USER AND CUSTOMER PRIVACY NOTICE

 
 
CMS ONLINE SERVICES, S.C. (HEREINAFTER IDENTIFIED AS ("CleverClick 360") AS THE COMPANY RESPONSIBLE AND RESPONSIBLE FOR THE PERSONAL DATA, MAKES AVAILABLE THE PRESENT PRIVACY NOTICE IN ORDER TO GUARANTEE THE RIGHT OF THE OWNERS TO INFORMATIVE SELF-DETERMINATION.
 
THIS PRIVACY NOTICE IS MADE AVAILABLE TO THE OWNERS ON THE WEBSITE WWW.CLEVERCLICK360.COM (HEREINAFTER REFERRED TO AS THE WEBSITE).

I. RESPONSIBLE PARTY: IDENTITY AND ADDRESS.

The party responsible for processing personal data is CMS ONLINE SERVICES, S.C. (hereinafter, CleverClick 360), located at Tlaxcala 178, Hipódromo, 06100, Cuauhtémoc, CDMX. The entity commits to respecting the provisions of this Privacy Notice, as well as the Federal Law for the Protection of Personal Data Held by Private Parties (hereinafter the "Law"), its Regulations, and the Privacy Notice Guidelines.

 

I.PERSONAL DATA SUBJECT TO PROCESSING.

Under this Privacy Notice, CleverClick 360 informs the holder that it will process the following personal data:

I.I. Users:

a) Identification Data. 

b) Contact data. 

c) Browsing data.

I.II. Clients: 

a) Identification Data. 

b) Contact data.

c) Financial and property data.

Additionally, it is informed to the holder that CleverClick 360 will not process Sensitive Personal Data.

In terms of Article 8 of the Law, the holder expressly consents to CleverClick 360 processing their personal data, including financial and property data.

II. PURPOSES OF PERSONAL DATA PROCESSING. 

CleverClick 360 will process the holder's personal data for the following purposes:

II.I. Users:

A) Primary Purposes:

  1. Maintain communication with the holder regarding the services offered by CleverClick 360 to the general public.
  2. To send you the proposals of those services that are of your interest in CleverClick 360 .

B) Secondary purposes: 

  1. Analyze, evaluate habits, as well as improve the Holder's browsing experience on the CleverClick 360.
  2. Send promotional and advertising material about the products and services marketed by CleverClick 360.

II.II. Clients: 

A) Primary Purposes: 

  1. Verify the holder's identity and confirm the accuracy of personal data provided to CleverClick 360.
  2. Contact the holder to send proposals for services offered by CleverClick 360 and follow up on these.
  3. Carry out the provision of services contracted by the holder. 
  4. Create, manage, and administer the tools enabling the provision of services acquired by the holder at CleverClick 360.
  5. Issue and keep invoices for operations and services contracted by the holder at CleverClick 360
  6. Maintain necessary communication with the holder to fulfill contractual obligations. 
  7. Keep the holder's information up to date.
  8. Maintain a record in CleverClick 360's accounting and administrative systems about the holder, the services provided, and payments made or to be made.
  9. Address requests for rights from the holder at CleverClick 360.

B) Secondary purposes:

  1. Contact the holder to notify website updates, reports on the processing and status of their personal data.
  2. Prepare reports on the holder's activity at CleverClick 360.
  3. Send promotional and advertising material about the products and services marketed by CleverClick 360.

III. MECHANISMS FOR THE HOLDER TO EXPRESS THEIR REFUSAL FOR THE PROCESSING OF THEIR PERSONAL DATA FOR SECONDARY PURPOSES.

In the event that the holder does not want their personal data to be used for all or some of the secondary purposes contained in the previous section, they must send an email to the address [email protected] with the subject "Refusal of Processing for Secondary Purposes." In the email, the holder must specify for which purposes they wish to express their refusal, as well as their identification data, so that their request can be fulfilled.

IV. TRANSFER OF PERSONAL DATA.

The holder is informed that CleverClick 360 will carry out the following transfers of their personal data:

Third Party Purpose ConsentPurposeConsent
Judicial and/or administrative authorities.Compliance with legal provisions and exercise of CleverClick 360's rights.Not necessary.

V. MEANS AND PROCEDURE FOR THE EXERCISE OF THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, OR OPPOSITION.

CleverClick 360 recognizes the possibility for the holders to exercise ARCO Rights over their personal data, which consist of the following:

A. Right of Access: To know which of their personal data CleverClick 360 holds and the purposes of its processing.

B. Right of Rectification: To request the correction of their personal data in case they are outdated, inaccurate, erroneous, or incomplete.

C. Right of Cancellation: Request for the deletion of any record or copy of their personal data, whether physical or electronic.

D. Derecho de Oposición: Solicitar el cese en el uso de sus Datos Personales.

The exercise of the rights described in this section is carried out through a written request sent by email to the address [email protected] with the subject "Exercise of ARCO Rights." The aforementioned email address corresponds to the department that will process the requests in question and can be contacted by the holders at any time.

The holder must provide the following information:

  1. Full name and address. 
  2. Clear and precise description of the personal data regarding which they intend to exercise any of the ARCO Rights, in addition to any document that allows locating them. 
  3. Indication of the ARCO Right they wish to exercise. 
  4. In case of a request for data rectification, the modifications to be made should be indicated, and the documentation justifying the reason for the requested changes should be provided.

Additionally, the request must be accompanied by the following documents:

  1. Copy of the official identification of the holder or their representative. 
  2. Document and/or information that proves that the personal information is in possession of CleverClick 360.
  3. In the event that the holder does not personally present the request, whoever does so must accredit their representation, through a public deed or power of attorney signed before two witnesses, along with the official identifications of the holder and representative.

Once the holder's request is received, CleverClick 360 will send an acknowledgment of receipt by email. Subsequently, it will respond to the holder's request by email within a period not exceeding 20 (twenty) business days from the date of receipt. This period will only be applicable as long as CleverClick 360 has sufficient information to address the request, in terms of what is established in the following paragraph.

The holder must consider that, in order to have sufficient elements to address their petition, CleverClick 360 may request additional information within 5 (five) business days following the receipt of the request. From CleverClick 360's request, the holder will have a period of 10 (ten) business days to address this requirement. In this case, the period of 20 (twenty) business days mentioned in the previous paragraph will begin to run the day after the holder has addressed CleverClick 360's request.

If the request is declared appropriate and the holder has accredited their personality and the ownership of the ARCO Right they intended to exercise, the access to personal data, the requested changes, the cancellation, or the response to the opposition will be made within a maximum period of 15 (fifteen) business days from the date on which the response to the request was given. 

In the case of access requests to personal data, their delivery will proceed upon accreditation of the identity of the applicant or representative, as appropriate. This delivery will be made in simple copies at the address mentioned in this document, or in electronic documents to the email address from which the request was sent.   

In the event that the purpose of the request is opposition, the processing of personal data will cease the next business day following the date on which the affirmative response was communicated to the holder.

VI. MEANS AND PROCEDURE FOR REVOCATION OF CONSENT.

At any time and for any reason, the holder may revoke the authorization given to CleverClick 360 for the processing of their personal data. CleverClick 360 states that, for the fulfillment of certain purposes, the revocation of consent could mean the impossibility of continuing the relationship between the holder and CleverClick 360.

In this case, the revocation of consent will be carried out according to the following procedure:

A. Sending an email to the address [email protected] with the subject "Revocation of Consent."

B. In the body of the message, the following should be indicated:

  1. The full name of the holder. 
  2. Date from which they wish the revocation to be effective. 
  3. Copy of the official document proving their identity, which should be attached to the request. In the event that the holder does not personally present the request, whoever does so must accredit their representation, through a public deed or power of attorney signed before two witnesses, along with the official identifications of the holder and representative.

CleverClick 360 will respond to the request by email within a period of 20 (twenty) business days from the date of receipt. This period will only be applicable as long as CleverClick 360 has sufficient information to address the request, in terms of what is established in the following paragraph.

The holder must consider that, in order to have sufficient elements to address their petition, CleverClick 360 may request additional information within 5 (five) business days following the receipt of the request. From CleverClick 360's request, the holder will have a period of 10 (ten) business days to address this requirement. In this case, the period of 20 (twenty) business days mentioned in the previous paragraph will begin to run the day after the holder has addressed CleverClick 360's request.

VII. RESPONSIBLE FOR PROCESSING ARCO RIGHTS REQUESTS, LIMITATION OF USE AND DISCLOSURE, AS WELL AS REVOCATIONS.

In case the Holder wishes to revoke their consent, limit the use and disclosure of their information, as well as to Access, Rectify, Cancel or Oppose the Processing of their Personal Data, they must do so through the Department designated by CleverClick 360, whose contact details are listed below:

A. Responsible: PERSONAL DATA PROTECTION DEPARTMENT OF CleverClick 360.

B. Email: [email protected]

VIII. MEANS TO LIMIT THE USE OR DISCLOSURE OF PERSONAL DATA.

CleverClick 360, in order to ensure the protection of the Personal Data of the Holders, commits to the execution of legal acts, the adoption of privacy policies, Personal Data protection, and information security requirements within its organization, as well as implementing technological, physical, and administrative security measures.

CleverClick 360 stores personal information in databases with limited access located in controlled facilities with security mechanisms. CleverClick 360 commits to treating the information provided by the Holder as confidential.

Additionally, CleverClick 360 provides alternative mechanisms to the exercise of ARCO Rights for Holders to limit the use and disclosure of their Personal Data. In this regard, it is made known to the Holder that, to avoid receiving advertising, they can register in the Public Registry to Avoid Advertising (REPEP) of the Federal Consumer Protection Agency (PROFECO), at the link https://repep.profeco.gob.mx/.

In case the Holder wishes to know more about what is addressed in this section, they can send an email to the address [email protected] with the subject "Limitation of Use or Disclosure", expressing their doubts, comments, and suggestions regarding the object of this notice.

IX. STORAGE PERIOD OF PERSONAL DATA. 

In compliance with the principle of quality, all the Personal Data of the Holder will be safeguarded for the time necessary to fulfill the purposes for which they were collected. Subsequently, there will be a blocking period prior to their cancellation.

X. CHANGES TO THE PRIVACY NOTICE. 

It is made known to the Holder that this Privacy Notice may be modified in the time and manner that CleverClick 360 determines, always in accordance with the legislation on the matter.

CleverClick 360 informs the Holders that the changes to this will be notified through the publication of its updated version on the website and/or by sending an email to the address provided by the Holder.

XI. COOKIE POLICY.

Cookies are text files that are stored on the computer equipment used by the Holder when using the website. Cookies help CleverClick 360 to provide a better experience when browsing the website and allow to improve such experience.

CleverClick 360 CleverClick 360 uses cookies on its website, however, each Holder can accept or reject the use of these through the configuration for such purpose on their used devices. Nevertheless, it is important for the Holder to consider that, if they do not accept the use of cookies, some functionalities of the website may not be available.

To deactivate the use of cookies, the Holder can consult the following links:

Firefox
https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
Google Chrome
http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
Microsoft Edge https://support.microsoft.com/es-mx/help/17442/windows-internet-explorer-delete-manage-cookies
 Opera http://help.opera.com/Windows/11.50/es-ES/cookies.html
 Safari
http://www.apple.com/legal/privacy/es/cookies/

XII. LAST UPDATE DATE: October 30, 2023. 30 de octubre de 2023.


Terms and Conditions

 
 
AGREEMENT BETWEEN THE CLIENT AND CLEVER CLICK 360
 

This document is an agreement between you as the Client and CLEVER CLICK 360 as your service provider of CLEVER CLICK 360. By hiring the services of CLEVER CLICK 360, you must have read and accepted the terms and conditions outlined in this agreement, as it lists the rights and obligations for both parties.

Unless there is one signed between THE CLIENT and CLEVER CLICK 360, the Client agrees that this agreement replaces any other contract. CLEVER CLICK 360, el Cliente acepta que este convenio reemplaza cualquier otro contrato. 

IDENTIFICATION OF THE WEBSITE MANAGER

In accordance with the FEDERAL LAW FOR THE PROTECTION OF PERSONAL DATA HELD BY PRIVATE PARTIES, we inform you that CMS ONLINE SERVICES, S.C. (hereafter CLEVER CLICK 360) will be the "RESPONSIBLE" for processing your personal data collected on this website, according to the Privacy Notice contemplated herein. The purpose of this website is to generate informational content available to users to create channels of information, opinions, and collaboration.

You can also contact us via email at [email protected]. [email protected].

QUOTATION AND WORK PROPOSAL

CLEVER CLICK 360 CLEVER CLICK 360 will follow up with the client to determine what type(s) of service(s) will be carried out and will prepare a work proposal specifying the scope of the project according to the client's budget, as well as the time it will take to develop their project.

Our prices are subject to negotiation prior documentation through a contract. In the case that the client has not contracted the project and the prices have been modified, a new quotation with the new prices will be made. The client may request that the previous quotation be honored if it is less than 30 days old.

 

PORTFOLIO AND LINK TO OUR SITE

The Client agrees that CLEVER CLICK 360 may add their company and contracted project as part of its portfolio to show to the general public.

The Client agrees that if their project is a website operated by CLEVER CLICK 360, they may place at the footer of the site a text, image, or information related to their products and/or services that links to their site, without any cost or charge to the Client.

PROJECT DELIVERY TIME

Unless agreed upon in writing between the parties, the delivery time of any project will depend on the services requested in the purchase orders. If there is any delay or extension in this delivery time during the development of the project, the client will be notified via phone or electronically, to inform them of the reason for the delay and the new delivery date.

In case there are too many projects in production, the delivery time can be extended to more than 30 business days. CLEVER CLICK 360 is obliged to inform the client about such situation before the hiring and to make an estimate of the project's delivery time. The client must determine if the estimated delivery time does not affect their deadlines or plans for their company, and will decide whether or not to proceed with the project.

 

ADVANCE PAYMENT

Before starting any project, 50% of the total cost is required as an advance for our services.

In some cases, 100% of the project may be required in advance, as is the case for corporate identity design and certain web design plans where specified.

Any kind of advance payment made to CLEVER CLICK 360 or its legal representative will NOT be refundable for any reason, and the Client releases from any responsibility and legal litigation of any kind in case of occurrence, since partial or total advances are used for payments on the project requested by the client.

PAYMENT FOR MONTHLY SERVICE

Unless agreed upon in writing by the parties, THE CLIENT agrees that in the case of hiring any service that requires a monthly payment, it must be made in advance, the first payment must be made at the time of contracting and subsequent payments will be made on one of our two available payment dates, the 1st or the 15th of each month. In the case that the client is delayed in their payment, THE CLIENT will have to make a payment of 5% weekly as a late fee and interest generation, until THE CLIENT pays the account in full. CLEVER CLICK 360 will suspend the service, without this meaning that the monthly billing will be suspended, being that the accumulated monthly fees will accrue interest.

THE CLIENT agrees that in case a collection or seizure procedure is required due to non-payment, THE CLIENT will fully cover the legal proceedings, damages and/or losses that these may trigger.

MATERIAL FOR THE WEBSITE

The client commits to supplying all the necessary material to develop their website: texts, photographs, company logo, slogan and/or advertising phrases, privacy notices, legal terms, and other graphic elements required. Likewise, the material must meet the quality standards suitable for the development of their website.

The project will enter production when the complete, reviewed, and structured material is accounted for. From this moment, the business days for the delivery time will start to be counted.

The client must deliver to CLEVER CLICK 360 the complete material for their site, organized and structured, no later than 1 week (7 calendar days) after having made the advance payment for their project, unless another term is agreed upon in writing. Otherwise, CLEVER CLICK 360. will be exempt from responsibilities and even the project may be canceled.

The material for the website must be suitable for the size of the project, according to the quotation previously accepted by the client. In case the final structure of the site requires the addition of new information pages, graphics, animations, forms, or any element that was not quoted, this will generate an extra charge, which will be notified to the client for their approval or rejection.

 

PROJECT DEVELOPMENT

CLEVER CLICK 360 will present the client with a preliminary draft of the project (design screen) for approval or modification. During this stage, the client can request any changes or modifications in the design that they consider necessary, so that the project meets the commercial needs of their company and projects the desired image.

Once the preliminary design is approved by the client, work will begin on the development of the project. Any modification requested on the previously approved design will incur an extra charge. CLEVER CLICK 360 will keep the client informed of such circumstances.

CLEVER CLICK 360 will maintain constant communication with the client during the development of the project, whenever it is necessary for the client to approve the development of various graphic elements of the site such as table formats, graphics, animations, etc.

Upon completion of the project development, the final result will be shown to the client, who must perform a final review of the website to ensure all information is correct and may also request any modifications required to adjust the final details.

Any addition of additional information to the website or modifications to the formats previously approved will be quoted separately in case the cost is different. Sometimes it will be necessary to settle the remaining 50% of the project before making the new modifications. CLEVER CLICK 360 commits to keeping the client informed and determining the best time to make such modifications, considering the hours of work and their difficulty.

FINAL PAYMENT AND PROJECT DELIVERY

Unless there is an agreement of the parties in writing in a contract, when the project is completed, the client will be asked for the final payment of 50%, which must be covered no later than the following 5 business days. If the client delays more than the stipulated time to settle the project, a penalty of 30% per month on the final payment will be charged, unless otherwise agreed. CLEVER CLICK 360 is exempted from delivering the project to the client while the total payment has not been covered.

EXTRA CHARGES

In order not to affect the client's budget, any extra charge that may arise during the project, WILL ALWAYS BE NOTIFIED TO THE CLIENT BEFORE CARRYING IT OUT. The client will decide whether to give their approval to proceed with the modifications or discard them and continue with what was previously quoted. Extra charges may be calculated by hours of work considering the degree of difficulty of the modifications or by object according to our price list.

PROJECT CANCELLATION AND REFUNDS

Any cancellation of the service by the client is exempt from the return of any amount of money by CLEVER CLICK 360.

CLEVER CLICK 360 has the freedom to cancel or drop the project in case the client does not comply with their obligations stipulated in this agreement, during the development of the project.

The client accepts that CLEVER CLICK 360 is exempt from the return of any advance if the project has begun to be worked on and the design screen or preliminary sketch is finished or in production. This payment will be retained to cover the man-hours used in their project.

In case of wanting to cancel the project when it is completed or in the process of delivery, the remaining 50% of the settlement must be covered.

The Client agrees that once the development is delivered, they have 7 (SEVEN) business days to make any minor modification to the site (text adjustments, image and/or color changes); these do not include modifications in structure.

The client agrees that once any of our services at CLEVER CLICK 360 are contracted, they may use their Name, Brand, Logo, and/or work done as a portfolio and reference that they are clients of the same.

CLEVER CLICK 360 reserves the right not to finish a website if after 15 days of having received the initial payment, the complete information has not been received from the client, or the project cannot be finished during this time due to issues beyond CLEVER CLICK 360. In case of cancellation, CLEVER CLICK 360 owns any work done up to the date of cancellation.

PROMOTIONS

The promotions section lists the current promotions, which may be modified or replaced after some time. In the event that the promotion or discount is no longer on the page, CLEVER CLICK 360 is not obliged to validate such promotion.

Some promotions are exclusive to existing clients of CLEVER CLICK 360 to reward their loyalty and preference, and for that reason, they cannot be applied to a new client, under any circumstances.

Any promotion shared on social media by our Marketing team must have the policies within the same publication or link to the policies of the same.

 

SERVICE RENEWAL

Once a year has passed, the annual renewal of the web hosting service must be carried out according to the characteristics and rate of the corresponding plan, as well as the rights to the corresponding domain name.

 

PROHIBITED ACTIVITIES

  • SPAMMING - Sending large volumes of unsolicited commercial messages, or both, over the Internet (known as "Spamming").
  • OBSCENE EXPRESSIONS OR MATERIALS - The use of CLEVER CLICK 360's network to advertise, transmit, store, publish, display, or otherwise make available child pornography or obscene expressions or materials is not allowed and accepted. Such an act is sanctioned by law.
  • DEFAMATORY OR ABUSIVE LANGUAGE - Using CLEVER CLICK 360's network as a means to transmit or publish defamatory, harassing, abusive, or threatening language.
  • PHISHING - Designing WEB pages identical to established ones to obtain or extract personal information from third parties is punishable by law. This also applies to sending emails that impersonate the original sender.
  • ILLEGAL OR UNAUTHORIZED ACCESS TO OTHER COMPUTERS OR NETWORKS - Illegal or unauthorized access to computers, accounts, or networks belonging to another party, or attempting to penetrate another individual's system security measures (often referred to as "hacking"). Also, any activity that could be used as a precursor to attempting to penetrate a system (i.e., port scanning, stealth scanning, or other information gathering activity).
  • DISTRIBUTION OF INTERNET VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE ACTIVITIES - Distributing information about creating and sending viruses, worms, Trojan horses, pinging, flooding, or denial of service attacks. Also, activities that disrupt the use or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
  • EXPORT CONTROL VIOLATIONS - Exporting encryption software over the Internet or by other means to locations outside of Mexico.
  • USENET GROUPS - CLEVER CLICK 360 reserves the right not to accept postings from those news groups whose contents are in violation of these prohibitions.
  • OTHER ILLEGAL ACTIVITIES - Engaging in activities declared illegal, including posting, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulent credit card charges, and piracy.
  • IDENTITY THEFT - Pretending to be another person, entity, company, or government not corresponding to reality.
  • FRAUDULENT ACTIVITIES - Receiving payments for products or services without delivering them.
  • OTHER ACTIVITIES - Include practicing activities, whether legal or illegal, that CLEVER CLICK 360 determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
  • For any questions, you can contact us through our phones or our contact form.
 
 

DISCLAIMER OF LIABILITY

CLEVER CLICK 360 is not responsible for its clients or their activities since they belong to an entity independent of the agency. However, CLEVER CLICK 360 commits to follow the laws and investigations that may be necessary to develop. Consequently, if any activity prohibited by law is detected or if you are a victim of such an activity within one of our client's sites, we ask you to communicate with us with an order issued by a competent authority with the investigation folder number to carry out the necessary procedures and thus be able to cancel the service, website, or advertising made to this client.

 

DISCLAIMER OF LIABILITY FOR GOOGLE ADS ADDICTION CLINICS

CLEVER CLICK 360 is not responsible for advertising investment, campaign cancellation, problems with Google accounts, or any other problem arising from the hiring of this service, given that they violate Google Ads policies. When hiring this service, any liability must be covered by THE CLIENT. In case the client requests a refund due to ad blocking, campaigns, or any other derivative of non-compliance with Google Ads policies, CLEVER CLICK 360 will be exempt from liability on the part of THE CLIENT or third parties, and THE CLIENT will bear all responsibility, litigation payments, and any punitive damage that may be generated.

 

DISCLAIMER OF LIABILITY FOR GOOGLE ADS

CLEVER CLICK 360 is not responsible for advertising investment, as it depends on third-party systems that change constantly. THE CLIENT accepts that the investment can be managed by us as well as their campaign to the best possible standards by CLEVER CLICK 360. The client accepts that if the campaigns do not meet their expectations, the investment will not be refunded by CLEVER CLICK 360, as well as any service delivered by CLEVER CLICK 360, whether partial or total.

APPROVALS AND MODIFICATIONS

THE CLIENT will have a maximum of 24 hours to approve or request modifications on any work presented by CLEVER CLICK 360, provided that such requests do not exceed the maximum number of changes established for each particular service. If THE CLIENT requests additional changes, these will be considered as extra work and will be subject to an additional cost, which will be quoted and agreed upon with THE CLIENT before any additional work is performed.

CLEVER CLICK 360 reserves the right to suspend or cancel the service if THE CLIENT does not approve or request modifications within a maximum period of 24 hours, and no refund will be made for the unused time of the service.

It is THE CLIENT's responsibility to carefully review all the work presented by CLEVER CLICK 360 and make any request for approval or modification within the established maximum period. CLEVER CLICK 360 will not be responsible for any errors, omissions, or delays in the approval or modification of the submitted work.

 

MODIFICATIONS TO THIS AGREEMENT

The current terms and conditions are subject to change without prior notice by CLEVER CLICK 360. Any case that has not been exposed in this agreement will be subject to review and discussion by the CLEVER CLICK 360 team to determine the best possible solution, which is fair and benefits both the client and our work team.

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