Important Legal Notice for Users
READ THIS NON-EXCLUSIVE LICENSE AGREEMENT (TERMS AND CONDITIONS) CAREFULLY BEFORE USING THE SITE'S PRODUCTS AND/OR SERVICES.
By executing the services or clicking the “I ACCEPT” button in the non-exclusive license agreement window, you confirm your unconditional acceptance of the Terms and Conditions herein. Therefore, if you do not agree with the Terms and Conditions of this non-exclusive license agreement, you must discontinue the use of the services and/or contact SERVICES WHO'S WHO, SA DE CV., located at Bosques de Duraznos No. 61, 8th Floor, Office A-2, Col. Bosques de las Lomas, CP 11700, Miguel Hidalgo, Mexico City, Mexico, by phone at +55 5596 3030 or via email at juridico@quienesquien.com.mx.
“SQQ” may make changes to these Terms and Conditions whenever it seems appropriate. The most up-to-date version of these Terms and Conditions will be published via the link: https://quienesquien.mx/terminos-y-condiciones/, so we recommend reviewing them periodically and before using the services.
Once the consideration for the services has been covered and the non-exclusive license agreement accepted, you may use the services in accordance with the Terms and Conditions of this agreement.
The following general provisions are established for the interpretation and compliance of this instrument.
1.1 “SQQ”: For the purposes of this agreement, SERVICES WHO'S WHO, SA DE CV., located at Bosques de Duraznos No. 61, 8th Floor, Office A-2, Col. Bosques de las Lomas, CP 11700, Miguel Hidalgo, Mexico City, Mexico, registered in the Federal Taxpayer Registry under No. SQE 030711 EQ4, shall at all times be the owner of all industrial and intellectual property rights of the Confidential Information, including, but not limited to, copyrights, trademarks, trade names, logos, and other distinctive signs generally related to the provision of the services under this agreement, without the “COMPANY” and/or “USER” reserving any rights, actions, or exceptions regarding them.
1.2 “COMPANY”: The “COMPANY” shall at all times be fully responsible for full compliance with this agreement. “COMPANY” shall include, without limitation, any partnership, limited liability company, corporation, association, joint-stock company, variable capital corporation, trust company, temporary union of companies, labor organization, unincorporated entity, or government entity using the services, even when the license is accessed through the “USER,” including partners, associates, executives, and other personnel related to the “COMPANY” who in any way have access to the services of the “SITE,” and/or to the Confidential Information owned by “SQQ.” In such case, the “COMPANY” will be responsible for any breach of this agreement, even if such breach was carried out arbitrarily by the “USER,” including all applicable legal responsibilities, such as those under the Industrial Property Law and all provisions of the Federal Penal Code.
1.3 “USER”: “USER” refers to any person who in any way has access to the services of “SQQ” and/or to the Confidential Information owned by “SQQ.”
If the “USER” uses the services and/or Confidential Information on behalf of a “COMPANY,” it is understood that such “COMPANY” has authorized the person accepting this agreement to do so on its behalf.
1.4 USERNAME AND PASSWORD: The “USER” may choose and change the password for access at any time. The username is exclusive and non-transferable and may not be assigned or transferred to third parties. The “COMPANY” and/or “USER” shall be responsible in case of non-compliance.
1.4.1 To access the services, the “USER” will receive an email with the necessary credentials (username and password). By logging in, the “USER” is: (i) confirming that the information provided to “SQQ” is accurate and up to date, and that no third-party information has been provided or impersonated; and (ii) committing to maintain and update the information to ensure its accuracy.
1.4.2 If the “USER” information is inaccurate or uncertain, or if there are reasonable grounds to suspect that the information provided is false or inaccurate, “SQQ” reserves the right to terminate the account and prevent access to the services currently or in the future.
1.4.3 If the “USER” uses a password to access the services of “SQQ,” they are responsible for maintaining the confidentiality of the password and restricting access to their computer. The “USER” agrees to accept responsibility for all activities that occur under their account or password. If account or password confidentiality is compromised, the “USER” must immediately notify “SQQ.” “SQQ” reserves the right to take any reasonable actions to secure the acquired services and account, including canceling the account or changing the password.
1.4.4 The “USER” has full control over the information processed from their account; “SQQ” will only manage its storage. However, “SQQ” may rely on the authority of anyone accessing the “USER” account or using their password and shall not be considered responsible for any debt or damage resulting from: (i) any action or inaction by “SQQ” under this clause, (ii) any compromise of account or password confidentiality, or (iii) any unauthorized access or use of the account or password.
1.4.5 “SQQ” will not allow access through a single username to be used by multiple users on the network. The “USER” is responsible for preventing unauthorized use.
1.5 “SITE”: https://qeq.com.mx/datos/pages/ and/or https://app.q-Detect.com
The “COMPANY” and/or “USER” shall be fully responsible for compliance with this agreement, including all applicable legal responsibilities, such as those under the Industrial Property Law and the Federal Penal Code.
“SQQ” will provide the “COMPANY” and/or “USER” with the services to be used solely and exclusively under the terms and conditions established in this non-exclusive license agreement.
2.1 USERNAME AND PASSWORD – The “USER” may choose and change the password for access at any time. The username is exclusive and non-transferable and may not be assigned or transferred to third parties. The “COMPANY” and/or “USER” shall be responsible in case of non-compliance.
2.1.1 The “USER” will receive an email with the necessary credentials (username and password) to access the services. By logging in, the “USER” is: (i) confirming that the information provided to “SQQ” is accurate and up to date, and that no third-party information has been provided or impersonated; and (ii) committing to maintain and update the information to ensure it remains accurate and current.
2.1.2 If the “USER” information is inaccurate or uncertain, or if there are reasonable grounds to suspect that the information provided is false or inaccurate, “SQQ” reserves the right to terminate the account and prevent access to the services currently or in the future.
2.1.3 If the “USER” uses a password to access the services of “SQQ,” they are responsible for maintaining the confidentiality of the password and restricting access to their computer. The “USER” agrees to accept responsibility for all activities that occur under their account or password. If account or password confidentiality is compromised, the “USER” must immediately notify “SQQ.” “SQQ” reserves the right to take any reasonable actions to secure the acquired services and account, including canceling the account or changing the password.
2.1.4 The “USER” has full control over the information processed from their account; “SQQ” will only manage its storage. However, “SQQ” may rely on the authority of anyone accessing the “USER” account or using their password and shall not be considered responsible for any debt or damage resulting from: (i) any action or inaction by “SQQ” under this clause, (ii) any compromise of account or password confidentiality, or (iii) any unauthorized access or use of the account or password.
2.1.5 “SQQ” will not allow access through a single username to be used by multiple users on the network. The “USER” is responsible for preventing unauthorized use.
2.2 DEFINITION OF AREAS AND ROLES – The “COMPANY” and/or “USER” shall be responsible for defining all areas and roles of users who will use the services of “SQQ.” This action is crucial to ensure accuracy in performed queries, allowing the deployment of segmented lists tailored to different types of risk, thus facilitating efficient management and integration with other platforms and software. To optimize operational benefits and regulatory compliance, it is crucial that the “COMPANY” and/or “USER” defines all areas and roles of the profiles that will use the services, with the purpose of identifying and assigning the lists that meet the specific needs of each area.
2.2.1 The “USER” must define all areas and roles of the profiles using the services. Operational areas may include, among others:
Anti-Money Laundering
Human Resources
Suppliers
Procurement
Operations
2.2.2 Through the services, the “USER” must register companies and users for segmentation as follows:
Company Registration: Companies can segment lists by country, area, and role.
Definition of Areas and Roles: Create all user areas and roles in the 'Security ID' section.
User Registration: Register the full name of all users.
Deployment and Segmentation: Services display lists segmented by country and area, adapted to different types of risk.
2.2.3 BENEFITS
Query Accuracy: More precise and relevant queries.
Regulatory Compliance: Ensure compliance with local and global regulations.
Efficient Management: Facilitate management of specific lists and risks.
Platform Integration: Enable integration with other platforms and software.
2.3 RESPONSIBILITY OF USE – The “COMPANY” and/or “USER” is fully responsible for all types of use of the “SQQ” services, whether by executives, partners, employees, or related third parties. They also declare and guarantee that the information displayed through the “SITE” services is for informational purposes only.
2.3.1 Contracting any of the “SQQ” services does not release the “COMPANY” and/or “USER” from their own obligations. Any purchase or contracting should be understood as an auxiliary activity that cannot replace the obligations of the “COMPANY” and/or “USER” before the competent authority.
2.3.2 “SQQ” shall not be responsible for delays, failures, or denials of access to the services caused by third parties and/or their internet service provider.
2.3.3 To access the services, the “COMPANY” and/or “USER” must pay “SQQ” the established price. The price will include the applicable Value Added Tax (VAT) and will be adjusted according to the current service rates and inflation per the INPC published in the Official Gazette.
2.4 SALES – Through the SQQ website, the “COMPANY” and/or “USER” may make various purchases, for which “SQQ” will store contact and billing information for administrative and marketing purposes.
2.4.1 Payments and transactions will be processed through OPENPAY, SA DE CV, the ONLINE PAYMENT SYSTEM, so “SQQ” has no control or responsibility over these processes or the information requested for them. The data provided by the “COMPANY” and/or “USER” to complete a purchase will not be processed by SQQ's servers and will only be stored to manage and validate the purchase.
2.4.2 “SQQ” reserves the right to revoke any service offering at any time at its sole discretion.
2.4.3 In the case of purchasing SQQ services, the transaction will be finalized once the stipulated price has been paid, accepted, and acknowledged according to payment controls. In case of technical failures or delays in payment, the provision of services will not be canceled while reviews and investigations are conducted with the ONLINE PAYMENT SYSTEM to determine successful payment. In the event of unsuccessful payment, the “COMPANY” and/or “USER” will be notified to resolve it directly with the online payment system or the bank used.
2.4.4 The “COMPANY” and/or “USER” shall make the payment via the ONLINE PAYMENT SYSTEM. Data collected by this system will not be processed by “SQQ.” The payment process is subject to the terms and conditions of the online payment system; SQQ has no control or responsibility for these processes.
2.4.5 “SQQ” maintains administrative, physical, and technical security measures for the personal data provided by the “COMPANY” and/or “USER,” so they may feel protected when using the “SITE.”
2.5 PRIVACY / DATA PROTECTION – “SQQ” protects the privacy and personal data of the “COMPANY” and/or “USER,” which will only be used for the purposes indicated in the PRIVACY NOTICE.
For more information about the processing of personal data, please consult our PRIVACY NOTICE available at: https://quienesquien.mx/privacidad/
2.5.1 “SQQ” has partnerships with developers and consulting firms that may contact you to offer benefits. “SQQ,” its affiliates, partners, executives, and associates are not responsible for any events during these activities or consultations. Therefore, “SQQ” reserves the right, and the “COMPANY” and/or “USER” authorizes, to use and transfer information regarding the use of the services by the “COMPANY” and/or “USER” and all information provided by them in any way consistent with the PRIVACY NOTICE.
2.5.2 By using the services and accepting these Terms and Conditions, the “COMPANY” and/or “USER” authorizes the use of their information for marketing or advertising purposes, in any way consistent with the PRIVACY NOTICE. Users also accept that “SQQ” may transfer or disclose to third parties the information provided under these Terms and Conditions in accordance with the PRIVACY NOTICE.
2.6 LIMITATION OF LIABILITY – By using the services, the “COMPANY” and/or “USER” expressly accepts that such use is at their own risk. The services of “SQQ” are provided as-is at the date of use. “SQQ,” its affiliates, partners, executives, and associates do not guarantee that the services will be error-free or complete. “SQQ” does not guarantee the accuracy, integrity, or exhaustiveness of the content presented in the services. No verbal information or services offered on the “SITE” by “SQQ” shall constitute any guarantee. “SQQ,” its affiliates, partners, executives, and associates shall not be liable under any circumstances for damages or losses arising from the use of information obtained from the services, including errors, omissions, interruptions, file corruption, viruses, operation or transmission delays, or any breach.
2.6.1 The above limitation of liability applies in cases of claims derived from negligence or other liability, even when an authorized representative of “SQQ” has been advised of or should have known of the possibility of such damages. This paragraph applies to all information, content, and services offered by “SQQ.”
2.6.2 “SQQ,” its affiliates, partners, executives, associates, and/or employees shall in no case be liable for special, incidental, or punitive damages of any kind (including, without limitation, fines or penalties imposed by authorities on the “COMPANY” and/or “USER”) arising from or related to the use or inability to use the services, Confidential Information, and/or any content related to the “SITE.” If a competent authority determines liability of “SQQ” in any such matter, it will be limited to the cost of the services. Under no circumstances shall SQQ's liability exceed the amount paid by the “COMPANY” and/or “USER.”
2.6.3 Both access to the “SITE” and any use by the “COMPANY” and/or “USER” of the services or information contained therein are the exclusive responsibility of the “COMPANY” and/or “USER.” In case of typographical errors, inaccuracies, omissions, or outdated information, “SQQ,” its affiliates, partners, executives, and associates reserve the right to correct, change, or update them at any time without prior notice. Users release “SQQ” from any liability arising from information obtained through the services.
2.6.4 SQQ's services are initially free of viruses; However, SQQ does not guarantee the absence of viruses in the content of these services or linked sites, nor the absence of other elements that could alter users' computer systems or stored electronic documents and files.
2.6.5 SQQ does not guarantee that the information and/or services will be useful for any particular activity. “SQQ,” its affiliates, partners, executives, and associates are not responsible for delays, failures, or denial of access to the SITE services caused by third parties or internet providers. In case of any doubts or issues regarding the services, you may contact +55 5596 3030 or soporte@quienesquien.com.mx for assistance or requested service.
3.1 The “COMPANY” and/or “USER” shall use the information provided through the “SITE” services solely for the original purposes intended. They commit to keeping the information provided by “SQQ” confidential and are responsible for the use of the tools and information.
3.1.1 During the term and after the termination of the non-exclusive license for the services, the “COMPANY” and/or “USER,” including partners, associates, executives, developers, and other personnel who in any way have access to confidential information and/or SQQ services, shall not, without limitation, disclose, transfer, modify, translate, reproduce, emulate, clone, rent, lease, lend, commercialize, copy, disseminate, publish, decompile, or reverse-engineer the services, materialize SQQ's confidential information on tangible or intangible media, create direct or indirect shortcuts via programs or alternate pages, use or apply the services for purposes not directly and exclusively related to the purposes and objectives of this non-exclusive license agreement, or in any other way provide third parties with Confidential Information related to, concerning, or derived from SQQ services.
“Confidential Information” means, without limitation, all information that the “COMPANY” and/or “USER” become aware of through the use of the services and that relate, without limitation, to platforms, lists, databases, legal and/or internal documents, technological tools, projects, activities, technical knowledge, software, services, business practices, clients, specifications, proprietary information, client portfolios, technology, source code, object code, contractual agreements, sales, pricing policies, operational methods, technical processes, commercial policies, practices, and other commercial and financial information.
3.1.2 All Confidential Information, as defined herein, is and shall remain the property of “SQQ.” The “COMPANY” and/or “USER” shall not disclose Confidential Information to third parties or use such Confidential Information for purposes other than those contemplated herein. The “COMPANY” and/or “USER” may only provide Confidential Information when required by the corresponding authority.
3.1.3 “SQQ” shall at all times be the owner of all industrial and intellectual property rights of the Confidential Information. The “COMPANY” and/or “USER” may not modify any of the services, remove any proprietary notices or SQQ identifiers from the Confidential Information downloaded or printed from the “SITE,” nor copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, or sell any content owned by SQQ.
3.1.4 All features, registered trademarks, and content of SQQ, including logos, icons, texts, graphics, photographs, images, moving images, videos, sound, illustrations, and software, are the property of SQQ. All elements of SQQ are protected by copyright, trade names, logos, moral rights, database rights, trademarks, and other industrial and intellectual property rights. Unless explicitly allowed in these Terms and Conditions, no part or element of SQQ content may be copied or transmitted by any means without prior written consent from SQQ. The content of SQQ and all rights related thereto are the exclusive property of SQQ, which expressly reserves all rights in SQQ content and trademarks.
3.1.5 SQQ may disable and prevent the “COMPANY” and/or “USER” from accessing or using the services at any time during the term, without judicial declaration, if the “COMPANY” and/or “USER” commits any breach of these Terms and Conditions, without this constituting a waiver by SQQ to pursue criminal and/or civil actions before the competent authority.
3.2 The “COMPANY” and/or “USER” acknowledges the intellectual authorship and development of the services owned by SQQ. Partners, associates, executives, and personnel related to the “COMPANY” and/or “USER” who have access to the services and/or SQQ's Confidential Information shall refrain from:
(i) Claiming intellectual ownership over all or part of SQQ's Confidential Information;
(ii) Commercializing, copying, disseminating, or distributing it in any way;
(iii) Using or applying the Confidential Information for purposes other than those tacitly authorized by SQQ;
(iv) Failing to recognize SQQ's inherent right to freely and unrestrictedly commercialize such Confidential Information in the manner that best serves its interests;
(v) Allowing third parties related to the “COMPANY” and/or “USER” to copy, disseminate, transfer, modify, use, and/or profit from the Confidential Information;
(vi) Failing to recognize moral and proprietary rights associated with SQQ's Confidential Information.
3.3 During the term of this agreement, the “COMPANY” and/or “USER” may not develop, sell, assign, lease, or otherwise transmit SQQ's Confidential Information, including but not limited to patents, intellectual property, industrial property, software developments or product sales, source code, object code, utility models, brochures, software programs, implementation of creative ideas, and in general any service or design that is equal, equivalent, similar, or substitutable for SQQ's Confidential Information.
3.4 The obligations herein do not apply to Confidential Information that:
(i) The “COMPANY” and/or “USER” can provide was already known prior to receipt;
(ii) Was public domain at the time of disclosure, without breaching any confidentiality obligations herein;
(iii) Is required to be disclosed by order of competent authority or by law.
3.5 This agreement shall be effective indefinitely from the acceptance hereof and shall remain in effect even if the non-exclusive license is terminated, expiring, or rescinded, continuing for five (5) additional years thereafter.
3.6 If any provision of this non-exclusive license agreement is deemed null, illegal, or unenforceable, the validity of the remaining provisions shall not be affected. The PARTIES shall replace the null, illegal, or unenforceable provision with a valid and enforceable one that, as much as possible, fulfills the original purpose.
The service levels that “SQQ” will meet regarding the availability of the “SITE” services are established, including response and resolution times to be committed in case of incidents according to the type and location of the failure.
4.1 REQUIREMENT
The SLA applies in all cases once a formal request has been made by the “COMPANY” and/or “USER,” ie, a formal request must exist for a specialist to intervene. This document establishes the responsibilities of the parties and the procedures to ensure that the needs of the “COMPANY” and/or “USER” are met in a timely manner.
4.2 TECHNOLOGICAL TOOLS
4.2.1 “SQQ” provides technological tools supported by communication protocols for accessing and consulting different types of lists issued by Mexican authorities, international organizations, intergovernmental associations, or authorities of other countries, regarding persons linked to terrorism or its financing. Data provided through any technological interface and the deployment of information comply with this Service Level Agreement (SLA) document.
Three levels of access are established for accessing, consulting, and using the lists, as follows:
4.2.2 Online real-time access and bulk queries for individuals and/or legal entities, countries, and jurisdictions listed by “SQQ”; access and consultation at this level are performed through a Web Service interface that must be connected to the “COMPANY” and/or “USER” for data exchange under the XML (Extensible Markup Language) standard.
4.2.3 Access to individual online queries through the provider's website using a web browser. The web application will provide access to the lists provided by “SQQ” and the browser must be up to date for proper use.
5.1 Service queries are enabled 24 hours a day, 365 days a year, with a monthly service availability of 99.9%.
5.2 “SQQ” will notify the “COMPANY” and/or “USER” at least 5 business days in advance of maintenance windows involving updates to the Web Services interface, technological components, or security certificate updates.
5.3 ATTENTION PROCEDURE
This SLA describes “SQQ”'s commitment to have the following services available:
Level 1 Email
Telephone Help Desk
Incident registration
5.4 SUPPORT HOURS
Support is provided during business days, Monday to Friday, from 09:00 to 19:00 hours (GMT/UTC Mexico).
5.5 APPLICATION MATRIX WITHIN THE SERVICE LEVEL
The software considered within this SLA includes:
5.5.1 Web Application for Online Access 19.07 – Web application accessible via a browser for individual online queries, providing access to lists from “SQQ.”
5.5.2 Web Services Interface 19.07 – Technological component enabling data exchange under the XML standard (Extensible Markup Language).
This SLA does not include support for applications not defined in this section.
Incidents reported by the “COMPANY” and/or “USER” will be addressed with response and resolution times according to the severity assigned to each incident. Severity is determined based on urgency and impact.
7.1 The “COMPANY” and/or “USER” may submit complaints, questions, or claims in writing regarding these Terms and Conditions or their compliance with the services of the “SITE” to the address: Bosques de Duraznos #61, 8th Floor, Office A-2, Col. Bosques de las Lomas, CP 11700, Miguel Hidalgo, Mexico City, Mexico. Alternatively, they may express their complaints, questions, or claims by phone at 5596–3030 or by email at juridico@quienesquien.com.mx.
8.1 PROTOCOLS: A system of rules that allows two or more entities in a communication system to exchange information. These rules define the syntax, semantics, synchronization of communication, and potential error recovery methods. Protocols may be implemented via hardware, software, or a combination of both.
8.2 INTERFACE: A set of subroutines, functions, and procedures used in software application programming. Processes represent a method to achieve abstraction in programming.
8.3 WEB SERVICE: A web service is a technology that uses a set of protocols and standards to exchange data between applications. Different software applications developed in various programming languages and executed on any platform can use web services to exchange data over networks such as the Internet. Interoperability is achieved by adopting open standards. Organizations like OASIS and W3C are responsible for the architecture and regulation of Web Services.
8.4 XML: XML (Extensible Markup Language) is a metalanguage developed by the World Wide Web Consortium (W3C) for defining markup languages and storing data in a readable format. It derives from SGML and allows defining the grammar of specific languages (similar to how HTML is defined by SGML) to structure large documents. Unlike other languages, XML supports databases and is useful when multiple applications need to communicate or integrate information.
8.5 LAYOUT: A template or layout usually provides separation between structure and content. It is a means, system, or tool that guides, carries, or constructs a predefined design or scheme. A template facilitates reproduction work or multiple identical or nearly identical copies (without requiring sophistication or personalization). A template can serve as a sample base for a variety of items that share common elements (pattern), which constitutes the template itself.
8.6 HTTPS: Hypertext Transfer Protocol Secure (HTTPS) is the communication protocol that enables secure information transfers over the World Wide Web.
9.1 These Terms and Conditions are governed by and interpreted in accordance with the laws of Mexico, without reference to its conflict of law provisions. These Terms and Conditions and/or their compliance shall be resolved exclusively by a competent court located in Mexico City, which shall constitute the sole venue for any dispute. If any part of these Terms and Conditions becomes illegal, invalid, or unenforceable, such part shall be severed and shall not affect the validity and enforceability of the remaining provisions.
9.2 “SQQ” may modify these Terms and Conditions by updating this publication. “SQQ” may terminate these Terms and Conditions in advance, without liability and without prior judicial resolution. We reserve the right to investigate complaints or reports of violations of these Terms and Conditions and to take actions deemed appropriate, including, but not limited to, reporting any suspected illegal activity to the competent authorities and disclosing any information necessary or appropriate for the prevention and sanctioning of illegal activities.
