Privacy Notice and Privacy Policy

Last updated: August 28, 2026
Effective date: August 28, 2026

VesperaMX respects the privacy of people who visit our website, request information, participate in a business or recruiting process, or maintain a professional relationship with us. This Privacy Notice and Privacy Policy explains what personal information we process, why we use it, when we may disclose it, and how you can exercise your privacy rights.

1. Identity and address of the data controller

Jacobo Abraham Ortiz Hernandez, doing business as VesperaMX (“VesperaMX,” “we,” “us,” or “our”), is responsible for the processing of your personal information.

2. Scope of this notice

This notice applies to personal information processed through:

When VesperaMX processes personal information solely on behalf of a client while developing, maintaining, hosting, or supporting a technology solution, the client may be the controller of that information and VesperaMX may act as a processor or service provider. In those cases, the processing is also governed by the applicable client agreement and, where appropriate, a data processing agreement.

3. Personal information we may collect

Depending on how you interact with us, we may process the following categories.

3.1 Information you provide directly

3.2 Information collected automatically

When you visit the website, we may receive technical and usage information such as:

3.3 Information obtained from third parties

We may receive information from clients, business partners, vendors, professional referrals, recruiting platforms, professional networks, public directories, or publicly available sources, provided that the collection and use are lawful.

3.4 Sensitive personal information

The website is not designed to request sensitive personal information. Please do not submit health information, racial or ethnic origin, religious beliefs, political opinions, genetic information, sexual orientation, or other sensitive information through general-purpose forms. If processing this type of information becomes strictly necessary, VesperaMX will provide the required notice and obtain any consent required by law.

You should also avoid submitting trade secrets, credentials, regulated information, or personal information about third parties through the public form unless you are authorized to do so and a secure channel has been agreed upon.

4. Purposes of processing

4.1 Primary or necessary purposes

We use personal information to:

4.2 Secondary or optional purposes

We may use personal information to:

These purposes are not required to begin or maintain a relationship with VesperaMX. You may opt out at any time by emailing contacto@vesperamx.com with the subject “Marketing opt-out” or by using the unsubscribe link included in a message, when available.

5. Consent and legal grounds for processing

VesperaMX processes personal information based on one or more of the following grounds, as applicable:

When a purpose requires express consent or a separate authorization, we will request it through an appropriate mechanism.

6. Cookies and similar technologies

The website may use cookies, tags, pixels, local storage, and similar technologies to operate correctly and understand how it is used. These technologies may include:

When enabled, measurement tools such as Google Analytics may receive technical and interaction information and use first-party cookies. In jurisdictions that require prior consent, non-essential technologies should be activated only after the user has made a choice.

You can block or delete cookies through your browser settings. Some features may not work properly if necessary cookies are disabled. Where the website displays a cookie preference panel, you may also use it to change your selection.

7. Processors, service providers, and disclosures

VesperaMX may allow service providers to access personal information when they process it on our behalf under instructions, contracts, and confidentiality obligations. These providers may support:

We may also disclose or transfer personal information:

VesperaMX does not sell personal information. In the ordinary course of business, VesperaMX also does not transfer personal information for third parties to use for their own independent marketing purposes when such a transfer requires consent. If this practice changes or a different transfer is proposed, we will request consent where legally required.

8. International processing and storage

Because of the nature of technology services and cloud infrastructure, personal information may be stored or processed in Mexico, the United States, or other countries where VesperaMX or its service providers operate. Where applicable, we use contracts, instructions, access controls, and other reasonable safeguards to maintain appropriate protection and comply with requirements governing international transfers or processing.

9. Retention

We retain personal information only for as long as reasonably necessary to fulfill the purposes described in this notice, maintain the relevant relationship, and satisfy legal or contractual obligations. Retention criteria include:

After the applicable period, information will be deleted, anonymized, or blocked in accordance with law and our backup processes. Residual copies may remain temporarily in protected backups until scheduled overwrite or deletion.

10. Security and confidentiality

We use reasonable administrative, technical, and physical safeguards designed to protect personal information against damage, loss, alteration, destruction, unauthorized use, access, or processing. Safeguards may include access controls, authentication, backups, encryption where appropriate, monitoring, system updates, confidentiality agreements, and internal procedures.

No system can be guaranteed to be completely secure. If a breach must be reported under applicable law, VesperaMX will provide the required information and recommended protective steps to affected individuals.

11. ARCO rights and privacy requests in Mexico

In Mexico, you may exercise the rights of:

To submit a request, email contacto@vesperamx.com with the subject “ARCO / Privacy Request” and include:

  1. Your full name and a method for receiving our response.
  2. Reasonable information or documents that verify your identity and, where applicable, your representative’s authority and identity.
  3. A clear description of the personal information associated with the request.
  4. The right you wish to exercise and the result you are requesting.
  5. Any detail that may help us locate the information.
  6. For rectification, the requested correction and supporting documentation.

For security, VesperaMX may request additional information to verify identity. We recommend redacting unrelated information from identification documents.

VesperaMX will respond within the period required by applicable law. Under current Mexican law, a determination is generally communicated within twenty business days after a complete request is received and, if granted, implemented within the following fifteen business days. These periods may be extended once when justified by the circumstances.

Exercising privacy rights is free, except for reproduction, delivery, or other costs permitted by law.

12. Withdrawal of consent and limits on use

You may request withdrawal of consent or ask us to limit the use or disclosure of your information by using the contact method and subject line described above. Withdrawal is not retroactive and may not be available when processing is required to comply with legal or contractual obligations or to establish, exercise, or defend legal rights.

To stop receiving marketing communications, use the unsubscribe link in the message or email contacto@vesperamx.com with the subject “Marketing opt-out.”

13. Additional rights based on jurisdiction

Depending on where you live and whether the relevant law applies, you may have additional privacy rights.

13.1 California residents

Where the CCPA/CPRA applies to VesperaMX and the processing at issue, a California resident may have rights to know or access, correct, delete, and receive a portable copy of certain information; to opt out of regulated sale or sharing; to limit certain uses of sensitive personal information; and to exercise privacy rights without unlawful discrimination.

VesperaMX does not sell personal information. If a technology or disclosure is treated as a “sale” or “sharing” under applicable law, VesperaMX will provide the required opt-out mechanism. Requests may be submitted through the process described in Section 11.

13.2 European Economic Area, United Kingdom, and similar jurisdictions

Where applicable, you may have rights to access, correction, erasure, restriction, objection, portability, withdrawal of consent, and submission of a complaint to the competent supervisory authority. These rights are subject to legal requirements, exceptions, and identity verification.

14. Information processed on behalf of clients

In some engagements, VesperaMX may process personal information hosted in applications, systems, or environments controlled by a client. In those situations:

This notice does not replace a client’s own privacy policy or the notices applicable to its users.

15. Automated decision-making

VesperaMX does not use personal information collected through the website to make solely automated decisions that produce legal or similarly significant effects on an individual. If this practice changes, we will provide the information and choices required by applicable law.

16. Children’s privacy

The website and VesperaMX’s business services are not directed to people under 18. We do not knowingly collect personal information from children through the website. If you believe a child submitted information without authorization, contact us so that we can review and delete it where appropriate.

17. Third-party links and services

The website may contain links, plug-ins, or content operated by third parties. Their activities are governed by their own privacy notices, and VesperaMX does not control processing performed directly by those parties. We recommend reviewing their policies before providing information or interacting with their services.

18. Changes to this notice

We may update this notice to reflect legal, regulatory, technological, operational, or service changes. The current version will be posted on this page with its revision date. When a change is material and applicable law requires notice, we may provide a prominent website notice, email, or another appropriate communication.

19. Contact and complaints

For privacy questions, comments, or requests:

You may also submit a complaint to the competent data protection authority if you believe that processing violates applicable law.

20. Language

This notice may be published in Spanish and English. Both versions are intended to communicate the same content. In the event of a discrepancy, the Spanish version will control for purposes of Mexican law to the extent permitted by applicable law.