Effective as of May 25, 2020
CEMEX (“CEMEX” or “we”) recognizes that individuals need to understand how their privacy is protected, so we have established the following privacy statement (this “Privacy Statement”) for our users. This Privacy Statement describes how CEMEX will collect, access, use and disclose your personal information and information related to your use of the CEMEX Developer Portal located at https://developers.cemexgo.com (the “Portal”) and your use of our APIs (the Portal and the APIs, collectively, the “Services”).
For purposes of this Privacy Statement, “Personal Information” is data specifically about you, which you typically provide on a voluntary basis. Aggregate or combined information includes data that is related to you but studied as a group and does not identify you specifically. You cannot "opt-out" from having aggregate information collected except as otherwise specified in this Privacy Statement.
CEMEX, S.A.B. de C.V. (“CEMEX SAB”), a Mexican publicly traded stock corporation with variable capital that has a registered address at Avenida Ricardo Margain Zozaya #325, Colonia Valle del Campestre, San Pedro Garza Garcia, Nuevo Leon, 66265, Mexico is the controller of your Personal Information. This means that it determines the purpose for which, and the means by which, your Personal Information is used and it is responsible for handling your information in accordance with EU law.
For the purpose of this Privacy Statement, Cemex Operaciones México, S.A. de C.V. (“Cemex Operaciones Mexico”), a Mexican wholly-owned subsidiary of CEMEX SAB that has a registered address at Avenida Ricardo Margain Zozaya #325, Colonia Valle del Campestre, San Pedro Garza Garcia, Nuevo Leon, 66265, Mexico is also a joint controller in respect of your Personal Information. Since Cemex Operaciones Mexico provides back office services to CEMEX SAB in relation to the Portal and the Services, in certain circumstances, they will jointly decide how your Personal Information is held and used; nevertheless, CEMEX SAB will be responsible for answering any data subject request as set forth in this Privacy Statement. This Policy is issued by CEMEX SAB on behalf of Cemex Operaciones Mexico.
II. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
You may review, correct and update certain Personal Information (such as your name and contact information) by contacting us using the information in the “Contact Us” section below.
If you are a user from the European Economic Area (“EEA”), under certain circumstances, you can also:
1. Request access to your Personal Information. You can request to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
2. Request correction of your Personal Information. You can ask us to correct any incomplete or inaccurate information we hold about. We encourage you to provide us with accurate Personal Information and to let us know if your Personal Information changes. We will not assume any liability in respect of incorrect Personal Information you provide to us.
3. Request erasure of your Personal Information. You can request to delete or remove Personal Information where there is no good reason for us to continue using or storing it. You also have the right to ask us to delete or remove your Personal Information where you have exercised your right to object to us using it, as described below.
4. Object to our use use of your Personal Information where we are relying on our legitimate interest (or those of a third party) to do so and there is something about your particular situation which makes you want to object to us using it on this ground.
5. Request restriction of the use of your Personal Information. You can ask us to suspend the use of your Personal Information, for example if you want us to establish its accuracy.
6. Request the transfer of your Personal Information in an accessible format to you or another organization.
7. Withdraw your consent to the use of your Personal Information. Where you have consented to our use of your Personal Information for a specific purpose, you have the right to withdraw your consent for that specific use at any time. Once you have withdrawn your consent, we will no longer process your Personal Information for the purpose(s) you originally consented to, unless we are required to keep it to comply with the law. Please note that the withdrawal of your consent will not affect the lawfulness of our use of your Personal Information before you withdrew your consent.
If you are an EEA user and would like to exercise any of the above rights, please contact us using the information in the "Contact Us" section below.
III. INFORMATION COLLECTED BY CEMEX
In order to provide you with the benefits of using our Services, including utilizing the Portal and using the APIs, CEMEX collects certain information from you and your devices. By using the Services or otherwise providing Personal Information to CEMEX, you consent to CEMEX’s collection, use and sharing of the data as described in this Privacy Statement.
1. Information that You Provide to CEMEX
When you register for an account for the Portal, use the Portal or the APIs, complete forms, or communicate with us, you may provide certain Personal Information to CEMEX, including your name, username, email address, company name, your location, and account login information.
2. Information provided to CEMEX by registered users of the Portal
We may receive Personal Information relating to the customers of registered users of the Portal when registered users use our Services. This Personal Information may include their name, telephone number, address and email address.
3. Information Collected by the Portal and APIs
In addition to the information that you provide to CEMEX, the Portal may gather and store certain information about your visit, such as your IP address (“Portal Data”) and the APIs may collect information regarding your usage of such APIs, such as API calls (“API Data”).
We may collect this information through the use of browser information, log files, and third party tracking services as described below.
a) What is a cookie?
A cookie is a small file of letters and numbers that is stored by a web server on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. When you return to websites, or visit website that use the same cookies, the cookie will be sent back to the web server so that the website can remember you and/or your preferences.
Additionally, the Portal may use third party cookies to provide advertisements that are relevant to your interests. Such online adverts are based on third party cookies that are placed on your browser in order to remember other websites you have visited.
c) Personal Information collected by cookies
Expiration: 2 years
Random ID number and time stamp
Purpose: Registers a unique ID that is used to generate statistical data on how the visitor uses the Website
Expiration: 24 hours
Random ID number
Purpose: Registers a unique ID that is used to generate statistical data on how the visitor uses the Website.
Expiration: 1 year
Collected Information: Random ID number
Purpose: From the content delivery network, this cookie helps us with reliability, security and performance in our Portal.
Cookie Name: incap_ ses_#
Collected Information: Random ID number
Purpose: This cookie is set to allow a visitor to receive Portal content from one out of multiple servers as the visitor browses the site. This allows the visitor's session to be maintained.
In addition to the foregoing, we may use other analytical, functional or advertising cookies which do not process any Personal Information to understand user behavior, customize your experience within the Portal or measure the effectiveness of advertisements.
d) Third party cookies
e) Blocking cookies
Since there are currently no cookies strictly needed for the operation of the Portal, opting-out of any or all cookies should not restrict your access to and use of any parts of the Portal. Nevertheless, please note that this may result in the Portal being unable to remember any preferences you have set in relation to its performance.
IV. USE AND SHARING OF COLLECTED INFORMATION
1. Use of Collected Information
CEMEX may use your Personal Information, Portal Data and API Data (collectively, the “Collected Information”) to provide you with the Services (including the Portal), verify your identity to use the Services, for troubleshooting, support services, and maintenance, to communicate with you about your account, to update your account, for audit purposes, for security purposes, and for performance and Services monitoring purposes. You are not obligated to provide us with any Personal Information but please note that this may result in us being unable to provide you with the Services.
We may also use your Collected Information for the uses identified in any agreements you may have with us, including but not limited to the CEMEX API Terms and Conditions of Use and Developer Portal Terms and Conditions, as applicable.
We rely on a number of legal bases to use the Collected Information of European Union (“EU”) users. We have a legitimate interest in using your information in the ways described above so that we are able to deliver the Services to you effectively. If you are an EEA user and wish to learn more about our legitimate interests in using the Collected Information and how we have balanced our interests against your fundamental rights and interests, please contact us using the "Contact Us" information below. It also may be necessary to use the Collected Information in the above ways to perform an agreement you may have with us. There may also be a need to use Collected Information to comply with a legal obligation when we use it for audit purposes.
If you provide Personal Information to CEMEX, or use or access the Services, you agree to the use, collection and disclosure of the Collected Information by CEMEX for the purposes described in this Privacy Statement.
2. Sharing of Collected Information
In order to provide the Services, CEMEX may share certain Collected Information (including Personal Information) with third parties acting on our behalf, including:
Responsible for developing the Portal ans the corresponding Services, as well as deployment and implementation of new versions and providing maintenance to the Services.
Provider of the cloud services where data regarding the Portal is stored; as well as API management.
Provider of the services for operating and monitoring the Portal, as well as technical support for web analytics.
Provider of the services for operating and monitoring the Portal, as well as technical support.
Provides cloud services (applications and APIs) protection against any attacks, wherever the location.
Provides visibility of the Portal's performance such as loading times, java script errors and number of API calls.
CEMEX will not sell or share your Personal Information with non-affiliated third parties for their own marketing purposes without your consent. If CEMEX is involved in any merger, acquisition, sale of company assets, transition of service to another provider, or insolvency, bankruptcy or receivership, we have a legitimate interest in transferring your Personal Information in connection with such transaction. Also, CEMEX may disclose your information (including your Personal Information), as necessary, to regulators, courts, legal advisers and law enforcement authorities (1) if we determine a policy violation has occurred, including to enforce the CEMEX API Terms and Conditions of Use and Developer Portal Terms and Conditions; (2) if we believe such disclosure is necessary to identify, contact or bring legal action regarding injury or interference with the rights and property of CEMEX, including to enforce CEMEX’s rights against unauthorized access or attempted unauthorized access to CEMEX’s information technology assets or against other inappropriate use of the Services; (3) to comply with laws, regulations, court orders and subpoenas or similar requests for information by authorities, or as otherwise required by law; (4) to protect your safety and the safety of others; and (5) to assist us in fraud prevention or investigation. We have a legitimate interest in sharing the Personal Information of EU users for purposes (1) and (2).
3. Portal Data and API Data
In addition to the uses described above, CEMEX may use, and we have a legitimate interest in using, Portal Data and API Data to improve the Portal and the APIs and to help CEMEX understand how users are using the Portal and the APIs. This information is also collected for statistical analysis, to improve the utility of the Portal and the APIs, and for other purposes described in this Privacy Statement.
V. OPTING-OUT OF OUR MAILING LIST
CEMEX will only send you marketing or promotional communications and/or communications about other topics if you have provided your consent to receive these types of communications. To contact you, CEMEX may use the information you provide to us, including email, address, fax or phone. You may, at any time, inform us that you no longer want CEMEX to contact you for marketing purposes by sending your request to us using the contact information in the “Contact Us” section below. You may also opt-out of promotional email communications by clicking on a link provided in the promotional email message. After opting-out, you will no longer receive marketing or promotional communications but will continue to receive other messages, such as emails relating to your account or use of the Services.
Certain web browsers may provide a do-not-track (“DNT”) option. You may be able to ask your browser to inform websites that you do not wish your activities to be tracked, either with cookies or other persistent identifiers, commonly called “DNT signals.” The Portal currently does not respond to DNT signals. However, the Portal does not track your online activities over time and across different websites.
VII. SAFEGUARDING YOUR INFORMATION
CEMEX is committed to maintaining the security of the data you provide us. However, please note that there is always some risk in transmitting information over the Internet. Because the Services are provided through the Internet, when you use the Services, your communications may be intercepted by others. For this reason, CEMEX cannot guarantee the security and privacy of transmissions via the Internet, and we will not be liable for any lack of security relating to the use of the Services by you. You agree that you will not hold CEMEX liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
VIII. TRANSFERS OF PERSONAL INFORMATION OUTSIDE OF THE EEA
CEMEX is a worldwide service. By using our Services, you authorize us to transfer and store your information outside of your home country, including in the EEA, for the purposes described in this Privacy Statement. Where we transfer Personal Information from the EEA to a country that do not provide an adequate level of protection, we will only do so under appropriate safeguards put in place to protect your information, such as standard contractual clauses or Privacy Shield certification. Personal Information may be transferred mainly to Mexico and the United States. If you would like more information about these safeguards or where to gain access to a copy of these safeguards, please contact us using the information in the "Contact Us" section below.
IX. AUTOMATED DECISION-MAKING
We do not envisage that any decisions will be taken about you using automated means.
X. HOW LONG WE KEEP YOUR PERSONAL INFORMATION FOR
We only keep your Personal Information for as long as we need it to provide the Services to you and fulfil the purposes described in this Privacy Statement. This is also the case for anyone that we share your Personal Information with and who carries out Services on our behalf. To determine the appropriate retention period for your Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable requirements.
In relation to the foregoing, we will keep your Personal Information for as long as you have an active account in the Portal and, unless otherwise expressly stated in this Privacy Statement, for one year after you have deleted your account and stopped using the Services. When we no longer need to use your Personal Information as mentioned above and there is no need for us to keep it to comply with our legal or regulatory obligations, we'll either remove it from our systems or depersonalize it so that we can't identify you.
The Portal may contain links to websites owned by other companies. Because CEMEX has no control over the privacy practices or content of these linked sites, we recommend that you carefully review the privacy statement of each website you visit. CEMEX is not responsible for the content or privacy practices of websites owned by other companies.
This Privacy Statement addresses CEMEX’s procedures for handling the Personal Information of customers who have reached the age of majority. We do not seek to, nor do we knowingly collect, information from children. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. To do so, contact CEMEX through the information provided below in the “Contact Us” section.
XII. CONTACT US
CEMEX has a Chief Privacy Officer located in Mexico, as well as Data Protection Officers in European countries where we have operations. You may contact CEMEX’s data privacy office at any time if you have questions, general concerns about the processing of your personal information, or any data protection issue, by sending an e-mail to email@example.com.
Additionally, for the benefit of EEA data subjects and pursuant to article 27 of the General Data Protection Regulation, we have appointed CEMEX España, S.A. (“CEMEX España”), a Spanish corporation that has a registered address at Hernandez de Tejada, 1 28027 Madrid, Spain, as our representative in the EU. If you are an EEA data subject, you may address CEMEX España as to any issues relating to the processing of your Personal Information under this Privacy Statement in addition to or instead of the controllers mentioned above which are located in Mexico. Please consider that any information, including Personal Information, sent to CEMEX España under this Privacy Statement may be shared with PwC as CEMEX España’s advisor for personal data protection matters in Europe. You can contact CEMEX España by sending an e-mail to firstname.lastname@example.org.
If you are a Mexican user and you consider that we have infringed upon your personal data protection rights, you have the right to make a complaint to the Personal Data Transparency, Access and Protection National Institute (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales). For more information, please visit www.inai.org.mx.
If you are an EEA user and you feel that we have not answered your concerns appropriately you have the right to make a complaint to your local data protection authority. Contact details for EU data protection authorities can be found here.
If you are located elsewhere and consider we have infringed upon your personal data protection rights, please contact your local data protection authority for more information on how to exercise your right to file a complaint.
In any case, we would appreciate the chance to deal with your concerns before you approach the corresponding data protection authority, so please contact us in the first instance.
XIII. UPDATES TO PRIVACY STATEMENT
From time to time, we may update this Privacy Statement. If we do, we will note near the top of this page the date that any changes are made and/or when they become effective. If the changes being made are material, we may alert you to the changes in a more prominent way. Your inaction or continued use of the Services, including access of the Portal, after any such notices, will tell us that you agree to these changes.