POLÍTICA DE PRIVACIDAD
PRIVACY POLICY
At Soluciones Integrales e Innovación Tecnológica Sustentable S.A. de C.V. (SIITECS), we have adopted Binding Corporate Rules because we are firmly convinced that they constitute the best way to protect the personal data we handle on our own behalf and on behalf of our clients.
This SIITECS Privacy Policy (“Policy”) sets out our approach to compliance with data protection laws when processing Personal Data. It does not replace any specific data protection requirement that may apply to a function or business unit. If the relevant local laws and regulations require additional restrictions on the collection, use, and disclosure of personal data beyond those included in this Policy, the local laws and regulations will prevail.
This Policy describes the processing of personal data to achieve SIITECS’s data protection standards and comply with privacy laws and regulations. Instructions and guidelines on personal data processing tasks at SIITECS are provided to SIITECS employees and contractors in internal policies.
At Soluciones Integrales e Innovación Tecnológica Sustentable S.A. de C.V. (SIITECS), we have adopted Binding Corporate Rules because we are firmly convinced that they constitute the best way to protect the personal data we handle on our own behalf and on behalf of our clients.
SIITECS Binding Corporate Rules: Controller Policy
The standards set forth in the SIITECS Binding Corporate Rules (Controller Policy) are global rules that apply to all Group Members when processing personal data for the purpose of managing the supply chain, employment administration, and SIITECS’s business activities. Below is a summary of the basic principles and practical data protection commitments that SIITECS must follow when processing personal data as a Data Controller. These principles are described in detail in the aforementioned policy.
Basic Principles
Principle 1 – Lawfulness of Processing
SIITECS will ensure that all processing is carried out in accordance with applicable laws.
Principle 2 – Fairness and Transparency
SIITECS will inform and explain to individuals how their personal data is processed when it is collected.
Principle 3 – Purpose Limitation
SIITECS will only collect and process personal data for purposes known to the individuals or those within their expectations and relevant to SIITECS.
SIITECS will only process personal data for specified, explicit, and legitimate purposes and will not further process that information in a manner incompatible with those purposes, unless such additional processing is consistent with the applicable law of the country where the personal data was collected.
Principle 4 – Accuracy and Data Minimization
SIITECS will maintain the accuracy of personal data and keep it up to date.
SIITECS will only process personal data that is adequate, relevant, and limited to what is necessary in relation to the purposes for which it was processed.
Principle 5 – Limited Retention of Personal Data
SIITECS will retain personal data only for as long as necessary for the purposes of its collection and subsequent processing.
Principle 6 – Security, Integrity, and Confidentiality
SIITECS will implement appropriate technical and organizational measures to ensure a level of personal data security appropriate to the risk to individuals’ rights and freedoms.
SIITECS will ensure that its service providers also adopt adequate and equivalent security measures.
SIITECS will comply with data security breach notification requirements as required by applicable law.
Principle 7 – Individual Rights
SIITECS will comply with data subject rights procedures and respond to all individuals’ requests to access their personal data in accordance with applicable law.
SIITECS will also handle requests to rectify or erase personal data, exercise the right to data portability, restrict or object to personal data processing, or suspend personal data processing in accordance with the data subject rights procedure.
Principle 8 – Adequate Protection for Cross-Border Transfers
SIITECS will not transfer personal data to third parties outside the country without ensuring adequate protection.
Principle 9 – Protection of Sensitive Personal Data Use
SIITECS will only process sensitive personal data when explicit consent from the individual is obtained, unless SIITECS has a legitimate alternative consistent with the applicable law of the country where the personal data was collected.
Principle 10 – Legitimate Direct Marketing
SIITECS will allow customers to opt out of receiving further marketing information.
Principle 11 – Automated Individual Decisions Including Profiling
SIITECS will ensure proper controls are in place to comply with applicable policies and laws regarding individuals’ rights not to be subject to decisions based solely on automated processing, including profiling, unless such automated processing is authorized by law.
Principle 12 – Accountability
SIITECS will conduct data protection impact assessments when processing is likely to present a high risk to affected individuals.
SIITECS will maintain records of data processing activities under its responsibility.
SIITECS will implement Privacy by Design and Privacy by Default for new systems and applications.
Practical Commitments
Commitment 1 – Handling Complaints
SIITECS will ensure that individuals can exercise their right to lodge a complaint and will handle such complaints.
Individuals can submit written complaints by contacting SIITECS’s central data privacy team via email at soporte@siitecs.mx.
Commitment 2 – Cooperation with Data Protection Authorities
SIITECS will cooperate with data protection authorities on any matter related to SIITECS’s Binding Corporate Rules Controller Policy in accordance with the Cooperation Procedure.
Commitment 3 – Action When National Legislation Prevents Compliance with SIITECS Binding Corporate Rules Controller Policy
SIITECS will ensure that when it believes applicable legislation prevents the company from fulfilling its obligations under its Binding Corporate Rules Controller Policy, or has a substantial effect on its ability to comply, SIITECS will immediately inform the Data Protection Officer and the EU entity with data protection responsibilities, unless prohibited by a law enforcement authority.
SIITECS will ensure that in the event of a conflict between applicable law and its Binding Corporate Rules Controller Policy, the Data Protection Officer will make a responsible decision on the measures to take and consult the competent data protection authority in case of doubt.
SIITECS Binding Corporate Rules: Processor Policy
The standards set forth in the SIITECS Binding Corporate Rules (Processor Policy) are global rules that apply to all Group Members when processing personal data on behalf of and under the instructions of a Data Controller that is not a Group Member, for example, in the context of providing a service to a business client. Below is a summary of the basic principles and practical data protection commitments that SIITECS must follow when processing personal data as a Data Processor.
Basic Principles
Principle 1 – Lawfulness of Processing
SIITECS will ensure that all processing is carried out in accordance with applicable laws.
SIITECS will collaborate and, to the extent reasonably possible, assist the Data Controller without undue delay to comply with its obligations under applicable data protection laws.
Principle 2 – Fairness and Transparency
SIITECS will assist the Data Controller in fulfilling its obligation to inform and explain to individuals how their personal data will be processed in accordance with applicable laws.
Principle 3 – Purpose Limitation
SIITECS will only process personal data on behalf of and according to the instructions of the Data Controller.
Principle 4 – Accuracy and Data Minimization
SIITECS will assist the Data Controller in maintaining the accuracy of personal data and keeping it up to date.
Principle 5 – Limited Retention of Personal Data
SIITECS will retain personal data only as long as necessary under the terms of the contract or other legally binding document with the Data Controller.
Principle 6 – Security and Confidentiality
SIITECS will implement appropriate technical and organizational measures to protect personal data processed on behalf of the Data Controller.
SIITECS will immediately notify the Data Controller of any security breach affecting the personal data processed on its behalf in accordance with the contract or other legally binding document with that Data Controller.
SIITECS will comply with the Data Controller’s requirements regarding the appointment of any sub-processor.
SIITECS will ensure that external sub-processors commit to complying with provisions consistent with (i) the contract or other legally binding document with the Data Controller and (ii) SIITECS Binding Corporate Rules (Processor Policy), in particular, that the sub-processor adopts adequate and equivalent security measures.
Principle 7 – Individual Rights
SIITECS will assist Data Controllers in fulfilling their obligations to respect individuals’ rights.
SIITECS reserves the right to change, modify, or update this policy at any time. Review it often in case it is updated.
Principle 8 – Accountability
SIITECS must demonstrate compliance to the Data Controller.
SIITECS will maintain records of the data processing activities carried out on behalf of the Data Controller.
SIITECS will assist the Data Controller in implementing Privacy by Design and Privacy by Default tools.
Practical Commitments
Commitment 1 – Complaint Handling
SIITECS will ensure that individuals can exercise their right to lodge a complaint and will handle such complaints.
Individuals can submit written complaints by contacting SIITECS’s central data privacy team via email at soporte@siitecs.mx.
Commitment 2 – Cooperation with Data Protection Authorities
SIITECS will cooperate with data protection authorities on any matter related to SIITECS’s Binding Corporate Rules Processor Policy, in accordance with the Cooperation Procedure.
Commitment 3 – Action When National Legislation Prevents Compliance with SIITECS Binding Corporate Rules Processor Policy
SIITECS will ensure that when it believes applicable legislation prevents it from fulfilling its obligations under its Binding Corporate Rules Processor Policy, or when such legislation has a substantial effect on its ability to comply, SIITECS will immediately inform (unless prohibited by law) the following:
The Data Controller, as set out in Principle 2 above (unless prohibited by law enforcement);
The Data Protection Officer;
The data protection authority competent for the Data Controller and for SIITECS.
SIITECS will ensure that when it receives a legally binding request for disclosure of personal data from a law enforcement or state security authority subject to its Binding Corporate Rules Processor Policy, SIITECS will:
Promptly notify the Data Controller, unless prohibited by law enforcement; and or suspend the request and notify the lead data protection authority and the data protection authority competent for the processor, unless prohibited by law enforcement or a state security authority.
Policy Update Procedure
SIITECS reserves the right to change, modify, or update this Policy at any time. Please review it frequently for any updates.
For more information, contact us.
If you have any questions about the provisions of this policy, your rights under this policy, or any other data protection inquiry, please contact us via email at soporte@siitecs.mx
The SIITECS Data Processing Agreement complies with the legal requirements of the GDPR and grants the necessary contractual rights to SIITECS customers and channel partners in order to control the personal data entrusted to SIITECS for processing.
The General Data Protection Regulation (“GDPR”) marks a new era for the way companies use and protect personal data. Through its advanced technological solutions that contribute to privacy protection and its cloud solutions focused on privacy and security, SIITECS is firmly committed to continuing to support your business and helping you comply with the GDPR.
What is included in the SIITECS DPA?
As stipulated by the GDPR, all processing carried out by a processor must be regulated by a contract between the processor and the controller in order to establish the specific content required by the GDPR. The vast majority of the services that SIITECS offers to its customers and channel partners will be considered as “processing on their behalf”. Therefore, in order to facilitate GDPR compliance for its customers and channel partners, SIITECS has prepared a Data Processing Agreement (“DPA”). The DPA meets all legal requirements of the GDPR and was drafted for the benefit of SIITECS customers and channel partners. The DPA ensures that, with respect to the processing of personal data that SIITECS carries out on behalf of its customers and channel partners, SIITECS shall:
- comply with written instructions;
- ensure that SIITECS personnel who have access to personal data are subject to confidentiality obligations;
- engage another sub-processor (i.e., a subcontractor) only with prior general written authorization;
- assist when data subjects exercise their legitimate rights under the GDPR;
- apply appropriate security measures when processing personal data;
- notify data breaches without undue delay;
- assist in the event that a privacy impact assessment or prior consultation is required;
- return or delete personal data upon termination of services;
- make available all necessary information to demonstrate compliance with contractual obligations; and
- allow and participate in audits and inspections.
How is the SIITECS DPA executed?
To download our DPA click on the link here. Once you have printed, completed the requested information in the document, and signed the DPA by your legal representative, we ask that you send the document to the email soporte@siitecs.mx.
More information
If you have any questions about the provisions or the above-mentioned instructions of the DPA, contact us by email at soporte@siitecs.mx, where we will be happy to assist you.
Privacy Policy
Soluciones Integrales e Innovación Tecnológica Sustentable S.A. de C.V.
Our privacy policy applies to the use of computer applications distributed by Soluciones Integrales e Innovación Tecnológica Sustentable S.A. de C.V.
Our privacy policy includes the terms of use of the applications. The use of these implies acceptance without reservation of each and every provision included therein. If you do not accept these provisions, you must not use the aforementioned applications.
We reserve the right to modify, in whole or in part, this Privacy Policy. It is advised that you consult this Privacy Policy periodically for any changes, as continued use will be considered as approval of all changes.
You can check the history of this policy at www.siitecs.mx.
Information obtained from the application and the use of your data:
User provided information The application obtains the information you provide when you download and register the application. To use some of the services or access certain content, you must first provide certain personal data, which will only be used for the purpose for which they were collected When you register with us and use the application, you will generally have to provide
(a) your name, email address, age, username, password, and other registration information,
(b) information related to the transaction, for example, when you make purchases, respond to any offer, or download an application from us,
(c) information you provide when you contact us for help
(d) credit card information for the purchase and use of the application.
(e) information you enter into our system when using the application, such as contact information and project management information.
Personal data protection as a general principle, these applications do not share or disclose obtained information, except when authorized by you, or in the following cases:
(a) When required by a competent authority and after compliance with the corresponding legal procedure.
(b) When in the judgment of this application it is necessary to enforce the terms of use and other terms of the application, or to safeguard the integrity of other users or the application. You should be aware that if you voluntarily disclose personal information online in a public area, that information may be collected and used by others.
(c) We do not control the actions of our visitors and users. We may also use the information you have provided to contact you from time to time to offer you important information, news, and marketing promotions.
Automatically collected information. In addition, the application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the application.
Does the application collect precise real-time location information of the device?
This application does not collect precise information about the location of your mobile device.
Can third parties see and/or have access to the information obtained by the application?
Yes. We will share your information with third parties only in the ways described in this privacy statement and that have therefore been authorized by the users.
We may disclose information that users provide and that is automatically collected by the application:
• When we believe in good faith that such disclosure is necessary to protect our rights, your safety or the safety of others, investigate fraud, or respond to a government request;
• With our trusted service providers who work on our behalf, have no independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
• If SIITECS is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or use of this information, as well as any choices you may have regarding this information.
• To advertisers and third-party advertising networks and analytics companies as described in the following section.
Automatic data collection and advertising We may work with analytics companies to help us understand how the application is being used, such as the frequency and duration of use. We work with third-party advertisers and advertising networks, who need to know how you interact with the advertising provided in the application to help keep the cost of the application FREE.
Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique ID of your mobile device and your mobile phone number. To protect the anonymity of this information, we use encryption technology to ensure that these third parties cannot personally identify you. These third parties may also obtain anonymous information about other applications you have downloaded on your mobile device, the mobile websites you visit, non-precise location information (for example, postal code), and other non-precise location information in order to help analyze and serve anonymous targeted advertising about the application and elsewhere.
We may also share encrypted versions of the information you have provided so that our partners can append other available information about you for analysis or advertising-related use.
If you wish to opt out of the use of third parties of such information to help serve targeted advertising, please visit the section titled “Opt-out” below.
What are my Opt-out rights? There are multiple Opt-out options for users of this application: Opt-out of all information collected by uninstalling the application: You can stop all collection of information by the application easily by uninstalling the application. You can use the standard uninstall processes available as part of your mobile device or via the mobile application marketplace or network.
You can also request to opt out via email at soporte@siitecs.mx.
Opt-out from the use of information to serve targeted advertising by direct advertisers and/or third-party advertising networks: you may at any time opt out of the data that the user allows us to access through the settings icon located at the top right edge of each application.
Data Retention Policy, Information Management We will retain each user’s data provided for as long as the application is used and for a reasonable period thereafter. We will retain automatically collected information for up to 3 YEARS and thereafter may store it permanently.
If you wish for us to delete user data that has been provided through the application, please contact us at soporte@siitecs.mx and we will respond within a reasonable time.
Please note that some or all of the data provided by users may be required for the application to function properly.
Children We will not use the application to obtain data from children under 13 years of age. If a parent or guardian becomes aware that their child has provided us with information without their consent, they should contact us at soporte@siitecs.mx.
We will delete such information from our files within a reasonable time.
Security We are concerned about safeguarding the confidentiality of your information.
We provide physical, electronic, and procedural safeguards to protect the information we process and maintain.
For example, we limit access to this information to authorized employees and contractors who need to know such information to operate, develop, or improve our application.
Please note that, while we strive to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches.
Your Consent By using the application, you consent to our processing of your data in the terms of this Privacy Policy as amended by us from time to time.
“Process” means using cookies on a computer and/or laptop device or touching the information in any way, including but not limited to collecting, storing, deleting, using, combining, and disclosing information, all activities that will be carried out within the Mexican Republic. If you reside outside the Mexican Republic, your information will be transferred, processed, and stored there in the Mexican Republic based on privacy regulations.
Contact Us If you have any questions regarding privacy during the use of the application, or if you have questions about our practices, please contact us via email at soporte@siitecs.mx
License of Use
Some of the graphic resources on this site were taken under the license of FREEPIK
SIITECS solves the challenges of digital transformation through innovative solutions that offer first-class experiences and protect your personal data.
Your privacy is important to SIITECS. We have prepared this website privacy statement (“Website Privacy Statement”) to disclose how we process individuals’ personal information (that is, data that identifies a person or is used to identify them) (“Personal Data”), including: (i) what type of personal data is collected and monitored; (ii) for what purposes personal data is used; (iii) with whom personal data is shared; (iv) what choices individuals have regarding the personal data collected; (v) how individuals can access and update this information, etc. The privacy statement of this website covers our main website www.siitecs.mx and certain websites directly linked to this Website Privacy Statement (“Website”) to the extent that such websites do not have their own privacy statements. Additional information is likely to be disclosed in the notice provided during the processing of personal data, prior to the collection of personal data. By accessing our website, you agree to the privacy practices described in this Website Privacy Statement.Processing of personal data
In order to conduct global business in this ever-expanding electronic economy, the collection and use of personal data is generally necessary and advisable for companies and individuals involved. SIITECS’s goal is to balance the benefits of our business and that of our customers with individuals’ rights regarding personal data.For what purpose can Personal Data be collected through the website?
The personal data gathered through our website will be used for the purposes identified in the notice we provide you before collecting the personal data or, otherwise, as stipulated by applicable law. If no specific prior notice is received, SIITECS is likely to use the personal data for various reasonable purposes (to the extent permitted by law), such as:- to manage and maintain our website;
- to understand your needs and preferences and to assess your level of satisfaction with the website;
- to communicate with you about the website;
- to access, store, and analyze your information so that you can enjoy the website;
- to evaluate the performance and security of our website;
- to prevent and detect fraud or misuse of the website;
- to maintain internal records;
- to send advertisements and newsletters;
- to register for seminars or webinars, etc.
- to participate in an online survey;
- to verify hiring inquiries;
- to personalize advertisements and content;
- to purchase products or services available on our website;
- to follow up on any question or request for assistance or information;
- to comply with legal requirements;
- to manage our business.
What Personal Data can be collected through the website?
The personal data you voluntarily provide through this website may include your name, contact information (for example, company, title/position, email address, phone number, mailing address, etc.), connection data (for example, IP address, operating system, internet service provider, browser, referring website, general geographic location, etc.), and metadata derived from the website, etc. If you provide SIITECS with personal data of any third party, you confirm that you have that party’s explicit permission to do so. SIITECS, together with its subcontractors (sub-processors), may combine the personal data you provide with information obtained from other sources in order to improve overall integrity or accuracy and thus be able to personalize the website for you or for other commercially reasonable purposes to the extent permitted by applicable law.How can Personal Data be processed or handled?
The processing of personal data may include the use, retention, recording, transfer, adaptation, summarization, correction, sharing, anonymization, or destruction of personal data as necessary according to the circumstances or as required by applicable law. Once you register with SIITECS or use our website, we will process some of your personal data in accordance with applicable legal regulations.How long will Personal Data be retained?
We will retain and use your personal data as required to achieve the purposes for which it was collected or as necessary to resolve disputes, enforce contracts, or comply with our legal obligations.Personal Data Security
The security of your personal data is very important to us and we take it seriously. SIITECS has implemented and will maintain appropriate technical and organizational security measures with respect to the nature of the personal data collected and processed through the website. SIITECS will ensure the level of security consistent with the risk that may vary in the likelihood and severity of violations of the rights and freedoms of natural persons.Sharing of Personal Data
Within SIITECS
The information collected through this website may be shared with SIITECS affiliates/subsidiaries for the purposes identified in this Website Privacy Statement. To ensure that such transfers of personal data between SIITECS affiliates/subsidiaries are legally protected, SIITECS will comply with applicable international data transfer laws and implement appropriate safeguards to allow such transfers, such as Binding Corporate Rules.With external data processing sub-processors
We may disclose your personal data to our sub-processors (subcontractors) who help us provide the services we offer, such as fulfilling information requests, receiving and sending communications, updating marketing lists, analyzing data, providing support services, or other tasks. Our sub-processors (subcontractors) will only use your information to the extent necessary to perform their functions.Specific disclosure rules
SIITECS may also disclose certain personal data to third parties in other special cases, which include: (i) those required by law, such as complying with a court order or similar legal process; (ii) when we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of third parties, or as a defense against legal claims; (iii) to prevent fraud or other crime; (iv) in connection with the negotiation of any merger, acquisition, sale of all or part of our assets, financing, liquidation, reorganization, or during such negotiations; and (v) in an aggregated or anonymized form that can no longer be used to identify you.International data transfers
The information you provide us through this website may be transferred to other countries/regions. For example, this may occur if you reside in the European Economic Area (“EEA”) and one or more of our servers are located from time to time in a country outside the EEA or one of our service providers is located in a country outside the EEA. If you contact a company listed on our website, your information may be transferred outside the EEA. If we transfer your information outside the EEA in this way, we will take the necessary steps to ensure that your privacy rights remain protected. Internal transfers of personal data between SIITECS affiliates/subsidiaries will be governed by SIITECS’s Binding Corporate Rules. If SIITECS transfers personal data from the EEA to third-party sub-processors (i.e., SIITECS subcontractors that are not SIITECS affiliates/subsidiaries) located in countries outside the EEA that have not received an adequate binding decision from the European Commission, such transfers must comply with appropriate transfer mechanisms that provide an adequate level of protection under the GDPR. With respect to personal data originating outside the EEA, SIITECS will also implement appropriate protection to safeguard such data and comply with applicable privacy laws.Data breach notification
We employ strict security standards to protect your personal data. Depending on the applicable jurisdiction, the law may require us to inform you and the data protection authorities about security breaches in our computer network that could affect your personal data. If a breach occurs, we will notify you (for example, via email or other means of contact) or post a notice on our website whenever possible and legally required.Cookies and other similar technologies
The information obtained from cookies and other similar technologies is used to gain a better understanding and increase the effectiveness, performance, and use of our website, and also to help personalize our website content. “Cookies” are small files that our website places on the user’s device web browser for identification purposes. Cookies are used to provide better service to the user when they return to the website that implemented them (please note that cookies cannot read data from the user’s device hard drive). For more information about cookies and other tracking technologies that may be used on the website, review SIITECS’s Website Cookie Statement.Social networks
Hyperlinks to social networks (for example, Facebook, LinkedIn, and Twitter) may be integrated into our website. Hyperlinks to such social networks are clearly highlighted on our website with their respective logo (for example, Facebook, LinkedIn, and Twitter) or through the “like” plugin (for Facebook). For more information, review the privacy policy of the respective social network providers (for example, Facebook’s privacy policy is available here; LinkedIn’s privacy policy is available here; Twitter’s privacy policy is available here). Rights of data subjects We may request your personal data to access and use our website. If you do not provide the requested personal data, you may not be able to access certain parts of the website or use the corresponding services. Depending on the applicable data protection regulations and SIITECS when it is considered a “controller”, you may exercise the right to access personal data and request rectifications, deletions, or copies of your personal data. When requesting access to your personal data, please note that we will likely request specific information that will allow us to confirm your identity and your right to access, as well as to search for and provide you with the personal data we hold about you. Also note that your right to access your personal data in our possession is not absolute. Personal data may have been destroyed, deleted, or anonymized in accordance with our obligations and practices. It may also occur that applicable law or regulatory requirements allow or require us to refuse to provide part or all of the personal data we hold (for example, when SIITECS acts as a “processor” on behalf of its customer; in this case, SIITECS will assist its customer in fulfilling data subject rights requests). If your consent was requested for the collection, use, and disclosure of your personal data, you may withdraw consent at any time without affecting the legality of the processing based on such consent before its withdrawal. All notices related to such withdrawal or change of consent must be in writing. For detailed information on the data subject rights procedure, review the Binding Corporate Rules: Data Controller Policy. If you wish to exercise your rights detailed in this section or require assistance to prepare your request, contact us via email at soporte@siitecs.mxContractual information
We may request your personal data on our website in order to execute and maintain our contractual relationship. This may include your personal data, such as name, title, contact details (for example, phone number and email address), payment details (for example, payment card details or bank account details), delivery address, etc. At the end of the contract, we set up a customer account in our management systems, which will contain all the collected information. During the contractual relationship, information will be added to the customer account, such as invoices, payment information, and orders. We use this information to deliver the requested products/services, as well as to bill, handle payments, and solve problems.Content of external links
SIITECS may include links, content, and selected resources (collectively “Content”) within our website. SIITECS often reviews content before linking it, but has no control over the content. Therefore, SIITECS is not responsible for the content and advises you to review the privacy policies of those third parties when accessing the content.Minor privacy
SIITECS cares about protecting the interests of minors, but at the same time believes that parents have the primary responsibility for supervising their children’s online activities. We urge parents to talk with their children about online postings and the protection of personal data. If we request personal data from a child, we will also request a parent’s email address to notify them that we have received the child’s personal data. Parents may have the right to review the personal data we collect from their children through the data access procedures set out in the “Rights of data subjects” section of this website privacy statement.Recommend a friend
If you choose to use the referral service to recommend our website to a friend, it means you have the third party’s permission to do so. In turn, we will request your friend’s name along with their email address or other relevant information and will automatically send them a single email inviting them to visit our website.How to select your communication preferences
You may request that we do not contact you with updates and information about our solutions either at the time such information is gathered (by checking or unchecking the corresponding box as indicated) or, when you no longer want us to continue using your information in that way, by following the unsubscribe instructions to stop receiving any notice. If you need help exercising this right, contact us via email at soporte@siitecs.mx. Be sure to include your name, email address, and specific, relevant information about the material you no longer wish to receive.Dispute resolution
If you have any complaint about SIITECS’s privacy practices, contact us via email at soporte@siitecs.mx, and we will work with you by all reasonable means to try to resolve your complaint. For more information about SIITECS’s complaint handling procedure, review our Binding Corporate Rules policies.Procedure for updating the website privacy statement
We reserve the right to amend or change this Website Privacy Statement at any time, so please review it frequently. If we change this Website Privacy Statement, we will post the revised version with an updated revision date. If you continue to use our website after the application of such revisions, it means that you accept and agree to the revisions.Interpretation of this website privacy statement
Any interpretation of this Website Privacy Statement will be carried out by SIITECS’s Global Privacy Officer. This Website Privacy Statement does not create or confer any rights on any individual, nor does it impose any obligations on SIITECS beyond, or apart from, the rights and obligations imposed by applicable privacy laws on such individual’s Personal Data. If in a specific case there is any inconsistency between this Website Privacy Statement and such privacy laws, the Website Privacy Statement will be interpreted to comply with such privacy laws.More information and contact details of SIITECS privacy officers
If you have any questions about the website privacy statement or any concerns about how we handle personal data collected through the website, contact us via email at soporte@siitecs.mxReviewed: May 2021.
TERMS AND CONDITIONS CONCESSIONAIRE AND/OR DRIVER
SOLUCIONES INTEGRALES E INNOVACIÓN TECNOLÓGICA SUSTENTABLE S.A. DE C.V., with address at Andador Analco #218 Col. De Analco, Municipality of Durango, Dgo. C.P. 34138, hereinafter referred to as “SIITECS“, is a company incorporated under the laws of Mexico, which is the legal entity.
The Concessionaire/Driver will be subject to these “FIABLE CONCESSIONAIRE/DRIVER” Terms and Conditions (hereinafter referred to as Terms and Conditions).
NOTICE FOR PASSENGER USERS:
The Concessionaire/Driver accepts all the terms and conditions set forth in this document at the time of their registration on our platform and undertakes to fully comply with the following Agreements:
- (i) Agreement establishing the adjustment to fares in vehicles intended for the provision of individual public transport service through digital taximeter and mobile application, panic button and geolocation service, and the different types of service.
- (ii) Agreement establishing the guidelines for the implementation and operation of technologies for the provision of individual public transport service, through digital taximeter and mobile application, panic button and geolocation service.
- (iii) Agreement establishing geofences for the provision of public transport service in the individual mode through digital taximeter and mobile application, panic button and geolocation service, and the different types of service.
These Terms and Conditions apply to all users or browsers of the Application with the understanding that the Services are subject to modification at any time as a result of adjustments to business policies or regulatory guidelines established by the Authorities of the State of Durango. The Concessionaire/Driver undertakes to frequently visit the website and the Application to stay informed of the terms in force. By accepting the Terms and Conditions, the Concessionaire/Driver agrees that they have also carefully read and accepted said substituted or referenced terms. If the Concessionaire/Driver continues to use the Company’s services, it will be considered that the Concessionaire/Driver has accepted the updated Terms and Conditions; otherwise, the Concessionaire/Driver will immediately stop using the Application and will be subject to the sanctions established by the Undersecretary of Mobility and Transportation of Durango.
1.- DEFINITIONS.
- For the purposes of this agreement, the following definitions shall be taken into account, regardless of whether they are used in the singular or plural:
- “Application” means the application called “FIABLE” for Concessionaire/Driver Users, which is a software platform that allows a cell or mobile phone to perform the functions and/or tasks described in section 3 of this document.
- “Passenger Users Application” means the application called “FIABLE” for passengers, which is a software platform that allows the cell or mobile phones of Passenger Users to request services.
- “Authorized Tariff Base” means the amount of money authorized by the tariff agreement issued by the SMTD, which the service user must pay, which is composed of the flag drop, distance and time calculation and is an element of the Integrated Fare.
- “Electronic payment commission” means the amount generated to cover electronic payment services to a third party that does not directly participate in the provision of the service (banking, financial or similar institutions).
- “Reservation fee” means the total amount of money authorized by the tariff agreement issued by the SMTD, which the Permit Holder must charge to the electronic wallet in the prepaid modality.
- “Fee by Type of Service” means the charge amount authorized by the tariff agreement issued by the SMTD, whose amount will be calculated based on the type of vehicle with which the service is provided, which is part of the Single Trip Fee.
- “Single trip fee” means the payment amount authorized by the tariff agreement issued by the SMTD, which must be paid by the User when they request a service through the Mobile Application.
- “Time factor” means the percentage increase over the integrated fare that may apply depending on the service start time.
- “Mexico” means the United Mexican States.
- “Integrated Fare” means the amount of money authorized by the tariff agreement issued by the SMTD, which the user pays for the services requested freely or, as the case may be, forms part of the Single Trip Fee, in those requested through the Mobile Application.
- “FIABLE” means the trademark owned by SOLUCIONES INTEGRALES E INNOVACIÓN TECNOLÓGICA SUSTENTABLE S.A. DE C.V., a company incorporated under the laws of Mexico, which is the owner or authorized licensee of the Application.
- “Concessionaire” The natural or legal person empowered by the State to provide and operate the corresponding service.
- “Driver” means the person who has completed the registration process, accepted the Terms and Conditions detailed below and has been authorized by SIITECS to use the Application; likewise, said “Concessionaire/Driver User” must be authorized as a public transport service provider by the State of Durango and have a type “A” Driver’s License, required by the Government of Durango to be able to drive vehicles subject to public transport concessions in the application FIABLE’s area of operation.
- “Passenger User” means the passenger user who personally receives the point-to-point passenger transport service and who decides to join Fiable in order to be able to use the “Passenger Users Application” that allows them to make service requests to Concessionaire/Drivers.
2.- AUTHORIZATION TO USE THE APPLICATION, TECHNICAL REQUIREMENTS AND RESTRICTIONS ON USE.
2.1 During the term of this agreement, the Concessionaire/Concessionaire/Driver will have the non-exclusive, revocable and non-transferable right to use the Application exclusively for the functions established in section 3 below. The authorization granted by SIITECS regarding the use of the Application is subject to prior registration in FIABLE’s Concessionaire Portal, as well as the registration of the Concessionaire/Driver in the FIABLE application and compliance with these Terms and Conditions.
2.2 The Concessionaire/Concessionaire/Driver will be responsible for having the cell or mobile phone or tablet that meets the characteristics and technical requirements to access and use the Application, including the Internet connection. The Concessionaire/Concessionaire/Driver will be responsible for the cost of their telephone and Internet service, and must consult with the respective telecommunications companies the rates for the use of voice and data plans.
2.3 The Concessionaire/Concessionaire/Driver undertakes not to modify, reproduce, copy, perform reverse engineering processes, redesign, decompile, adapt, translate, fix, expand, adapt, transform or otherwise use the Application to develop any software or other materials based on it. Likewise, they undertake to use the Application only in the manner permitted in this agreement. The Application is protected by current legislation on intellectual property.
2.4 The Concessionaire/Concessionaire/Driver accepts and acknowledges that SIITECS may take legal actions to require compliance with all the provisions established in this agreement, especially for those infringements that arise from failing to respect, safeguard and protect the personal data of Passenger Users who accept the services, and therefore undertakes to use them solely and exclusively for the services to be provided to Passenger Users.
2.5 The Concessionaire/Concessionaire/Driver expressly acknowledges that they are the sole and exclusive party responsible for the use they make of the Application, as well as for any action that takes place through said use and, in that sense, may not claim SIITECS’s liability for the use they make of it.
3. FUNCTIONS OF THE APPLICATION.
3.1 The fact of having been authorized on the FIABLE platform does not imply a favorable opinion regarding the concession of the public service; the present application only endorses that the Concessionaire/Concessionaire/Driver is registered to be able to use the platform; however, the Concessionaire/Concessionaire/Driver accepts that they must have their permits, concessions and licenses in order and payments up to date according to the regulations established in the State of Durango in order to provide the public TAXI service; therefore, it should not at any time be understood that having a current registration on the platform authorizes the Concessionaire/Driver to drive a public transport car.
Without prejudice to the foregoing, the Concessionaire/Driver acknowledges and undertakes to fulfill the required service once the service request has been accepted, except in the case of force majeure. Likewise, they undertake to pay SIITECS any commissions that may result from the provision of their services to Passenger Users, in accordance with the provisions of section 4.1 below.
Likewise, the Concessionaire/Driver acknowledges and undertakes to use at all times the digital taximeter of the FIABLE application in any service provided to the Passenger User.
3.2 Through the Application, the Concessionaire/Driver may receive point-to-point transport service requests from Passenger Users affiliated with the Application. Each of these requests may contain the name and location of the Passenger User, so that the Concessionaire/Driver can identify them, as well as freely accept or reject their service request. The Concessionaire/Driver acknowledges that the information received from Passenger Users may consist of personal data owned by the Passenger User, and therefore assumes responsibility for handling it and undertakes to use it exclusively for the purpose of providing the service.
3.3 The Concessionaire/Driver may rate, post comments and opinions regarding the Passenger Users who request services through the Application, as well as review the ratings of Passenger Users given by other Concessionaire/Drivers affiliated with the Application. In this regard, the Concessionaire/Driver undertakes that the information they transmit or publish through the Application:
(i) Will comply with all current local and federal laws and regulations of Mexico;
(ii) Will not be false, misleading, slanderous, libelous, defamatory, obscene, pornographic, threatening or fraudulent;
(iii) Will not violate third-party intellectual property rights;
(iv) Will not include political, commercial or religious propaganda or advertisements, nor include mass emails or spam;
The Concessionaire/Driver hereby grants a license for SIITECS to use, including disclosure, the comments and opinions regarding Passenger Users.
3.4 It is important to mention and warn that, through the Passenger Users Application, the Passenger User to whom the Concessionaire/Driver decides to provide their services may issue a rating regarding the quality of the service and, where appropriate, make comments that are relevant and complementary to the rating they issue; their comments, ratings, opinions and evaluations will be shared with other passengers and users of the Passenger Users Application.
3.5 Through this agreement it is established that SIITECS is not responsible for the comments, opinions and ratings given by the Concessionaire/Driver, other Concessionaire/Drivers or Passenger Users in relation to the services. Likewise, the Concessionaire/Driver acknowledges that they assume the risk regarding the honesty, solvency and/or compliance of the Passenger Users who request services, [therefore SIITECS will not be responsible in this regard].
3.6 SIITECS reserves the right to block access or partially or totally remove any information, communication or material, including opinions, comments or ratings that the Concessionaire/Driver or other Concessionaire/Drivers, Passenger Users or users in general of the Concessionaire/Drivers Application or the Passenger Application publish, which in its sole judgment may be:
(i) abusive, defamatory or obscene;
(ii) fraudulent, artificial or misleading;
(iii) in violation of copyrights, trademarks, confidentiality, trade secrets or any third-party intellectual property rights;
(iv) offensive; or
(v) that in any way contravenes the provisions of this agreement and Mexican laws.
3.7 The Concessionaire/Concessionaire/Driver accepts that Passenger Users may receive information such as their name, vehicle and license plate number, for identification purposes in case the Passenger User wishes to file a clarification or needs to see the details of a canceled trip. The above through scanning the QR code that is affixed to the vehicle doors.
3.8 The Concessionaire/Driver will not disseminate or disclose any personal information of the Passenger that they have acquired when providing the Services to any person, except for the purposes of the Service or when it has been legally obtained from other sources. If the Concessionaire/Driver wishes to obtain more information about a particular Passenger User, the Concessionaire/Driver must consult directly with each Passenger User.
4.- RATES, FEES.
4.1 The Concessionaire/Driver acknowledges and undertakes to comply with the current fees detailed below:
Flag drop cost $17 MXN.
Cost per meter $1 MXN.
Cost per time $1 min.
5.- PROHIBITION OF DISTRIBUTION AND TRANSFER.
5.1 The Concessionaire/Concessionaire/Driver may not distribute, lease, license, assign or transfer their rights to use the Application, nor authorize its total or partial copy on another user’s equipment. Likewise, they will not make the Application available to other users or third parties in any way nor on a host server, service bureau or the like, nor through the Internet or in any way.
5.2 The Concessionaire/Concessionaire/Driver may not use the Application on a cell or mobile phone other than the device on which they initially downloaded the Application. In case of change or loss, the Concessionaire/Concessionaire/Driver must notify SIITECS to change their registration and authorize another download of the Application. The Concessionaire/Concessionaire/Driver must not allow third parties other than themselves to accept trips or services from the device with which they registered in the Application.
6.- INTELLECTUAL PROPERTY RIGHTS.
6.1 SIITECS, its affiliates and/or controlled or controlling companies are the legitimate holders of the intellectual property of the Application, including the copyrights over the source code and object code of the Application and the rights over all trademarks, logos, slogans, designs, images, videos, information, music, sounds, trade names and other intellectual and industrial property rights that are part of the content of the Application. Consequently, the Concessionaire/Concessionaire/Driver must respect SIITECS’s intellectual property rights, and therefore expressly undertakes not to copy, reproduce, modify, alter, distribute and/or transfer the Application, and expressly acknowledges that said intellectual property must be used only for the purposes established in this agreement, without infringing or violating the intellectual property rights of SIITECS, its affiliates and/or controlled or controlling companies.
It is expressly established that SIITECS will not be responsible for damages suffered by a Concessionaire/Driver who, without authorization, has copied, reproduced, modified, altered, distributed and/or transferred the Application or its content, and who has infringed copyrights and/or industrial property rights.
6.2 This agreement is one of authorization of use and not of sale, by means of which SIITECS authorizes the Concessionaire/Driver, on a non-exclusive and non-transferable basis, to use the Application only for the purposes established. Consequently, this agreement does not imply any type of transfer of the ownership of the Application or its rights.
6.3 The Concessionaire/Driver has not paid any consideration for the use of the intellectual property rights of SIITECS, its affiliated companies, and none of the provisions of this agreement will grant any other right to the Concessionaire/Driver over the intellectual property rights of these. The Concessionaire/Driver will not use within the territory the trademarks, trade names, logos, corporate names, domain names, distinctive signs or other designations, nor attempt to register the trademarks, trade names, logos, corporate names, domain names, distinctive signs or other designations that could cause confusion with the intellectual property rights of SIITECS and its affiliated companies. The Concessionaire/Driver acknowledges that SIITECS is the holder of all intellectual property rights of the Application, and therefore agrees not to attempt any claim at any time during the term of this agreement or thereafter, nor to question the validity of any of SIITECS’s or its affiliates’ intellectual property rights over the Application (including, without limitation, any act that could violate or cause the violation of any of FIABLE’s intellectual property rights). The Concessionaire/Driver agrees to adhere to SIITECS’s policies and instructions regarding the use of FIABLE’s intellectual property rights, as they are published or communicated periodically.
7.- APPLICATION UPDATES.
7.1 SIITECS may (but will not be obligated to) make FIABLE Application updates available for download to the Concessionaire/Driver. It is established that downloading any of the updates implies that the Concessionaire/Driver accepts the Terms and Conditions in force at the time of download and voluntarily waives their right to use any previous version of the Application.
7.2 The Application has been programmed in such a way that it is able to automatically connect to the Internet and search for available updates, which may be downloaded automatically.
7.3 SIITECS reserves the right to delete and/or modify the content of the Application, when it deems it necessary, in order to comply with FIABLE’s commercial standards, as well as with the legal provisions that may be applicable.
8. TEXT MESSAGES.
8.1 By creating an account, you agree that the Services may send you informational text messages (SMS) or push notifications as part of the normal business activity of your use of FIABLE’s services. You may request not to receive informational text messages (SMS) or push notifications from FIABLE at any time by sending an email to soporte@siitecs.mx indicating that you no longer wish to receive such messages, along with the phone number of the mobile device that receives the messages. You acknowledge that requesting not to receive informational text messages (SMS) may affect your use of the Services.
9.- INTERNET CONNECTION AND ONLINE SERVICES.
9.1 The Application needs to be connected to the Internet for its operation. Likewise, it is necessary for your device to connect to the Internet when opening the application to notify FIABLE that it has been correctly installed and that it is enabled to use its functions and receive service requests from Passenger Users. When the Application connects to the Internet, an Internet protocol address associated with your current Internet connection is sent to a FIABLE website.
9.2 The Application may provide you with access to websites and/or services offered by third parties. Your use of those websites and/or services made available to you through the Application, but provided or managed by third parties, is subject exclusively to the terms and conditions corresponding to said services. In this sense, SIITECS is not responsible for the content, functionality and any other aspect regarding said websites and/or services, and may even, at any time and for any reason, without prior notice, modify or withdraw access to any website and online services offered by third parties.
SIITECS does not control, approve, accept, nor is it responsible for online services offered by third parties, including those facilitated by FIABLE within the Application. The relationship that is formed between the Concessionaire/Driver and said third parties will be their own responsibility and, from now on, the Concessionaire/Driver agrees to hold SIITECS harmless from any conflict or claim of any nature that may arise from the Concessionaire/Driver’s relationship with said third parties. Consequently, any condition established between the Concessionaire/Driver and a third party in relation to an online service offered by the latter, including privacy policies and the use of personal information, the delivery and payment for goods and/or services, as well as any other terms associated with such services, will be binding solely and exclusively on the Concessionaire/Driver and said third party, but not on SIITECS.
10.- DISCLAIMER OF WARRANTIES.
10.1 The Concessionaire/Driver acknowledges that FIABLE authorizes the use of the Application “as is”, without any type of guarantee of its operation, since SIITECS is not the creator of the software.
10.2 By means of this document, the Concessionaire/Driver acknowledges that they assume the risk and responsibility regarding any type of damage that they could suffer as a consequence of any breach, act, action or omission by Passenger Users who request services through the Application. This is because the relationship between the Concessionaire/Driver and the Passenger Users is direct. Consequently, [SIITECS will not, under any circumstance, be responsible for damages, losses, claims, losses or costs of any kind incurred by the Concessionaire/Driver, even if they arise from the use of the Application].
10.3 SIITECS does not grant any guarantee regarding the content of the Application nor the truthfulness, integrity or completeness of the information contained in the Application or the information provided by other Concessionaire/Drivers or passengers, including information regarding the honorability, location and identity of any Passenger User. The information, advice, concepts, ratings, evaluations and opinions posted on the Application do not necessarily reflect the position of FIABLE, nor of its employees, officers, directors, shareholders, licensees, licensors, suppliers and affiliates. For this reason, SIITECS is not responsible for any information, advice, opinions and concepts that are issued or posted on the Application.
10.4 The Concessionaire/Driver acknowledges that there is no employment or subordinate relationship between the Concessionaire/Driver and SIITECS or any of its affiliates, derived from each and every activity performed by the Concessionaire/Driver to which these Terms and Conditions are applicable, in accordance with the applicable labor, social security and tax laws and regulations in Mexico.
10.5 Notwithstanding the foregoing clauses and for the sake of clarity between the parties, SIITECS does not guarantee:
(i) The availability of the Application due to technical problems attributable to communication systems and Internet connection;
(ii) The absence of viruses, errors, deactivators or contaminating materials or with destructive functions in the Application; or
(iii) That the Concessionaire/Driver will receive service requests.
11.- DECLARATIONS AND INDEMNIFICATION.
11.1 By entering into this agreement, downloading the Application and each time the Concessionaire/Driver uses the digital taximeter, geolocation services, emergency buttons or accepts a service request through the Application, it will be automatically understood that the Concessionaire/Driver declares that:
• They have authorization from the State of Durango to be able to drive concessioned public transport by means of a type “A” driver’s license and a valid driver card with a unique operator folio;
• They undertake to submit to SIITECS every six (6) months, or earlier, if SIITECS so requires, the necessary documentation to demonstrate their full compliance with the competent Authority for the provision of the individual public transport service as a Concessionaire/Driver;
• They will not carry out actions or use terms that imply violence against women on the grounds of gender; or that undermine their dignity and respect for their human rights;
• The vehicle used to provide transportation services to Passenger Users affiliated with the Application is in good condition for such purpose and they undertake to keep in force the insurance policy with sufficient coverage to cover damages that may be caused to users, pedestrians, Concessionaire/Drivers, persons or third parties, both in their person and in their property, as well as to the urban, road and mobility infrastructure, and in general, any damage arising from transportation services;
• They are and will remain in optimal health conditions to provide the services contracted by Passenger Users, undertaking that, in the event that they are not in such conditions, they will refrain from using the Application to provide the transportation service;
• They will not accept or perform services under the influence of drugs, narcotics, intoxicants, alcoholic or intoxicating beverages, psychotropics or any type of substance that endangers or risks their abilities to properly drive the vehicle;
• They will respect traffic regulations and, in general, the laws, regulations, administrative provisions and other applicable regulations of the State of Durango;
• They will make use of any holder that facilitates the use of the mobile device without obstructing the visibility or operability of the mobile device intended for the provision of the service, which must be adapted to the vehicle’s dashboard.
• All payments made in favor of SIITECS, if any, under this document, will be made with funds of lawful origin;
• The vehicle used and to be used for the provision of services to Passenger Users is of lawful origin;
• They will respect the established fares shown in the Application and will not charge amounts or fees in addition to or in excess of said fares;
• They provide and will provide transportation services diligently and will be responsible for their reputation with Passenger Users who use the Passenger Application;
• They undertake to process through the application each and every trip they make in the provision of the individual public transport service and not to take steps to attract as personal clients the Passenger Users they transport through the use of the Application.
• In the event that a Passenger User forgets an item inside their vehicle, the Concessionaire/Driver User must deliver it as soon as possible to SIITECS’s address for return. Under no circumstances may the Concessionaire/Driver User keep the forgotten items or charge a fee for returning the forgotten item.
11.2 It is expressly established that the service performed through the Application constitutes an autonomous and independent contractual relationship between the Concessionaire/Driver and the Passenger User who requests the service. By virtue thereof, any dispute; conflict; controversy or; negotiation that may arise from such services must be resolved directly between the Concessionaire/Driver and the Passenger User, as parties independent of SIITECS.
The scope of this clause includes SIITECS’s right to receive the applicable indemnification from the Concessionaire/Driver in the event that it suffers any damage or harm resulting from the situations described.
11.3 The Concessionaire/Driver expressly acknowledges that what SIITECS does is only authorize the use of the FIABLE Application so that the Concessionaire/Driver, freely and independently, can connect with Passenger Users who request services through the FIABLE Application. In this sense, SIITECS will not be responsible for any event, circumstance or damage that may be generated during the aforementioned services.
11.4 By entering into this agreement, the Concessionaire/Driver undertakes not to perform any of the following actions:
i) Use the Application for any purpose other than that established in this agreement, and in general, for any illegal purpose that harms, causes damage or may potentially harm or cause damage to SIITECS or any third party. In the event that SIITECS requires the statement or declaration of the Concessionaire/Driver regarding facts that occurred during their use of the Application and that resulted in complaints or claims received by SIITECS from Passenger Users or third parties who allege that they suffered damages as a result of the provision of services contracted to the Concessionaire/Driver through the Application, the Concessionaire/Driver hereby undertakes to cooperate to the extent that SIITECS requests, including without limitation the signing of judicial, administrative or notarial statements in which they must recount in detail the incident that occurred. Such judicial, administrative or notarial statements must contain truthful facts, since this document may be presented to the pertinent authorities when they so require; therefore, in the event that it contains false information, SIITECS or any third party or authority may initiate, separately or jointly, the pertinent legal actions.
ii) Transfer or otherwise include or attempt to include files that contain viruses, trojans, and other programs that affect or may harm the operation of the Application;
iii) Access or attempt to access other users’ accounts or penetrate or attempt to penetrate any security measure within the Application;
iv) Post and/or disseminate any information that may defame, be obscene, threaten, harass, discriminate against or be abusive to an individual or group of individuals, with special consideration to information related to religion, gender, sexual orientation, race, ethnicity, age, disability, among others;
v) Promote your individual services or any type of product and/or service in general through the Application or during the provision of services to Passenger Users.
12.- APPLICABLE LAW AND JURISDICTION.
12.1 This agreement shall be governed by the laws of the State of Durango. Any dispute or controversy related to this Agreement shall be resolved in the competent courts of the City of Durango, Durango. Both parties waive any other jurisdiction that may correspond to them due to their present or future address or for any other reason.
13.- TERM AND TERMINATION.
13.1 This agreement will remain in force for an indefinite period. The Concessionaire/Driver or SIITECS may terminate it at any time, without prior notification from SIITECS, except for the modification of the Terms and Conditions in the Application or official website. Termination of the agreement will imply that the Concessionaire/Driver’s right and authorization to use the Application will cease to be in effect, and therefore they undertake to delete the Application from their cell phone, mobile or tablet at the time the agreement is terminated.
13.2 Notwithstanding the provisions of the previous clause, non-compliance by the Concessionaire/Driver with any of the obligations established in this document will generate the automatic termination of this agreement, with the Concessionaire/Driver’s right and authorization to use the Application ceasing immediately. Upon automatic termination, SIITECS will send a communication to the Concessionaire/Driver.
13.3 It will be cause for termination if the Concessionaire/Driver loses the validity of their driver’s license or concession to operate public transportation (taxi) vehicles.
14.- NATURE OF THE AGREEMENT.
14.1 The Concessionaire/Driver declares and acknowledges that this agreement may not be considered as an employment agreement nor an independent services provision; it does not create any present or future association of any kind between the Parties, and must be considered solely and exclusively as an agreement for the use of an Application, between independent parties, which will allow the Concessionaire/Driver to capture service requests made by Passenger Users.
15.- AUTONOMY AND INDEPENDENCE.
15.1 In accordance with the purpose of this agreement, hereby, the Concessionaire/Driver will have the right to use the Application that will allow them to identify service requests from Passenger Users. Thus, after the Concessionaire/Driver uses the technology provided by FIABLE and verifies the requests of potential Passenger Users who require their services, it will be the Concessionaire/Driver’s decision to choose the services they will accept and the number of services they will perform. Thus, the transportation services provided by the Concessionaire/Driver will be provided independently and autonomously, assuming the risks inherent to the activity. Likewise, the service will be executed at the Concessionaire/Driver’s own account, cost and risk; SIITECS will in no case and in no way be responsible for losses suffered by the Concessionaire/Driver in the provision of their Services, including, but not limited to, loss of business or lost profits, for any reason.
16.- GENERAL PROVISIONS.
16.1 SIITECS and the Concessionaire/Driver agree that in the event that any of the clauses and numerals of this agreement is declared null, illegal or unenforceable by a competent court, said provision will be considered and interpreted separately from the other provisions contained herein, and will not in any way affect the validity, legality and enforceability of the rest of this agreement.
16.2 Sections 10, 12, 13, 14 and 16 will remain in force after termination of this Agreement for any reason.
16.3 This agreement represents the entire agreement between SIITECS and the Concessionaire/Driver in relation to the FIABLE Application and replaces any previous agreement, statement, conversation, commitment, communication or advertising in relation to the Application.
16.4 In the event that the Concessionaire/Driver User wishes to contact SIITECS, whether for inquiries, complaints and/or suggestions, they must send an email to: soporte@siitecs.mx with all the necessary information for its attention and follow-up.
Act21122023-001
TERMS AND CONDITIONS PASSENGER
SOLUCIONES INTEGRALES E INNOVACIÓN TECNOLÓGICA SUSTENTABLE S.A. DE C.V., with address at Andador Analco #218 Col. De Analco, Municipality of Durango, Dgo. C.P. 34138, hereinafter referred to as “SIITECS“, is a company incorporated under the laws of Mexico, which is the legal entity.NOTICE FOR PASSENGER USERS:
The Passenger User accepts all the terms and conditions set forth in this document before using the FIABLE Application and any eventual future update of said Application and/or of these terms. Likewise, the Passenger User accepts the current complementary and/or specific policies that may exist for specific services, as well as their updates, at the time they occur. If the Passenger User does not agree with the following Terms and Conditions or with any of the current complementary and/or specific policies that may exist for specific services, they must refrain from using the Application and its updates, since the use of the Application implies the User’s expression of agreement with all the Terms and Conditions.DECLARATIONS OF PASSENGER USERS:
The Passenger User declares under oath and acknowledging that the truthfulness of their statements is a fundamental element for the authorization to use the Application (as that term is defined below) that: they are at least 18 years of age or the age that the applicable legislation marks as the age of majority, or that, being a minor, they have the express consent of the person who exercises parental authority or guardianship over them, as applicable. In this sense, the Passenger User declares that they have the capacity required by applicable law to be bound under the terms of this agreement, and to abide by and fulfill their contractual obligations agreed herein. By downloading and/or using the Application you represent and warrant the following: That you are fully capable and that, being in full exercise of your capacity, it is your will to be bound under the terms established herein. That you are able and have sufficient resources to pay the Concessionaire/Drivers for the service provided by the latter. That the information you provide to SIITECS will be truthful and accurate. That you acknowledge that the use of the Application is on a personal basis, and therefore you undertake not to allow your profile within the Application to be used by a third party, different from you. That you are fully aware and accept that the Application has the sole purpose of connecting those Passenger Users who wish to contract: 1) public transportation services in the State of Durango.1.- DEFINITIONS
For the purposes of this agreement, the following definitions shall be taken into account, regardless of whether they are used in the singular or plural form: “Application” or “FIABLE Application” means the application called “FIABLE” for Passenger Users, which is a software platform that allows your cell or mobile phone, tablet and/or personal computer to perform the functions or tasks described in section 3 of this agreement. “Concessionaire/Drivers Users Application” means the application called “FIABLE Concessionaire/Driver” which is a software platform that allows the cell or mobile phones of affiliated Concessionaire/Driver Users to accept service requests made by Passenger Users. “Authorized Tariff Base” means the amount of money authorized by the tariff agreement issued by the STCH, which the service user must pay, which is composed of the flag drop, distance and time calculation and is an element of the Integrated Fare. “Electronic payment commission” means the amount generated to cover electronic payment services to a third party that does not directly participate in the provision of the service (banking, financial or similar institutions). “Password” means the identifiers, passwords or other forms of identity verification necessary to access the Application. “Reservation fee” means the total amount of money authorized by the tariff agreement issued by the STCH, which the Permit Holder must charge to the electronic wallet in the prepaid modality. “Fee by Type of Service” means the charge amount authorized by the tariff agreement issued by the STCH, whose amount will be calculated based on the type of vehicle with which the service is provided, which is part of the Single Trip Fee. “Single trip fee” means the payment amount authorized by the tariff agreement issued by the STCH, which must be paid by the User when they request a service through the Mobile Application. “Time factor” means the percentage increase over the integrated fare that may apply depending on the service start time. “Mexico” means the United Mexican States. “Passenger User” means the passenger who has completed the registration process, accepted the Terms and Conditions detailed below and has been authorized by SIITECS to use the Application. “Integrated Fare” means the amount of money authorized by the tariff agreement issued by the STCH, which the user pays for services requested freely or, as the case may be, forms part of the Single Trip Fee, in those requested through the Mobile Application. “FIABLE” means the trademark owned by SOLUCIONES INTEGRALES E INNOVACIÓN TECNOLÓGICA SUSTENTABLE S.A. DE C.V., a company incorporated under the laws of Mexico, which is the owner or authorized licensee of the Application. “Concessionaire/Driver User” means the Concessionaire/Driver or trained driver, who is fit to operate the controls of a vehicle or unit of the Individual Public Transportation Service and who has obtained from FIABLE a registration in order to be able to use the “Concessionaire/Drivers Application” that allows them to accept service requests made by Passenger Users; likewise, they have been authorized by the State of Durango to operate public concessioned transport with a type “A” driver’s license and a valid driver card with a unique operator folio.2. AUTHORIZATION TO USE THE APPLICATION, TECHNICAL REQUIREMENTS AND RESTRICTIONS ON USE
2.1 During the term of this Agreement, the Passenger User will have the non-exclusive, free, revocable and non-transferable right to use the Application exclusively for the functions established below in section 3. 2.2 For registration, the Passenger User will receive a password via SMS to the cell phone number registered in the Application so that they will be the only one authorized to access the Application using such password. The Passenger User will be solely responsible for the preservation and confidentiality of their password and undertakes not to disclose it under any circumstances to any other user, and not to use the account, name or password of any other Passenger User. It is expressly established that the use of the password constitutes your unconditional acceptance of the terms and conditions of this agreement. 2.3 The Passenger User will be responsible for having a cell or mobile phone that meets the characteristics and technical requirements to access and use the Application, including the Internet connection. The aforementioned characteristics and technical requirements will be notified to the Passenger User by SIITECS before downloading the Application or any of its updates. It is established that the Passenger User will bear the cost of their telephone and Internet service, and must consult with the respective telecommunications companies the rates for the use of voice and data plans. SIITECS reserves the right to automatically verify the version of the operating system that the User uses to access the Application, from any platform, in order to inform the Passenger User that they need to install or update a given program to access or improve their access to the Application. 2.4 With the understanding that the Application is protected by current legislation on intellectual property, the Passenger User undertakes not to modify, reproduce, copy, perform reverse engineering processes, redesign, decompile, adapt, translate, create or attempt to create derivative works of the Application or use the Application to develop any software or other materials based on it. 2.5 The Passenger User accepts and acknowledges that SIITECS may take legal actions to require and ensure compliance with all the provisions established in this agreement, as well as to request compensation for damages caused by breach of its obligations in accordance with applicable laws. This Agreement in its entirety represents the agreement of wills between SIITECS and the Passenger User. This Agreement may be amended, supplemented or modified. No measure taken in accordance with this Agreement, including the interconnection between the Passenger User and Concessionaire/Driver, shall be considered to constitute a waiver by SIITECS. SIITECS’s waiver of the breach of any provision of this Agreement will not operate or be interpreted in any way as a definitive or continued waiver with respect to that specific breach, and of all its contractual rights under this Agreement in general. Neither inaction nor delay by SIITECS shall be interpreted as a waiver thereof, whether total or partial. Each and every action or right indicated in this instrument are cumulative and in no way are, nor should they be interpreted as, limiting other actions provided by law. 2.6 All information that the Passenger User provides to SIITECS must be truthful. For these purposes, the Passenger User guarantees the authenticity of all data they communicate as a result of completing and subsequently sending to SIITECS the forms necessary for the subscription of the service. Likewise, the Passenger User will be responsible for keeping all information provided to SIITECS through the FIABLE Application permanently updated so that it corresponds, at all times, to their real and current situation. In any case, the Passenger User will be solely responsible for any false or inaccurate statements made and for the damages caused to SIITECS or third parties by the information provided. 2.7 The Passenger User expressly acknowledges that they are the sole and exclusive responsible party for the use they make of the Application, as well as for any action that takes place through said use, and therefore no liability may be imputed to SIITECS. 2.8 The Passenger User acknowledges SIITECS’s right, in the event that their use of the Application is inappropriate, unlawful, abusive or violates these Terms and Conditions, the Complementary Terms and Conditions, the specific Terms of services or, in general, the rights of third parties, current laws and regulations, to immediately and without prior notice remove them from the Application and/or block their access to it. 2.9 More than one user may not be registered from the same phone number. 2.10 In the event that there is a presumption that the Passenger User has violated the law or infringed the rights of third parties through the use of the Application, SIITECS will be fully empowered to provide, upon request of any competent authority (including administrative and judicial authorities), any information that allows or facilitates the clarification of the facts allegedly constituting an infringement or crime. In the event that the affected party is a Concessionaire/Driver, SIITECS will provide the data at its disposal so that the affected party may initiate the corresponding legal actions, a condition that is accepted by the Passenger User by accepting these Terms and Conditions. 2.11 SIITECS recognizes the Passenger user’s right to unsubscribe from the Application by sending an email requesting such to the following email address soporte@siitecs.mx3. FUNCTIONS OF THE APPLICATION
3.1 SIITECS and its FIABLE Application provide a complementary service to the public TAXI service authorized by the Government of the State of DURANGO through geolocation services for the search and virtual contact of Concessionaire/Drivers with passengers. The purpose of this agreement is to grant the Passenger User the use of the Application, so that they can connect through it with the Concessionaire/Driver Users to request services through the Passenger Application. A Concessionaire/Driver may freely and autonomously accept or reject a service request, not being obliged and being solely responsible for the acceptance or rejection of a service request. SIITECS has no employment, agency or similar relationship with the Concessionaire/Driver. Thus, any legal liability (civil, criminal, administrative, or of any other nature) for acts performed, omissions, untrue information and/or regulatory breaches will be the full and exclusive responsibility of the Concessionaire/Driver who provided the Service in the particular case. Through the Application, the Passenger User may request only i) transportation services ii) as well as see the name and location of the respective Concessionaire/Driver, as well as additional information such as the car, the concession, driver card and the vehicle’s plates that will be used for the provision of the Services requested from the Concessionaire/Driver. The Passenger User acknowledges that the information received from the Concessionaire/Drivers will contain personal data, and therefore becomes responsible for the handling of such data and undertakes not to make any use other than that expressly authorized by SIITECS, that is, they must limit its use to the follow-up of the Services contracted with the Concessionaire/Driver. 3.2 The Passenger User may use the Panic Button that allows the public security authorities to be alerted to an emergency situation, and to locate the user and/or the vehicle by means of a global positioning system, in order to provide security to users and Concessionaire/Drivers and which is connected to the Command, Control, Communications, Computing, Coordination and Intelligence Center (C5i). 3.3 The Passenger User may validate the safety of the vehicle before boarding it by scanning the QR codes located on: the outside of both rear doors, on the inside of the right rear door and on the vehicle’s dashboard on the co-driver’s side. A Safe Taxi will be one that:- (i) Complies with the payment of the Mandatory Monthly Fee for the Use of Digital Taximeter Technology, Mobile Application and Panic Button
- (ii) Has a Concessionaire/Driver assigned in the application with an active session in the FIABLE Concessionaire/Driver application
- (iii) Valid license and driver card
- Name of the Concessionaire/Driver
- Authorization number
- Plate
- Type of vehicle
- Brand
- Model
- (i) That is protected by intellectual property rights, trade secret or trademark, or otherwise involves the property rights of third parties, including privacy and publicity rights, unless you own such rights or have permission or a license from their rightful owner to post the material.
- (ii) That is harmful, abusive, illegal, threatening, harassing, defamatory, pornographic, slanderous, invasive of privacy, that harms or may harm minors in any way.
- (iii) That harasses, degrades, intimidates or in any way incites hatred against an individual or group of individuals on any basis, including religion, gender, sexual orientation, race, ethnicity, age or disability.
- (iv) That discriminates based on race, ethnicity, religion, sex, national origin, age or disability.
- (v) That includes personal or identifying information.
- (vi) That seeks to impersonate another person or entity, including, but not limited to, a SIITECS employee, or that seeks to make false statements or seeks to distort or seeks to make believe the existence of affiliation with a person or entity.
- (vii) That constitutes, promotes or contains “pyramid schemes”, “affiliate marketing”, “referral link code”, “junk mail”, “spam”, “chain letters”, or unsolicited commercial advertisements.
- (viii) That references or includes links to third-party commercial services or websites.
- (ix) That advertises or offers unlawful services or the sale of any item whose sale is prohibited or restricted by applicable law.
- (x) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment.
- (xi) That disrupts the normal flow of dialogue with an excessive amount of messages (mass attack) to the Service, or that negatively affects the ability of other users to use the Service.
4. USE AND DOWNLOAD OF THE APPLICATION
4.1 The use and download of the Application in accordance with this agreement will be completely free of charge for the Passenger User. Notwithstanding this, the Passenger User will be responsible for paying the cost of the Services to their provider, the Concessionaire/Driver, as well as the cost of their telephone and Internet service, and must consult with the respective telecommunications companies the rates for the use of voice and data plans.5. PAYMENT FOR THE PASSENGER USERS’ RIDE
5.1 In a service request via the application, the fare price is shown in National Currency prior to the start of the service, and will be the cost to be covered by the Passenger User. In case of a change of destination during the trip or travel on toll roads, the total amount will be calculated at the end of the trip, considering the conditions present during the journey. Among others, distance, time, traffic conditions. 5.2 For trips using the taximeter functionality, the current flag drop authorized by the Undersecretary of Mobility and Transportation of Durango will be used, adding the time and distance factor. 5.3 The Single Trip Fee is made up of the systemized calculation that contemplates the sum of the integrated fare, the fee by type of service (vehicle) and the reservation fee when it applies. All the above concepts are consolidated into one when the integrated fare comes from or has been calculated based on the flat fare, in which case the reservation fee will not be added to the single trip fee as it is already included within the integrated fare, the concessionaire having to pay said reservation fee to the permit holder, debiting it from their electronic wallet. 5.4 From time to time and at SIITECS’s sole discretion, it may make available to the general public, or to selected users, promotions and discounts; in any case, their terms and conditions of use will be available in the Application; the Promotions and Discounts: (i) must be used in accordance with the specific policies established, (ii) may not be used beyond the established term; (iii) may be revoked by SIITECS at any time, within the framework of current legislation, without legal liability for SIITECS; (iv) in the case of reserved promotions, they may not be made available to the general public by the beneficiaries. Notwithstanding the foregoing, the Passenger User understands and accepts that each promotion will be governed by its specific rules, which will be detailed in their corresponding links. SIITECS may restrict the use of promotions and discounts when users make improper, unlawful or abusive use of them. 5.5 Clarifications of the stated fare:- (i). Tolls: The total amount corresponding to the trip will be calculated automatically in the Application; the amounts generated by the use of toll roads will be integrated into the total price shown to the Passenger User in destinations with Flat Fare.
- (ii). Reservation fee charge: Percentage that will be charged by SIITECS on the total amount of each trip (not including tolls or government contributions) for the trip request from the Passenger application.
- (iii). Refund of fares: In the event that the Passenger User has any claim regarding the amounts charged (such as double or excessive charges) they must initiate, through any contact means established in 3.7, the proper clarification process by the Passenger User.
6. PROHIBITION OF DISTRIBUTION AND TRANSFER
6.1 The Passenger User may not distribute, lease, license, assign or transfer their rights to use the Application, nor authorize its total or partial copy on another user’s device. The Passenger User will not make the Application available to other users in any way nor on a host server, service bureau or the like, nor through the Internet or in any way.7. INTELLECTUAL PROPERTY RIGHTS AND CONTENT OBLIGATIONS
7.1 SIITECS, its suppliers and affiliates, are holders or licensees of the intellectual property of the Application, including the copyrights over the source code and object code of the Application and the rights over all trademarks, logos, slogans, designs, images, videos, information, music, sounds, trade names and other intellectual and industrial property rights that are part of the content of the Application. Consequently, the Passenger User is expressly prohibited and thus undertakes not to copy, reproduce, modify, alter, distribute, delete or in any way use said intellectual property in a manner other than that established in this Agreement. 7.2 This agreement is one of authorization of use and not of sale; therefore the authorization received by the Passenger User to use the Application does not imply that they receive ownership of the Application or its rights. Consequently, the Passenger User is prevented from installing, copying and/or using the Application or website in a manner contrary to that established in this agreement. SIITECS, its suppliers and affiliates reserve all rights not expressly granted under this agreement. 7.3 The Passenger User has not provided any consideration for the use of FIABLE’s intellectual property rights, and none of the provisions of this agreement will grant the Passenger User any right over FIABLE’s intellectual property rights. The Passenger User will not use, nor apply for or hinder the registration, within the territory, of trademarks, trade names, logos, corporate names, domain names, distinctive signs or other designations, nor attempt to register trademarks, trade names, logos, corporate names, domain names, distinctive signs or other designations that could cause confusion with FIABLE’s intellectual property rights. 7.4 The Passenger User acknowledges that SIITECS is the owner of all of FIABLE’s intellectual property rights and other intellectual rights of SIITECS, and therefore agrees not to claim at any time during the term of this agreement or thereafter any right nor to affect the validity of any of SIITECS’s intellectual property rights (including, without limitation, any act or assistance that could violate or cause the violation of any of FIABLE’s proprietary rights). The Passenger User agrees to adhere to SIITECS’s policies and instructions regarding the use of FIABLE’s intellectual property rights, as may be published or communicated periodically.8. APPLICATION UPDATES
8.1 SIITECS may (but will not be obligated to) make updates to the Application available for download to the Passenger User. It is established that downloading any of the updates implies that the Passenger User voluntarily waives their right to use any previous version of the Application. 8.2 The Application has been programmed in such a way that, upon opening it, it is able to automatically connect to the Internet and search for available updates, which may be downloaded automatically, provided the device’s configuration allows it. 8.3 SIITECS reserves the right to delete and/or modify the content of the Application, when it deems it necessary, in order to comply with FIABLE’s commercial standards, as well as with the legal provisions that may be applicable. 8.4 The update of the Application has no cost; however, there may be costs associated with the user’s data plan for such download process. It is the exclusive responsibility of the Passenger User to check costs applicable to the download of the Application and its eventual updates; SIITECS will not assume any cost or claim of any kind.9. TEXT MESSAGES
9.1 By creating an account, you agree that the Services may send you informational text messages (SMS) or push notifications as part of the normal business activity of your use of FIABLE’s services. You may request not to receive informational text messages (SMS) or push notifications from FIABLE at any time by sending an email to soporte@siitecs.mx indicating that you no longer wish to receive such messages, along with the mobile device phone number that receives the messages. You acknowledge that requesting not to receive informational text messages (SMS) may affect your use of the Services.10. INTERNET CONNECTION AND ONLINE SERVICES
10.1 The Application needs to be connected to the Internet for its proper operation. Likewise, it is able to make the mobile or cell phone or tablet connect automatically to the Internet to notify FIABLE that the Application has been correctly installed and that it is henceforth enabled to use its functions, as well as to make service requests. It also requires the GPS function to be active. When the Application automatically connects to the Internet, an Internet protocol address associated with your current Internet connection is sent to a FIABLE website. 10.2 The Application may facilitate access to websites and services maintained by third parties. Your use of an online service offered by third parties is subject exclusively to the terms corresponding to said service. In this regard, SIITECS may, at any time and for any reason, without prior notice, modify or disable access to any third-party websites and online services. SIITECS will not be responsible for any type of commercial information or offers issued by the online services offered by third parties, or any third party that has contracted the publication of an advertising space for the marketing or promotion of goods or services within the Application. Any agreements reached with third parties (including advertisers) present in the Application, as well as participation in promotions and, in particular, the privacy policies and the use of your personal information, the delivery and payment of goods and services, but also any other term, condition, warranty or representation associated with such agreements or promotions, are exclusively between the Passenger User and the advertiser or third party. You expressly acknowledge that SIITECS assumes no responsibility regarding such agreements or promotions. SIITECS does not control, approve or accept any responsibility for online services offered by third parties. Likewise, it is not part of the relationship formed between the Passenger User and said third parties. Consequently, any condition established between the Passenger User and a third party in relation to a third-party online service offered by the latter, including the privacy policies and the use of your personal information, the delivery and payment for goods or services and any other terms associated with such services, will be binding solely and exclusively for the Passenger User and said third party, but not for SIITECS; therefore the latter assumes no responsibility whatsoever.11. DISCLAIMER OF WARRANTIES
11.1 SIITECS does not warrant that the Services, or any part thereof, will operate on any hardware or device that fails to meet the minimum conditions established in the Agreement that establishes the Adjustment to Fares in Vehicles intended for the Provision of the Individual Public Transport Service through Digital Taximeter and Mobile Application, Panic Button and Geolocation Service, and the different types of Service. In addition, the Services may be subject to intermittencies or delays inherent to the use of the Internet and electronic communications that do not depend on SIITECS. The limitations and the disclaimer in this section are not intended to limit liability or alter your consumer rights that cannot be excluded under applicable law. 11.2 By means of this document, the Passenger User acknowledges that they assume the risk and responsibility regarding any type of damage that they could suffer as a consequence of the breach, act, action or omission by the Concessionaire/Driver Users who handle the trips requested through the Application. This provision is fundamentally due to the fact that the relationship between the Concessionaire/Driver Users and the Passenger Users is completely independent from SIITECS. Consequently, SIITECS is not, under any circumstances, responsible for damages, losses, claims, losses or costs of any kind arising from the Passenger User’s use of the Application. 11.3 SIITECS makes no representation or warranty whatsoever regarding the content of the Application nor the truthfulness, integrity or completeness of the information contained in the Application or the information provided by other Concessionaire/Drivers or passengers, including information regarding the honorability, location and identity of any Concessionaire/Driver. SIITECS is not responsible for any information, advice, opinions and concepts that may be issued or published on its social networks, website, or any space that allows interaction between Passenger Users and/or Concessionaire/Driver Users. 11.4 SIITECS is not responsible for any damage, harm or loss to the Passenger User caused by failures in the system, server or Internet. SIITECS will also not be responsible for any virus that may infect the Passenger User’s equipment as a result of access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audios contained therein. Passenger Users may NOT impute any responsibility to it nor demand payment for damages, by reason of damages and/or losses resulting from technical difficulties or failures in the systems or on the Internet. SIITECS does not guarantee continuous or uninterrupted access and use of the Application. The system may eventually not be available due to technical difficulties or Internet failures, or due to any other circumstance beyond SIITECS’s control; in such cases, efforts will be made to restore it as quickly as possible, without any liability being imputed for this reason.12. LIABILITY FOR LOSS OF ITEMS.
Through this document, SIITECS informs Passenger Users of the responsibilities assumed as a company dedicated to the technology sector. In this regard, we commit to cooperating by providing the information available to us regarding Concessionaire/Drivers about possible lost items during transportation services, provided there is no legal impediment to do so. Likewise, we remind you that, according to the provisions of this contract, SIITECS is exempt from any civil, criminal, or administrative liability for the loss of any item belonging to the Passenger User. In the event that we have in custody any item and/or element delivered to our offices by Concessionaire/Drivers Users, these will be available to their owners for the following periods:- In the case of perishable items, they will be discarded immediately after being received at our offices.
- In the case of illegal items, for the safety of SIITECS employees and its Concessionaire/Drivers Users, they will be delivered to the authorities immediately after being received at our offices, providing the information requested for such purposes.
- In the case of all other forgotten items, they will be discarded within 30 (thirty) days after being received at our offices if the Passenger User does not claim them within that period.