AVISO DE PRIVACIDAD – T&C
SEALE & ASSOCIATES, INC. (EN ADELANTE “LA FIRMA”) CON DOMICILIO EN 901 NORTH GLEBE ROAD, 5TH FLOOR, ARLINGTON, VIRGINIA C.P. 22203, EN ESTADOS UNIDOS, ES RESPONSABLE DEL TRATAMIENTO Y PROTECCIÓN DE SUS DATOS PERSONALES, LOS CUALES SON TRATADOS DE FORMA ESTRICTAMENTE CONFIDENCIAL, DE CONFORMIDAD CON LO DISPUESTO EN LA LEY FEDERAL DE LA PROTECCIÓN DE DATOS PERSONALES EN POSESIÓN DE LOS PARTICULARES (LA “LEY DE DATOS PERSONALES”).
Los datos personales que recabamos de usted a través de este o cualquier otro medio, los utilizaremos para fines académicos, desarrollo de consultas sobre fusiones y adquisiciones y prestación de los servicios de asesoría en fusiones y adquisiciones que nos sean encomendados, así como para integrarlos a nuestros registros internos para el envío de información académica y novedades respecto a la prestación de nuestros servicios, así como para propósitos administrativos y de facturación. Para la finalidad antes mencionada, requerimos obtener los siguientes datos personales: nombre, organización para la que labora, domicilio, correo electrónico, teléfono, así como toda aquella información que nos proporcione en relación con los fines antes indicados.
Asimismo, los datos personales recabados a través de este o cualquier otro medio, los utilizaremos para implementar nuestro proceso de reclutamiento y analizar la posible selección de usted como un posible candidato de empleo con la Firma. Para la finalidad antes mencionada, requerimos obtener los siguientes datos personales: nombre, sexo, fecha de nacimiento, lugar de nacimiento, nacionalidad, domicilio, teléfono, correo electrónico, así como toda aquella información que nos proporcione en relación con el proceso de reclutamiento.
En términos del artículo 68 del Reglamento de la Ley de Datos Personales y el artículo 36 de dicha ley, usted consiente y autoriza expresamente cualquier transferencia de sus datos personales que la Firma realice a sus empresas relacionadas, subsidiarias, proveedores o clientes. Además, la Firma garantiza que las transferencias realizadas cumplirán en todo momento con lo dispuesto por los artículos 36 de la Ley de Datos Personales y 68 del Reglamento de la Ley de Datos Personales.
Contamos con las medidas de seguridad suficientes para la protección, confidencialidad y aseguramiento de sus datos personales con la finalidad de restringir el acceso a los mismos a personas no autorizadas. Asimismo, nuestros empleados, representantes, subcontratistas, consultores y/o los terceros que intervengan en cualquier fase del tratamiento de sus datos personales guardaran confidencialidad respecto de éstos, obligación que subsistirá hasta después de finalizar la relación entre dichas personas.
Usted tiene derecho a acceder, rectificar y cancelar sus datos personales, oponerse al tratamiento de los mismos, limitar su uso o divulgación, o revocar el consentimiento que nos ha otorgado para el tratamiento de dichos datos, enviando un correo electrónico a firstname.lastname@example.org
El presente aviso de privacidad puede sufrir modificaciones, cambios o actualizaciones derivadas de nuevos requerimientos legales, de nuestras propias necesidades por los servicios que ofrecemos; de nuestras prácticas de privacidad o por otras causas. Nos comprometemos a mantenerlo informado sobre los cambios que pueda sufrir el presente aviso de privacidad, a través de nuestro sitio web www.mnamexico.mx
Fecha de última actualización: Abril 2018.
TERMS AND CONDITIONS
Date of posting February 2022
Welcome to www.mnamexico.com (‘the Site’), which is owned and operated by Seale & Associates, Inc. (‘Seale & Associates’, ‘we’ or ‘our’ as applicable).
These Terms and Conditions (‘Terms’) govern the use of this Site including our subscription portal located at www.portal.Seale & Associates.com and any order for content or services that you place, in particular, the rights you acquire to use such content or services. By using the Site, regardless of whether or not you choose to register, you are agreeing on behalf of your business for it to be bound by these Terms. You should therefore read them carefully to understand your business’s rights and liabilities before placing an order or using the Site. The terms ‘you’, ‘your’ or ‘your business’ in these Terms are a reference to the business on whose behalf you act when using, registering or placing an order from this Site. If you have any queries relating to them, please contact Seale & Associates by e-mail (email@example.com) or call Seale & Associates’s Mexico City office during normal business hours. Alternatively, if you do not wish to be bound by these Terms, you should not use the Site.
1 CONTENT AVAILABLE ON THE SITE
1.1 Seale & Associates provides some content on the Site for free (e.g. executive summaries of reports and articles). Any rights not expressly granted in these Terms are reserved.
1.2 If you wish to use our content in any way not expressly permitted in these Terms below (including, but not limited to making them available via an intranet or extranet or to or via a mobile device), you must first request written permission from Seale & Associates. Seale & Associates may grant or withhold permission for such use at its own discretion. If Seale & Associates grants you permission for such use, in addition to any other conditions applied, you must attribute the content to Seale & Associates in the following form: “source: © and database right Seale & Associates International PLC 2011. All rights reserved.”
3 FREE CONTENT
3.1 Seale & Associates makes content available for free on the Site including executive summaries of reports, and some articles. Please see below for details of how you are permitted to use this content.
PERMISSION TO USE FREE CONTENT
3.2 You can use the content that we make available for free on the Site for your own reference use only in connection with your business to view online, download one or more items of it onto the drive of one hardware device or print one copy of one or a reasonable number of items, provided you keep intact all and any copyright and proprietary notices. All other rights in relation to our free content are reserved.
4.1 Seale & Associates offers may include but not limited to; market reports, country reports, global reports and company profiles (‘Report(s)’) in digital format for download from the Site. For details of how you can use this content please see below.
PERMISSION TO USE CONTENT
4.2 When you download any of our content in digital form, you are allowed to use it (or extracts from the same) for your own reference in connection with your business in the following ways only:-
- to view it online;
- to download one copy of that digital content in an available electronic format;
- to store that content in electronic format on the drive of one hardware device; to print out one copy of that digital content;
- to manipulate any statistical data that is provided with a Report;
- provided that you keep intact all and any copyright and proprietary notices.
RESTRICTIONS ON THE USE OF CONTENT
4.3 You may not use the content in any way not permitted in Clause 4.2, in particular:
- You may not offer the content for resale.
- You may not scan, photocopy, fax, or in any other way reproduce or copy the content.
- You may not share the content with anybody else.
- You may not distribute the content whether by electronic mail, over any network or otherwise.
- You may not upload the content to any database or server.
- You may not display the content on any website or intranet. When you buy any of our books, you are permitted to use them in accordance with the copyright notice included in them and in accordance with copyright laws.
4.4 Seale & Associates permits limited use and re-use of the content made available through our website, subject to certain permissions and restrictions as set out in these Terms. These permissions and restrictions are designed to create a balance between, on the one hand, the flexibility given to Users (see Clause 4.5 below) in their use and re-use of Seale & Associates material and, on the other hand, the restrictions necessary to protect Seale & Associates’ commercial interests by preventing the creation of substitute products. For details of who can use this content and these services, and how they can be used, please see Clauses 4.5 to 4.7 below.
4.5 For internal use within your business:
- to browse and search for digital content on the Site;
- to view it online;
- to download and store copies of that digital content in an available electronic format;
- to print out copies of that digital content and make photocopies of those print-outs;
- to make those print-outs and photocopies available to other Users;
- to manipulate any statistical data that is provided in accordance with the functionality that Seale & Associates provides (e.g. to show different values such as growth rates, per capita values, or different currencies);
For creating and re-distributing New Materials to your clients:
To take one or more “Limited Extracts” (see below) from the digital content available through the “Site” for the sole purpose of reproducing them in original “New Material” (see below) and supplying that New Material to the client who commissioned you to create it for use by that client for internal business purposes only.
Such extracts must comply with the following conditions in order to qualify as Limited Extracts for use in accordance with this clause:
- the maximum amount which can be extracted from the digital content is, in the case of an individual written report, article or other document, 10% of that document, or, in the case of statistical data, 100 cells of data (“Limited Extract”); Limited Extracts may not, in aggregate, represent more than 10% of a report, document or other material created by one or more Users which incorporates those Limited Extracts (“New Material”);
- the Limited Extracts must represent a commercially insubstantial part of the New Material when compared to the New Material as a whole;
- the New Material must consist substantially of original material created by one or more Users and accordingly must not contain substantial amounts of material aggregated from third parties; the Limited Extract(s) reproduced in the New Material, and any conclusions drawn by the User which appear in the New Material and which are based on or refer to such extracts, are accurate, fair and reasonable;
- all New Materials shall attribute the extracted digital content to Seale & Associates International in the following form: “Source: Seale & Associates, Inc. [insert year of creation] © All rights reserved ”.
- Neither you nor any Users may produce any New Material which could reasonably be regarded as a substitute product for the digital content available through the “Site”. Accordingly, neither you nor any User may make New Materials available to the public generally, as part of a commercial information service.
ALL USES LISTED UNDER THIS CLAUSE 4.5 ARE SUBJECT TO THE CONDITION THAT AUTHORISED USERS KEEP INTACT ALL AND ANY COPYRIGHT AND PROPRIETARY NOTICES.
RESTRICTIONS ON THE USE OF CONTENT ACCESSED.
4.6 You may not use the content in any way not permitted above in Clause 4.5, in particular:
- Except as mentioned in Clause 4.5 of these Terms, neither you nor any Users may re-distribute or make available to third parties any content.
- Neither you nor any User may remove, obscure or modify any copyright or other notices included in the content or the services nor any metadata or digital rights management intelligence that may be associated with them or;
- systematically scrape, crawl, harvest, retrieve or otherwise gather by electronic means any data or other content from the Site to monitor, access, copy, create, acquire or compile – directly or indirectly, in single or multiple downloads – a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, robots or spiders, or any automatic devices, programs, algorithms or methodologies or otherwise;
4.7 Please note: If you are unclear about how Users are permitted to use our in accordance with these Terms, please ask us by contacting our office, see Clause 15.
6.1 The Site may include links to third party websites such as useful research websites and promotional partners. Seale & Associates has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Seale & Associates therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
6.3 You may link from your own website to the Site, provided:
- the Site is not loaded into frames on your website and is not otherwise passed off as your own content; and
- your website or service does not misrepresent its relationship with Seale & Associates or present false information about Seale & Associates.
6.4 Seale & Associates reserves the right to withdraw linking permission at any time without prior notice.
7 YOUR/AUTHORIZED USERS USE OF THE SITE
7.1 Seale & Associates encourages your use of the Site and our content and services on the Site. However, Seale & Associates requires that your use of the Site is lawful. Consequently, you may not use the Site for any illegal purpose and in particular you will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
7.2 You agree to (i) use your best endeavors to ensure that Users access and use the content and services that Seale & Associates provides only in accordance with the permitted uses and restrictions of use set out in these Terms, and in accordance with any other applicable provisions contained in these Terms. For the avoidance of doubt, acceptance by any User of the permitted uses and restrictions of use set out in these Terms shall not relieve you of any of your obligations and responsibilities under these Terms.
8 INTELLECTUAL PROPERTY
8.1 You acknowledge that all copyright, database right, trademarks and all other intellectual property rights in the Site and the content made available via the Site, will at all times remain vested in Seale & Associates.
8.2 You shall at the request and expense of Seale & Associates do all such things as may be reasonably required to assist Seale & Associates in taking or resisting any legal proceedings in relation to any infringement of any such rights.
8.3 For information on how you are permitted to use the content made available on the Site, please see the permitted uses and restrictions of use set out above in these Terms.
8.4 The trademark ‘Seale & Associates’ is owned by Seale & Associates. All other brand names and trademarks that appear on the Site are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or marks, and any such use may constitute an infringement of the holder’s rights.
9.1 The parties to any contract made under these Terms acknowledge that they or their employees may, in the course of performing their responsibilities under these Terms, be exposed to or acquire non-public information which is proprietary to or confidential to either party or third parties to whom they owe a duty of confidentiality (“Confidential Information”). The parties agree to hold Confidential Information in strict confidence and not to disclose the same to third parties or to use such Confidential Information for any purpose whatsoever other than the provision of content and services to you and Users as contemplated by these Terms and to advise each of its employees who may be exposed to Confidential Information of their obligations to keep such information confidential.
10 WARRANTIES AND INDEMNITIES
10.1 Seale & Associates warrants:
10.1.1 that it has permission from the original rights owners to allow you to use the content available via the Site, in accordance with these Terms.
10.1.2 to operate the Site and provide services through it with reasonable skill and care and to use reasonable endeavors to correct any faults of which it is aware.
10.2 You agree to indemnify, defend and hold harmless Seale & Associates, its directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss Seale & Associates may incur (including reasonable legal fees) as a result of any actions you or Users take which disrupt access to and/or functioning of the Site and/or any breach by you of your obligations under these Terms, including but not limited to any breach by you or by any User of the permissions granted to you under these Terms.
10.3 Subject to Clause 10.4, Seale & Associates shall indemnify and hold you and Users harmless from and against any damages, awards or penalties, including proper and reasonable legal fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use by you or any User of the content and services we provide to you in accordance with these Terms.
10.4 The indemnity contained in Clause 10.3 shall be subject to the following provisions:
10.4.1 It will not apply to any claim which relates to any modification, abstraction or other change made by an User to any content we make available to you or them by any means.
10.4.2 You shall immediately notify Seale & Associates on receipt of any allegation of infringement and shall make no admission or take any action without Seale & Associates’ express written authority.
10.4.3 Seale & Associates shall have the sole right to deal with any such claim and to defend the legal proceedings in respect of such claims at its own expense, including the right to compromise or settle or otherwise dispose of any such claim.
10.4.4 You shall provide, at Seale & Associates’ expense, such assistance in investigating and defending such claims as Seale & Associates may reasonably request. This indemnity shall survive the termination of any contract made under these Terms.
11 EXCLUSIONS & LIMITATIONS OF LIABILITY
11.1 The sole warranties given by Seale & Associates are those contained in Clause 10.1.
11.2 Nothing in these Terms will restrict any of your statutory rights or Seale & Associates’ liability for death or personal injury resulting from Seale & Associates’ negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be limited or excluded by applicable law.
11.3 The Site is intended for information purposes only and as such no information provided on or via the Site constitutes advice or recommendations. You should not rely on any information provided on or via the Site to make any decision.
11.4 Although the Site is provided in good faith and Seale & Associates tries to ensure that the information on the Site is accurate and complete, Seale & Associates cannot and does not guarantee the accuracy, integrity, quality or completeness of the content available via the Site or its usefulness for any particular purpose. Seale & Associates does not accept any liability which may arise as a result of any errors or incomplete information in such content.
11.5 Seale & Associates does not have any knowledge of, nor control over, the particular purpose(s) for which the content and services available on the Site is used. Seale & Associates excludes any and all liability for any loss of any nature suffered by you, or by any of your clients or customers, as a direct or indirect result of your/their use of any of the content available on the Site or New Materials you or Users create or of making any business decision, or refraining from making any such decision, based wholly or partly on any data, expression of opinion, statement or other information or data contained in the content or accessible through the services available on the Site.
11.7 Except for the express warranties stated in Clause 10, the content and services available on the Site are provided on an “as is” basis. Seale & Associates excludes any and all other warranties, conditions, or representations relating to the content and services, whether express, implied, oral or written, and including any which may be contained in any description, specification or proposal provided to you by Seale & Associates, via the Site or otherwise. This exclusion applies to any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Seale & Associates does not make any promises about the availability of the Site or promise that your access to the Site or our content will be delivered uninterrupted, timely or error-free. In particular, Seale & Associates disclaims any liability in connection with any technical problems you may experience with the Site which may result in interruptions to the Site. Seale & Associates makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the server that makes it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. All such implied provisions are hereby excluded to the fullest extent permitted by law.
11.8 To the fullest extent allowed by law, Seale & Associates will not be liable for (i) any loss of data; use; reputation; goodwill or opportunity; (ii) any loss of or failure to realize expected profit, revenue or savings or any other form of pure economic loss, whether such loss is direct or indirect; or (iii) any indirect, special, incidental, punitive, consequential damages or losses that you may suffer, whether relating to your downloading, purchase or use, or inability to use, the Site or any content or services Seale & Associates provides or otherwise, and, in each case, howsoever arising.
12 GENERAL CHANGES TO THESE TERMS AND THE SITE
12.1 Seale & Associates may change these Terms at any time by sending you an e-mail with the modified Terms or by posting a copy of them on the Site. Any changes will take effect seven (7) days after the date of the e-mail or the date on which Seale & Associates posts the modified Terms on the Site, whichever is the earlier. Your continued use of the Site after that period expires means that you agree to be bound by the modified Terms.
12.2 To ensure that you are aware of the most up to date version of these Terms, you will be asked to read and accept these Terms each time you access our Site. Seale & Associates also recommends that you print and keep a copy for your records. To print, please press CTRL + P.
12.3 Seale & Associates reserves the right:
12.3.1 to make changes at any time to all or any parts of the Site and the details displayed on it (including content and prices);
12.3.2 to make changes from time to time to all or any parts of the overall content made available, shall not be substantially and adversely affected from your perspective by any such changes. These changes may take the form of the addition, removal, correction or editing of content or the migration to a different format. Furthermore, these changes may be made for legal, editorial or other reasons;
12.4 You may not assign, sub-license or transfer all or parts of your rights or obligations under these Terms without prior written consent from Seale & Associates.
12.5 Occasionally Seale & Associates is unable to perform its obligations under these Terms due to circumstances beyond its reasonable control. In such circumstances including, but not limited to, system failure, fire, flood, earthquake and other natural physical disasters, strikes, trade disputes, lock outs, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, Seale & Associates’ inability or delay in performing its obligations will not be deemed to be in breach of contract.
12.6 Each party acknowledges that in accepting these Terms it has not relied and is not relying on any representations or warranties (whether implied or otherwise) other than those expressly set out in these Terms and the parties irrevocably and unconditionally waive any right they may have to any remedy in respect of any other such representation or warranty except in the case of fraud.
12.7 If any of these provisions is deemed invalid, illegal, void, unenforceable or in conflict of the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity. legality and enforceability of any remaining provisions.
12.8 These Terms govern Seale & Associates’ relationship with you and represent Seale & Associates’ entire agreement with you and Users in connection with your use of the Site and the content made available via the Site.
12.9 If you breach these Terms and Seale & Associates chooses to ignore your breach, Seale & Associates will still be entitled to use the rights and remedies available to it at a later date or in any other situation where you breach the Terms again. A waiver of any provision(s) of these Terms by Seale & Associates shall not be deemed a waiver of any other provision(s) of these Terms.
EXCLUSION OF THIRD PARTY RIGHTS
12.10 These Terms do not create any right enforceable by any person who is not a party to them.
12.11 Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the laws of the Commonwealth of Virginia.
12.12 In the event of any dispute or controversy arising out of or in connection these Terms, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under these Terms, which are not affected by the dispute.
12.13 If a dispute arises out of or in connection with this contract, both you and Seale & Associates will attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
12.14 If either or both you and/or Seale & Associates refuse to initiate the mediation procedure within 14 days of the dispute arising or if you and Seale & Associates both fail to agree terms of settlement within 30 days of the initiation of the procedure, you and Seale & Associates will resolve the dispute by binding arbitration before a single arbitrator in accordance with the then current international arbitration rules of the International Chamber of Commerce. The arbitration shall take place in Arlington, Virginia. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms.
12.15 Nothing in this clause or in the Rules of the International Chamber of Commerce shall prevent either you or Seale & Associates from applying to the Court of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.
13.1 All notices required or permitted under these Terms will, when provided by Seale & Associates, be given in writing to the address and/or e-mail address provided by you at registration or, when being provided by you, be given in writing to our postal address in Clause 24 below using an internationally recognized express courier service.
14.1 If you have any complaints, please contact Seale & Associates via e-mail at firstname.lastname@example.org or by post (at the address below) and Seale & Associates will do its best to resolve these.
15 CONTACT SEALE & ASSOCIATES INTERNATIONAL
The Site is owned and operated by Seale & Associates, Inc.
Seale & Associates, Inc.
901 N. Glebe Road, 5th Floor
Arlington, Virginia 22203
Tel: +1 (703) 294 6770