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 website located at https://www.cemex.com and any subsite of such website (the “Website”).
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 Mexican and European Union (“EU”) law, as well as any other applicable data protection 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 Website, 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 Privacy Statement 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.
Under certain circumstances, you can also:
- Request access to your Personal Information. You can request to receive a copy of the Personal Information we hold about you and verify that we are lawfully processing it.
- Request correction of your Personal Information. You can ask us to correct any incomplete or inaccurate information we hold about you. 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.
- 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.
- Object to our 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.
- 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 determine its accuracy.
- Request the transfer of your Personal Information in an accessible format to you or another organization.
- 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 applicable law. Please note that the withdrawal of your consent will not affect the lawfulness of our use of your Personal Information before you withdraw your consent.
In order to exercise any of the rights mentioned above, you should send us a request, through any of the means mentioned in the “Contact Us” section, that includes the following:
- your name, address, phone number and e-mail address (our response to your request will be sent to this e-mail address);
- when applicable, the name of your legal representative including a copy of the document evidencing the validity of the such legal representation;
- a copy of any official ID and, when applicable, the ID of your legal representative;
- an indication of the right(s) mentioned above you wish to exercise as well as a clear and precise description of the Personal Information upon which such rights will be exercised, including any changes to be made to your Personal Information if applicable, and
- any other element or document which relates to your request and/or which may help us in locating your Personal Information.
Exercising one of your rights mentioned above is not a prerequisite for and does not preclude you from exercising any other right.
In case the information provided is erroneous or insufficient, or the required documentation in order to confirm your identity are not attached, within 5 business days following the receipt of your request, we may solicit that you provide us the necessary elements or documents to process your request. You will have 10 business days from the date in which you receive our solicitation in order to fulfill it. If you do not respond in the aforementioned period, your request will be considered as not submitted.
CEMEX will inform you of the resolution within 20 business days from the date in which we received your request, so that, if resolved favorably, it is executed within 15 business days from the date in which we inform you of the resolution.
For more information on the process or requirements to exercise any of the abovementioned rights, as well as for any questions you may have in relation to the processing of your Personal Information, please contact us by using the information in the “Contact Us” section below.
III. COLLECTED INFORMATION
In order to provide you with the benefits of utilizing the Website, CEMEX and certain third parties as described below collect certain information from you and your devices. By using the Website or otherwise providing Personal Information to CEMEX, you consent to the collection, use and sharing of the data as described in this Privacy Statement.
1. Information that You Provide to CEMEX
When you fill-out any contact form, communicate with us, subscribe to e-mail alerts and pre-register for CEMEX Go through the Website, you may provide certain Personal Information to CEMEX, including your name, e-mail address, phone number, address, company for which you work and client number, in addition to any other Personal Information that you voluntarily include in any messages to us.
We do not intend to collect any Personal Information deemed sensible by Law, as it is not necessary for fulfilling any of the purposes for using your Personal Information described below.
2. Information Collected by Cookies and Similar Technologies
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 Website 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.
|Source||Cookie Name||Expiration||Collected Information||Purpose||Opt-out link|
|_ga||2 years||Random ID number and time stamp||Registers a unique ID that is used to generate statistical data on how the visitor uses the Website.||https://tools.google.com/dlpage/gaoptout|
|_gid||24 hours||Random ID number||Registers a unique ID that is used to generate statistical data on how the visitor uses the Website.||https://tools.google.com/dlpage/gaoptout|
|Content Square||_cs_id||13 months||Random ID number||Anonymously identifies a returning visitor and analyses browsing patterns within the Website.||http://optout.contentsquare.net/|
|Content Square||_cs_s||Session||Random ID number||A session cookie which is placed at the beginning of each visit to track page views||http://optout.contentsquare.net/|
|fbp||3 months||Third party||Used by Facebook to display a range of advertising products, such as real-time bids from third party advertisers.||You can opt-out directly through Facebook|
|Imperva||visid_ incap_#||1 year||Random ID number||From the content delivery network, this cookie helps us with reliability, security and performance in our Website.||N/A|
|Imperva||incap_ ses_#||Session||Random ID number||This cookie is set to allow a visitor to receive Website content from one out of multiple servers as the visitor browses the site. This allows the visitor’s session to be maintained.||N/A|
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 Website or measure the effectiveness of advertisements.
Since there are currently no cookies strictly needed for the operation of the Website, opting-out of any or all cookies should not restrict your access to and use of any parts of the Website. Nevertheless, please note that this may result in the Website being unable to remember any preferences you have set in relation to its performance.
IV. USE AND SHARING OF PERSONAL INFORMATION
1. Use of Personal Information
CEMEX may use your Personal Information to communicate with you in relation to your questions, comments or requests made through the Website, to send you any information including sending you automated alerts containing financial information as requested by you through the Website, to process your pre-registration to CEMEX Go when applicable, as well as for other purposes and activities as set forth in the table below. Additionally, CEMEX may use your Personal Information collected through cookies or similar technologies as mentioned above, for performance, analysis and marketing 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 requested services, prevent us from effectively responding to your comments or questions made through the Website or prevent the Website from remembering any preferences you have set in relation to its performance.
We rely on a number of legal bases to process the Personal Information of users in the European Economic Area (“EEA”) as described in the table below. We have also identified what our legitimate interests are where appropriate.
|Purpose / Activity||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer, including pre-registration in CEMEX Go, or a new supplier||Performance of a contract with you|
|To manage our relationship with you which may include:
(a) Answering any questions or comments you make through the Website
(b) Notifying you about changes to our terms or privacy statement
(c) Asking you to leave a review or take a survey
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services to develop them and grow our business)
|To enable you to partake in a prize draw or competition||(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||Necessary for our legitimate interests (to develop our products/services and grow our business)|
|To send you any alert, newsletter or other marketing communications||Data subject consent|
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us using the "Contact Us" information below if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table above.
Additionally, if you are an EEA user and wish to learn more about our legitimate interests in using the Personal Information and how we have balanced our interests against your fundamental rights and interests, please contact us using the "Contact Us" information below.
If you provide Personal Information to CEMEX, you agree to the use, collection and disclosure of the Personal Information by CEMEX for the purposes described in this Privacy Statement.
2. Sharing of Personal Information
In order to provide the services related to the Website, CEMEX may share certain Personal Information with third parties acting on our behalf, including:
|Ilinium||Provider of the services for developing the Website and implementing any changes.|
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; (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 Website; (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).
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 from us.
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 Website currently does not respond to DNT signals. However, we do not track your online activities over time 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. When you use the Website, 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 Website 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 corporate group. By using our Website, 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 does 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. Outside of the EEA, Personal Information may be transferred mainly to Mexico and the United States, although certain contact forms within the Website may give you the option to transmit your Personal Information to other regions. If you would like more information about 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 will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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.
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 will either remove it from our systems or depersonalize it so that we cannot identify you.
For further information on retention periods please contact us by using the information in the “Contact Us” section below.
The Website may contain links external websites, such as the job application website, that may be subject to a different privacy statement. 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 users who have reached the age of majority. We do not seek to, nor do we knowingly collect, information from minors. If a minor has provided us with Personal Information, a parent or guardian of that minor 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 firstname.lastname@example.org.
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 email@example.com.
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 Website, after any such notices, will tell us that you agree to these changes.