Privacy Statement

Effective as of February 5, 2020

Conference Call and Webcast Privacy Statement

I. INTRODUCTION

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 in relation to your access and participation in a CEMEX webcast.

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 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:

1.    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.

2.    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.

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 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 determine 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 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:

(i)    your name, address, phone number and e-mail address (our response to your request will be sent to this e-mail address);

(ii)    when applicable, the name of your legal representative including a copy of the document evidencing the validity of the such legal representation;

(iii)    a copy of any official ID and, when applicable, the ID of your legal representative;

(iv)    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

(v)    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 access to the corresponding webcast, CEMEX and certain third parties as described below collect certain information from you and your devices. By providing your Personal Information and/or accessing the webcast, you consent to the collection, use and sharing of the data as described in this Privacy Statement.

When you register through the corresponding online form in order to have access to a webcast, or when you access the webcast either online or through the phone, you may provide the following Personal Information to CEMEX: first name, last name, country, business e-mail, telephone number, company for which you work for and position.

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.   

IV. USE AND SHARING OF PERSONAL INFORMATION

1. Use of Personal Information

CEMEX may use your Personal Information for statistical analysis in relation to access to the webcast, to determine your identity in case you make a question during the webcast, in which case your name may be included in the corresponding transcript, and, in some instances, to communicate with you in case your questions or comments made during the webcast are not addressed in the event. CEMEX does not assume any responsibility to respond to any questions or comments made by participants that may have not been answered during the webcast but may do so at its sole discretion.

In order to process the Personal Information of users, we are relying on our legitimate interest in knowing who is accessing any CEMEX webcast to understand and gauge the interest these events have among the general audience and the concerns of certain stakeholders, as well as to conduct the webcast in a secure and efficient manner and foster our relation with participants by answering certain unaddressed questions in CEMEX’s webcasts.

Additionally, if you are an EU 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 webcast, CEMEX may share certain Personal Information with third parties acting on our behalf, including:

Please consider that, in case you ask a question or make a comment during the webcast, your name, company for which you work for, and question and/or comment may be included in transcripts, either made by CEMEX or other third-party participants, of the event. CEMEX does not publish or transmit the transcripts of any webcasts to third-parties outside the CEMEX Group. Nevertheless, third-parties may make available to the public transcripts of the event that they may have made or obtained from other webcast participants.  

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; (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.

VI. TRANSFERS OF PERSONAL INFORMATION OUTSIDE OF THE EU

CEMEX is a worldwide corporate group. By using accessing our webcasts or providing us with Personal Information in relation thereof, you authorize us to transfer and store your information outside of your home country, including in the EU, for the purposes described in this Privacy Statement. Where we transfer Personal Information from the EU 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 EU, Personal Information may be transferred mainly to Mexico and the United States. If you would like more information about these safeguards, please contact us using the information in the "Contact Us" section below.

VII. AUTOMATED DECISION-MAKING

We do not envisage that any decisions will be taken about you using automated means.

VIII. 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.

IX. EXCLUSIONS

CEMEX’s webcasts are hosted in a third party website that may be subject to a different privacy statement. We recommend that you carefully review the privacy statement of each website you visit.

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. 

X. 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 dataprivacy@cemex.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 EU 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.

XI. 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 access to CEMEX’s webcasts, after any such notices, will tell us that you agree to these changes.