Government contracts represent a large part of federal, state and municipal budgets: along with being the country’s top purchaser, government is among the main drivers of Mexico’s economy.
This not only creates opportunity but complexity at all stages of public contracting, with continual updates to regulations and standards requiring specialized interpretation and application.
At GL Abogados we have extensive experience in this area, and advise our clients on how to participate in all stages of the contracting process with federal, state and municipal authorities; including bid announcements, pre-bid meetings, project evaluations and award notices.
We also offer guidance and support in managing contractual relations with public agencies for the duration of a contract, and for any difficulties that may arise such as delays; rescinding, modifying or amplifying agreements or terminating guaranties; penalties, sanctions or settlements.
Additionally, we advise and represent our clients in taking any defensive measures which such contractual processes and compliance may require.
GL Abogados has provided counsel to the agencies and government bodies which manage contracting procedures, has made presentations on public contracting at various symposia and directed training sessions, has published articles in the professional literature, chapters on government purchasing by Mexico within its various Free Trade treaties, and a book on Acquisitions, Leases and Services under the corresponding Public Sector Act and its attendant regulations.
+52 (33) 3817-0024
CONSULTORES JURÍDICOS GONZÁLEZ LUNA, S.C. LEGAL CONSULTANTS
I. IDENTITY, ADDRESS AND COMMITMENT OF THE RESPONSIBLE ONE:
Consultores Jurídicos González Luna, S.C. (hereafter, “GL”), with address in Avenida Américas 1536, 4th floor, Colonia Country Club, Guadalajara, Jalisco, México. C.P. 44637, with telephone number (33) 3817-0024, web page: www.gonzalezluna.com, contact e-mail: info@gonzalezluna.com.
GL pledges to handle with the most complete confidentiality the personal data provided in accordance to the legal provisions and applicable principles in matter of personal data protection Law.
II. OBTAINED PERSONAL DATA:
GL only gathers personal data of individuals in the event of their suppliers, employees, associates, partners and clients. In each case, the following personal data is requested:
Suppliers: In the case of suppliers of products and services hired by GL, the following personal data is obtained: name; gender; address; telephone; name of Taxpayer Federal Registration; occupation; information of one or more bank accounts to receive payments from GL; and e-mail.
GL informs its suppliers that some of aforementioned data, including those of fiscal identification and those related with bank accounts, are of patrimonial and/or financial under the terms of the Protection of Personal Data in Possession of Individuals Federal Act, and its treatment is necessary for its legal relationship that binds it to GL.
Employees, associates and partners: In the particular case of employees, associates and partners of GL the obtained personal data are: name, date of birth, e-mail, telephone, address, if applicable the Taxpayer Federal Registry, number of registration before the Mexican Institute of Social Security (IMSS), data of one or more bank accounts to receive payments on behalf of GL; academic background and occupation; contact information of a direct relative; as well as any other that derives from the labor or professional relationship GL.
Under the terms of the Protection of Personal Data in Possession of Individuals Federal Act, the information related with fiscal and banking date, is or may be of patrimonial and/or financial kind, and its treatment is necessary for the development of the labor relationship and/or of services that binds them with GL.
It is possible that the gathered information, or the course of the relationship that binds it with GL, data may arise to be considered as sensitive in accordance with the Protection of Personal Data in Possession of Individuals Federal Act, such as data of labor union affiliation, which shall be used with the only end of, if applicable, of developing a labor relationship maintained with GL.
Clients: In the case of clients that have hired the services of GL, the personal data obtained are: name; address; telephone; e-mail; gender; civil status; number of Taxpayer Federal Registration; patrimonial data, including movable gods and real estate; in general all data that eventually is necessary to perform the assistance services and legal advice that implies the providing of our services.
It is important to point out that some of the gathered information, is of financial and/or patrimonial kind (such as fiscal identification data and bank accounts), and that it is possible, that in order to perform the aforementioned services, in the future it is necessary and proper to obtain, the personal data of sensitive kind, under the terms of the Protection of Personal Data in Possession of Individuals Federal Act.
Special Case of the Internet Page: When accessing and surfing the web page of GL, you can send personal data to GL to comment on related subjects or request information about our services, either if you are already a client, potential client or, if applicable, that you may want to start a commercial relationship with GL. In this case, the data that you are sending are: your name and e-mail. In the event that it is not the case of a client, a supplier, or someone that has any type of commercial or legal relationship with GL, the use of your personal data will be limited to address and answer your request and/or your comments, observing at all times the politics of protection of personal data derived from this privacy notice.
III. PURPOSES:
The treatment that GL will give to your personal data, shall have the purpose of making possible the integral development of the particular relationship that you have decided to engage with GL. Any treatment that GL makes of your personal data must find a justification in such general purpose. Specifically, GL shall use your personal data for the following purposes:
In the case of Suppliers: Your data will be used to perform the process of evaluation, selection and register of suppliers, receive the products or services that you offer, making possible the reciprocal obligations triggered by virtue of the commercial relationship that binds you with GL, quality analysis in your products and/or services, and any other derived from, or related directly with the purposes previously mentioned.
In the case of employees, associates and partners: Your data shall be used to comply with the reciprocal obligations triggered by virtue of the labor or professional relationship that exists between GL and Yourself, to offer the public and clients the services of assistance and legal counsel provided by GL, to perform the activities of representation and legal counsel provided by GL in favor of the clients and any other derived or directly related with the purposes previously mentioned.
In the case of Clients: Your data will be used to represent you legally and perform the services that GL was hired for, in order to make possible the reciprocal compliance with the obligations triggered in virtue of the legal relationship that binds you with GL, for the analysis of the services offered by GL, to make relevant information available to you, or for any other derived or directly related with purposes previously mentioned.
IV. TRANSFERS TO THIRD PARTIES:
Your personal data may be transferred to a third party, as long as said transfer keeps a relationship with the purposes referred to in the previous section.
In the case of Suppliers: Your personal data may be transferred inside or outside of national territory to be treated by third parties, as long as such transfers are necessary and keep relationship with the purposes that have been informed to you. Such transfers involve, without limitation, the Treasury and Public Credit Ministry, Insurance Companies, Financial Institutions, external auditors of GL, accounting advisors and suppliers of services and managing of database, clients of GL, amongst others.
In the case of employees, associates and partners: Your personal data may be transferred inside or outside the national territory to be treated by third parties, as long as said transfers are necessary and keep a relationship with the purposes that have been informed to you. Such transfers involve, without limitation, the Treasury and Public Credit Ministry, Insurance Companies, Financial Institutions, external auditors of GL, accounting advisors and suppliers of services and managing of database, clients of GL, amongst others.
In the case of Clients: Your personal data may be transferred inside or outside the national territory to be treated by third parties, as long as said transfers are necessary and keep a relationship with the purposes that have been informed to you. Said transfers involve, without limitation, the Jurisdictional Courts of Labor or Arbitration inside or outside the Country, National or Foreign Governmental Authorities, the Mexican Institute of Social Security, the Treasury and Public Credit Ministry, the diverse agencies of justice procurement in penal matters, Insurance Companies, Financial Institutions, external auditors of the company; accounting advisers; suppliers of services of management of data bases, amongst others.
V. SECURITY OF YOUR PERSONAL DATA:
GL adopts diverse measures of security for the safekeeping of your personal data, such as restricted access of personnel to the physical and electronic data bases, physical and electronic security systems, confidentiality compromises that are signed by all personnel of GL, contracts and agreements of confidentiality and responsibility with third parties who receive your personal data due to the necessary or related transfers with the purposes mentioned in the third section. In addition to the foregoing, in the case of partners and associates, the professional secrecy that as attorneys and professionals owe to clients, constitutes an additional guaranty of protection of personal data belonging to clients of GL.
VI. ADDITIONAL MEANS TO LIMIT THE USE OR DISCLOSURE OF YOUR PERSONAL DATA
With the purpose that you may limit the use and disclosure of your personal data, the information that, in addition to the security measures of GL, you have available the registration before the Public Registry in order to avoid publishing in charge of the Consumers Federal Attorneys Office (PROFECO) so that your data is not used to receive advertisement or promotions from companies of goods and services. For more information regarding this Registry you may enter the web page of PROFECO or contact such agency.
As for GL, you may exercise at any time your ARCO Rights, to limit the use of your personal data by GL, always in strict compliance to this privacy notice.
VII. MECHANISMS TO EXERCISE YOUR ARCO RIGHTS OR TO REVOKE YOUR CONSENT:
You may limit the use or disclosure of your personal data requesting in written document addressed to the Responsible of Protection of Personal Data in the address of GL previously stated or through e-mail to the address: info@gonzalezluna.com The sole format to exercise your ARCO Rights before GL, is available in the web page: www.gonzalezluna.com or directly in the previously appointed address.
Within the deadlines established by the Law and in those terms, GL will inform you its answer to your request. If necessary, GL may ask you to expand or clarify the information provided through the aforementioned format, in order to be in a position to fulfill your request completely.
In the event it is considered that your right to protection of personal data has been compromised by GL, you have the right to appear to the Federal Institute of Access to Information and Data Protection (IFAI) under the terms of the Protection of Personal Data in Possession of Private Parties Federal Act and its Regulations, and initiate a process of protection of rights.
VIII. USE OF COOKIES, WEB BEACONS AND OTHER SIMILAR TECHNOLOGIES
It is very often that Internet websites require the use of encrypted or unencrypted cookies. Cookies are data that a web server transfers to your computer for your records. Cookies are in common use in the industry for almost all websites or internet and facilitate user access and use of specific sites or specific web pages, providing information that can be used to provide specific content appropriate to their interests and for other purposes such as security and other account management functions, which may lead to track personally identifiable information.
Cookies do not cause damage to the computer and only the Internet page or website that the transfers can read them, modify or delete them. If you do not want any information collected through cookies, most browsers have simple systems that allow delete, reject automatically or directly let you choose whether to accept the transfer of cookies to your computer. Refer to your browser instructions or help screen thereof to obtain more information about these features. You should note, however, that by not accepting cookies might be difficult or impossible to access certain parts of webpages or websites, including GL (www.gonzalezluna.com).
The website or webpage of GL can use tools such as "transparent pixels", "web crawlers" or "clear gifs" (hereinafter referred to collectively as "transparent pixels") to compile statistics on the use of the website or website and response rates. Transparent pixels allow counting users who have visited the Internet site or web page, providing corporate services and help to determine the effectiveness of promotional campaigns. If emails in HTML format are used, the transparent pixels can inform the sender when the message has been opened.
GL also collects information on "references" (this is information the Web browser transmits to our web server and refers to the URL from which you access the site or website GL), "IP address" (that is a number that computers use on a network to identify the computer in question so that the information can be transmitted to it) and other "variables of such environment" (include, among other things, the domain from which you access the Internet, when access to the site, type of web browser, operating system or platform used, the Internet address or the website which refers to this site, the names of the site pages you visit and the internet address the website or visiting website below).
This information is collected for internal use by GL, for example, to increase the security of the website or webpage, identify important demographic trends, help GL deliver content that best fits their interests and, finally, to otherwise enhance your experience on the web site or web page. Information may also be shared with third parties generally, not including their identification data.
IX. CHANGES IN THE PRIVACY NOTICES:
Any changes to this privacy notice or the purposes of processing of the data you have provided, you will be notified via email and/or telephone call and/or personally. Furthermore, these changes will be posted on the website of GL (www.gonzalezluna.com).
Last update: may 20th, 2014.
Request access to ARCO rights