Identity of the service provider
ReferenceCheck MX is a service rendered by REFERENCE CHECK MEXICO, S.A.S., a Mexican Sociedad por Acciones Simplificada (Simplified Stock Corporation), Mexican Tax ID (RFC) RCM171018EP3, with contact address at Calz. Mariano Escobedo 476, Floor 12, Interior 1200, Col. Anzures, Miguel Hidalgo Borough, Mexico City, Zip Code 11590. Official contact channels are listed in Clause 28 of these Terms and Conditions.
These Terms and Conditions govern access to, browsing of, requests for, contracting of, and use of the services offered through the website referencecheck.mx and/or through any electronic, telephone or documentary channel made available by ReferenceCheck MX.
Acceptance
By accessing the site, requesting information, obtaining a quote, contracting, paying for, or using any service of ReferenceCheck MX, the user and/or client accepts these Terms and Conditions.
When contracting takes place through electronic means, the parties acknowledge the validity of electronic records, data messages, communications, acceptances, service orders, consents, forms and digital documents relating to the provision of the service, in accordance with the Mexican Commercial Code (Código de Comercio) and other applicable Mexican law on electronic transactions.
Definitions
For purposes of these Terms:
- Client: individual or legal entity requesting or contracting the services.
- Data Subject: individual whose personal data is subject to consultation, validation or verification.
- Service: document validation; verification of personal, employment, commercial, academic, residential and identity references; legally permitted background checks; due diligence; review of public or legally accessible information; and any other service offered by ReferenceCheck MX.
- Site: the website, forms, platforms, emails and electronic channels operated by ReferenceCheck MX.
- Report: any document, result, finding, confirmation, summary or deliverable issued by ReferenceCheck MX as part of the contracted service.
Purpose of the service
ReferenceCheck MX provides services for the collection, validation, cross-referencing and verification of information provided by the Client, by the Data Subject or by authorized, public, legally accessible or reference sources, within the specific scope contracted.
The services are informational in nature and are intended to support selection, evaluation, onboarding, risk prevention, leasing, purchase, and know-your-client, know-your-supplier, know-your-associate or know-your-third-party processes, as applicable.
Nature and scope of results
Reports, validations, findings or results issued by ReferenceCheck MX:
- a) are prepared on the basis of the information available at the time of the inquiry;
- b) depend on the accuracy, currency, availability and responsiveness of the sources consulted;
- c) do not constitute an absolute guarantee regarding the present or future conduct of any person or entity;
- d) do not replace the Client's judgment, analysis, internal policies, hiring, leasing, compliance or due diligence procedures; and
- e) do not constitute legal, tax, financial, labor, medical, psychological or security advice.
Intake, validation and rejection of requests
ReferenceCheck MX may conduct a prior validation of any request before accepting it.
ReferenceCheck MX may require additional information, clarifications, documents, evidence of consent, justification of purpose or identity confirmation before initiating a service.
ReferenceCheck MX may reject, suspend or internally escalate a request where, among other grounds:
- a) the requester is not sufficiently identified;
- b) the purpose is ambiguous, disproportionate or incompatible with the service;
- c) there is no sufficient legal basis, authorization or documentary support;
- d) the documents are illegible, incomplete or unverifiable;
- e) the request is received through channels not authorized for the processing of sensitive data or personal documentation;
- f) there are indications of unlawful use, harassment, fraud, improper invasion of privacy or unlawful discrimination; or
- g) the matter involves biometrics, financial or patrimonial data, highly sensitive information, inquiries to Mexican credit bureaus (Sociedades de Información Crediticia, or "SIC"), or other circumstances requiring additional validation.
WhatsApp, social media and similar channels are generally treated as initial-guidance channels only, not as formal intake channels for the full onboarding of sensitive matters or personal documents.
Client representations and obligations
The Client represents and warrants that it:
- a) has sufficient authority to enter into these Terms;
- b) will provide truthful, complete and up-to-date information;
- c) has the legal basis, consent, authorization or valid instruction from the Data Subject when required by law or by the nature of the service;
- d) has informed, or will inform, the Data Subject, where applicable, about the processing related to the contracted service;
- e) will use the services exclusively for lawful, legitimate, proportionate purposes compatible with the declared purpose;
- f) will not request investigations, verifications or processing prohibited under applicable law;
- g) will not use the services or reports for purposes of harassment, stalking, unlawful discrimination, extortion or undue interference with the rights of third parties; and
- h) will retain, where applicable, evidence of the notice, consent or authorization of the Data Subject.
Personal data protection
Processing of personal data by ReferenceCheck MX is governed by its Comprehensive Privacy Notice (Aviso de Privacidad Integral), available at the current legal section of the site, and by Mexico's Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares, or "LFPDPPP").
Where applicable, the Client acknowledges that it acts as the data controller for the personal data it provides to ReferenceCheck MX, and undertakes to:
- have informed the Data Subject about the corresponding processing, where required;
- hold valid consent or authorization where the law or the nature of the service requires it;
- refrain from providing excessive, unnecessary or restricted-category data without sufficient legal basis; and
- use the service in a manner compatible with Mexican data protection law and any other applicable regulation.
Depending on the specific service flow, ReferenceCheck MX may act as a data controller, data processor, or recipient of a remission (remisión, i.e. a transfer of personal data to a processor under the LFPDPPP, which is treated as a non-transfer under Mexican law).
Consent and authorizations
Where required by the nature of the service, the Client shall obtain from the Data Subject express, prior and informed authorization to carry out the corresponding verification.
ReferenceCheck MX may request documentary evidence of such consent or authorization and may suspend, refuse or decline to initiate services where it finds the legal or documentary support to be insufficient.
Where the service involves financial or patrimonial data, biometrics or inquiries to Mexican credit bureaus (SIC), the Client shall comply with the consent or authorization standard legally required for such data, including express written consent where mandated.
Information sources
ReferenceCheck MX may base its processes on:
- information provided by the Client;
- information provided by the Data Subject;
- personal, employment, commercial or academic references;
- documents submitted for validation;
- databases, registries or public or legally accessible sources; and
- authorized third parties or tools used to validate information.
The Client accepts that the outcome of a verification depends on the availability, responsiveness and quality of such sources.
Permitted use of the service and reports
The Client undertakes to use the Site, the services and the reports in a lawful, ethical and proportionate manner.
The following is prohibited:
- a) using information for unlawful discrimination;
- b) impersonating identity or providing false data;
- c) requesting services without sufficient authorization or legal basis;
- d) reselling, assigning or commercially exploiting reports without written authorization from ReferenceCheck MX;
- e) altering, decontextualizing or partially presenting results in a misleading way;
- f) compromising the security of the Site or enabled channels;
- g) using the platform or reports for unlawful, fraudulent, harassment or privacy-invasive purposes; or
- h) making solely automated decisions about individuals on the basis of the reports where regulation or the nature of the matter advises against it.
Special restrictions in employment and third-party matters
Where the service relates to employment processes, the Client undertakes to use the information in a manner that is relevant, proportionate and directly connected to the nature of the role or service.
ReferenceCheck MX may reject requests involving the processing of criminal background records, excessive information, or data whose use could be objectively disproportionate or discriminatory.
For individual Data Subjects, ReferenceCheck MX does not provide credit-bureau (SIC) inquiry services for employment purposes, except where specifically enabled by law and duly documented.
Direct upload by the Data Subject and digital tools
In certain flows, the Data Subject may upload information, documents or evidence directly through digital tools enabled by ReferenceCheck MX.
In such cases:
- a) the Data Subject shall provide truthful and legible information;
- b) the Client shall remain responsible for the purpose of the service where it has initiated the request;
- c) ReferenceCheck MX may act as data controller with respect to intake, document validation, security and direct management of the digital flow; and
- d) the use of biometric or document validations shall require express and specific acceptance by the Data Subject within the corresponding flow.
Delivery of results
Unless otherwise agreed, reports are delivered to the Client who contracted the service.
The existence of a service or report does not imply that it must automatically be delivered to the Data Subject in full. Where a Data Subject exercises a right of access (ARCO right), the request will be handled in accordance with applicable Mexican law, the Privacy Notice, and the protection of third-party rights.
ReferenceCheck MX may produce redacted versions, extracts or partial responses where full disclosure could affect the rights of third parties, references, internal notes or confidential information not attributable solely to the Data Subject.
Engagement, pricing and payment
Prices, packages, scope, timelines and deliverables shall be those set out in the applicable quote, commercial proposal, service order, checkout or confirmation.
Unless otherwise agreed:
- prices are stated in Mexican pesos (MXN);
- prices do not include taxes, unless expressly stated;
- the service starts once payment, service order or eligibility validation is confirmed, as applicable; and
- charges for services already initiated, performed or that have incurred handling costs are non-refundable.
Delivery times
Delivery times are estimates and may vary due to:
- missing information or documents;
- lack of response from references or sources;
- errors in data provided by the Client or the Data Subject;
- additional validations;
- security or privacy incidents; or
- causes beyond the control of ReferenceCheck MX.
A reasonable delay due to causes not attributable to ReferenceCheck MX shall not constitute a breach.
Confidentiality
All commercial, operational and documentary information, as well as information contained in reports, is confidential, except for information that is public or must be disclosed by legal mandate.
The Client and ReferenceCheck MX undertake not to disclose confidential information to third parties, other than to their personnel, advisors or processors who need to know it to operate the service and are subject to confidentiality obligations.
Retention and data minimization
ReferenceCheck MX may retain minimum evidence, electronic records (mensajes de datos), acceptances, activity logs, orders, consents, receipts, summary results and documentation necessary for operational, audit, compliance, claim-defense and Data Subject request handling purposes.
ReferenceCheck MX will seek to minimize and purge source documents, biometric data, account statements, full-resolution identifications and excessive attachments once the purpose has been fulfilled and the applicable internal or legal retention periods have elapsed.
Limitation of liability
To the fullest extent permitted by applicable law, ReferenceCheck MX shall not be liable for:
- a) hiring, rejection, retention, leasing, credit, partnership or business decisions made by the Client;
- b) acts or omissions of the Data Subject, candidate, employee, client, supplier or evaluated third party;
- c) false, incomplete, outdated or unverifiable information provided by third parties;
- d) indirect or consequential damages, lost profits, loss of opportunity, reputational harm or third-party claims arising from the Client's use of the reports; or
- e) reasonable Site interruptions, maintenance, internet failures or failures of third-party systems.
Disclaimer of warranties
The Site and services are provided on a reasonable-availability basis. ReferenceCheck MX does not warrant uninterrupted availability of the Site or the complete absence of errors.
Intellectual property
All distinctive signs, trademarks, trade names, designs, methodologies, formats, content, software, databases, texts and elements of the Site are the property of ReferenceCheck MX or of their rightful owners.
The Client acquires no intellectual property rights by virtue of its use of the Site or the contracting of the services.
Retention of electronic records
The parties acknowledge that communications, acceptances, orders, forms, confirmations and electronic records relating to the contracting of services may be retained as electronic records (mensajes de datos) and shall have evidentiary value in accordance with the Mexican Commercial Code and other applicable Mexican law on electronic transactions.
Cancellations and refunds
Cancellations must be requested in writing.
No full or partial refund shall apply where:
- the service has already started;
- inquiries, calls, validations or other handling costs have been incurred;
- the Client has provided incorrect or insufficient data;
- the matter has been halted due to lack of cooperation by the Client or the Data Subject; or
- the inability to complete the service is due to causes beyond the control of ReferenceCheck MX.
If a service cannot be performed due to causes exclusively attributable to ReferenceCheck MX, rescheduling, credit balance or a refund may be offered, as applicable.
Suspension or termination of service
ReferenceCheck MX may suspend, restrict, terminate or refuse any request or service where:
- there are indications of unlawful use;
- consent, authorization or sufficient legal support is lacking;
- a privacy, fraud or security risk is identified;
- the request contravenes these Terms and Conditions or applicable law; or
- the Client breaches essential obligations regarding information, payment, cooperation or lawful conduct.
Third-party links
The Site may contain links to third-party websites. ReferenceCheck MX does not control and is not responsible for their content, policies or practices.
Amendments
ReferenceCheck MX may amend these Terms and Conditions at any time.
Amendments take effect upon publication on the Site, unless a different date is specified. Prior versions may also be retained for traceability of earlier engagements.
Governing law and jurisdiction
These Terms and Conditions are governed by the applicable laws of the United Mexican States (Mexico).
For the interpretation and performance of these Terms, the parties submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.
Contact
For any question regarding these Terms and Conditions:
Mexican Tax ID (RFC): RCM171018EP3
General inquiries: info@referencecheck.mx
Privacy: privacidad@referencecheck.mx
ARCO (data subject rights): arco@referencecheck.mx
Phone: +52 55 4000 1361
Contact address:
Calz. Mariano Escobedo 476, Floor 12, Interior 1200,
Col. Anzures, Miguel Hidalgo Borough, Mexico City, Zip Code 11590
Archived documents (Servicios Nunvaz)
For engagements and processing initiated prior to the corporate name change, the following archived version remains applicable:
Privacy Notice: no separate English version exists. The Privacy Notice is published only in Spanish. The current version is available at /legal/aviso-de-privacidad; the archived Servicios Nunvaz version at /legal/versiones-anteriores/aviso-servicios-nunvaz (Spanish only).
See the full legal archive for all prior versions.