.
NOTICE TO UTAH RESIDENTS: Except as expressly identified below, we do not disclose a user’s Personal Information to any third party for the third party’s direct marketing purposes.
REVOCATION OF YOUR CONSENT FOR THE TREATMENT OF YOUR INFORMATION
You have the right to revoke your consent for the Treatment of your Personal Information at any time, for which you will need to present a request as per the terms described in this Privacy Notice in the section “Form and Means of Contact”.
The request will contain your full name (given name or names and surname or surnames), copy of your official identification or, when using electronic means, a digitized copy of same (scan), an email or mailing address to receive notices, and a contact telephone number.
We will respond to your request within twenty days by email addressed to you and sent to the email address you have given in your request, or by letter sent to the mailing address you have given for this purpose (the 20 (twenty) days will be met when the letter is delivered to the postal service).
DATA TRANSFER, LOCALLY AND INTERNATIONALLY
Your Personal Information may be transferred and treated either within the United Mexican States or overseas, by persons other than this company. To this effect, your information may be shared with: financial, banking, and/or credit institutions for informative purposes; connecting railroads - directly or indirectly - for operative purposes; contractors or subcontractors; auditors, and also for promotional, advertising, and commercial purposes.
United Mexican States Residents Only: Your Personal Information will not be transferred to any third party without your consent, except in the cases provided by Article 37 of the Law, and except when the Personal Information is transferred to Kansas City Southern de México, S.A. de C.V., Nafta Rail, S.A. de C.V., Arrendadora KCSM, S. de R.L. de C.V., KCSM Servicios, S.A. de C.V., KCSM Internacional, S.A. de C.V., Vamos a Mexico, S.A. de C.V., Servicios Puerta México, S. de R.L. de C.V., Kansas City Southern, The Kansas City Southern Railway Company, The Texas Mexican Railway Company (Tex Mex), and other member of the Kansas City Southern Group.
Your consent will be understood if you do not express your objection to your information being transferred.
The Site includes security measures in place to protect against the loss, misuse and alteration of the information under our control; however, user acknowledges that no security measures are always effective and KCS does not guarantee the performance or adequacy of such security measures.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update or make any change to this Privacy Notice at any time. Any changes to this Privacy Notice will be made available to the public by any or all of the following means: announcements placed at our establishments, via our website, by email sent to the most recent address we have for you, by publications in national newspapers, magazines, posters, audio recordings, or in person via our staff when you present at any of our facilities.
Web beacons are images embedded in websites or internet portals and also in emails and may be used to store information from the Owner’s IP address, website interaction time, and the type of browser used, among other purposes.
Users may change their options through their computer setup and/or browser and refuse to accept cookies and/or web beacons, or confirm whether or not to accept these.
On entering their information, the Owners agree to act truthfully and declare as follows: