Privacy notice

Last updated: October 2026

Courtesy translation

This is a courtesy English translation. The legally binding version of this document is the Spanish one; if there is any discrepancy, the Spanish text prevails.

1. Who is responsible for your data

Hector Samuel Peña Guzman, with contact address in Monterrey, Nuevo León, México, hereinafter «Atendalia», is responsible for the processing of your personal data under this notice and under Mexico's Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP).

You can contact us about any privacy matter at samuelpch09@protonmail.com or on WhatsApp at +52 81 8709 0209.

2. Two kinds of data, two roles

About you, the business owner (our direct customer): Atendalia is the controller of your data and this notice applies to you in full.

About people who call or message your business (your customers): the controller of that data is your business, not Atendalia. We only process it on your instruction, as a processor, to respond and manage appointments. You are the one who must inform those people about the processing of their data; if the business enables that greeting, the assistant identifies itself as virtual at the start of a call. If asked directly, it states that it is a virtual assistant.

3. What data we collect

From the business owner: name, email, phone/WhatsApp, business name and line of business, time zone, and the data you choose to add about your business (services, hours, branches). For billing, your Mercado Pago subscription identifier (never your card details).

From people who call or message your business: name, phone number, messages or reason for contacting you, appointment details and, where applicable, the call transcript and summary. Audio from current calls is not stored.

In healthcare and other fields, a person may disclose sensitive information, including when explaining an appointment request. The business must configure the assistant to ask only for what is necessary, inform its customers and obtain any enhanced consent required before processing that data.

4. What we use it for (purposes)

Primary (necessary for the service): operating the phone assistant and, when connected, the WhatsApp channel, checking your availability and creating, rescheduling or canceling appointments in your calendar; supporting you; processing your subscription billing; and notifying you of events on your account.

We do not use your customers' conversations for automated marketing campaigns. If we offer a secondary purpose later, we will describe it separately and provide the applicable objection or consent mechanism.

5. Calls are not recorded

The calls the assistant handles are not recorded and their audio is not stored: they are transcribed to text as they happen — the voice passes through our telephony and AI providers for that — and a summary is generated from that transcript, in order to create the appointment and for service quality. What is kept is the text, not the voice. As the business owner, you are the controller of that data toward the people who call you; Atendalia only stores and processes it on your behalf.

Calls handled before July 25, 2026 were recorded. That audio can only be played by the business owner from their dashboard, already authenticated, and it automatically stops being available once that business's retention period expires (30, 90 or 180 days; 90 by default).

Call transcripts and summaries are kept for as long as each business chooses (30, 90 or 180 days; 90 by default) and after that they automatically stop being available.

6. Who we share it with (processors and transfers)

We do not sell your data. To operate, we rely on providers that act as processors and handle the data only on our instruction:

  • Vapi and its telephony and AI providers — to handle and transcribe the calls.
  • Meta/WhatsApp and the configured AI provider — for WhatsApp messages when you connect that channel.
  • Google — to read your availability and create the events in your calendar.
  • Mercado Pago — to process your subscription billing.
  • Vercel and Neon — to host the application and the database.
  • Resend — to send you emails about your account.

Some providers process data outside Mexico. We distinguish processor disclosures needed to deliver the service from transfers to third parties that require specific notice or consent under applicable law. This notice does not replace the notice each business must give to its own customers.

7. What data we use from your Google account

When you connect your Google Calendar you authorize only: seeing your availability and the list of your calendars, and creating, modifying or deleting appointment events. We do not read your email, your contacts or any other data from your account. You can disconnect your calendar from your dashboard — doing so revokes the permission and new appointments stop being copied, without losing any appointment or deleting what was already copied — or revoke access at any time from your Google account permissions.

8. How we protect your data

The access credentials for your calendar are stored encrypted (AES-256-GCM) and never in plain text. We do not copy or sync your calendar to our servers: each query is made live. The data the assistant collects for an appointment is stored inside the event in your own calendar. We apply reasonable administrative, technical and physical measures to protect the information against loss, misuse or unauthorized access.

If a security breach were to occur that significantly affects your financial or moral rights, we will tell you without delay by email as soon as we confirm it, so you can take action. The notice will say what happened, which data was involved, what we recommend you do and what we are doing about it. We keep a written internal procedure for these cases.

8 bis. Healthcare clinics, NOM-004-SSA3-2012 (Medical Records) and sensitive health data (LFPDPPP)

When our service is utilized by medical practices, dental clinics, or healthcare providers in Mexico:

  • Technical Processor Role: In compliance with Mexico's LFPDPPP and Official Standard NOM-004-SSA3-2012 (“Clinical Medical Records”), the healthcare provider remains the primary legal Health Controller of patient clinical data. Atendalia acts strictly as a Technical Data Processor for automated reception and appointment scheduling.
  • Zero Medical Diagnostics: The AI phone assistant never delivers medical diagnoses, clinical advice, or prescriptions. Its scope is exclusively administrative: verifying calendar availability, scheduling appointments, and sharing clinic hours.
  • Data Minimization: The assistant does not collect medical histories on calls. It only gathers the patient's name, callback number, and brief appointment reason so the healthcare practitioner can prepare.
  • Emergency Protocol: If a caller reports critical or life-threatening symptoms, the assistant prioritizes live human transfer or instructs the caller to immediately dial 911 emergency services.
  • Confidentiality & Encryption: All communications utilize encryption in transit (TLS 1.3) and at rest (AES-256-GCM), observing medical secrecy standards under NOM-004-SSA3-2012 and HIPAA alignment.

9. Payment data

Your subscription payments are processed by Mercado Pago within its own platform. We never see, receive or store your card number, its expiration date or its security code. For each charge we keep only the identifier Mercado Pago returns to us, the amount and the date, to show you your history. Mercado Pago's processing of your data is governed by its own privacy notice.

10. Your rights (ARCO)

You have the right to Access your data, Rectify it if it is inaccurate, Cancel it when you consider it is no longer needed, and Object to its use for specific purposes. You may also limit the use or disclosure of your data.

To exercise any of these rights, write to us at samuelpch09@protonmail.com, stating your name, the right you wish to exercise and the data involved. We'll respond within a maximum of 20 business days and, if your request is granted, we'll make it effective within the following 15 business days.

Hector Samuel Peña Guzman handles personal data requests and safeguards your data. You can contact him at that same email address.

11. How to revoke your consent

You can revoke the consent you gave us to process your data at any time, by writing to the same email. In some cases revocation may mean we can no longer provide you the service. You can also revoke access to your calendar from your Google account, and cancel the subscription from your dashboard or from Mercado Pago.

12. Cookies

We use only essential cookies to keep your session and to remember your theme and language preferences. We do not use advertising or tracking cookies. The details are in our cookie policy.

13. Changes to this notice

We may update this notice; we'll publish the current version here with its date, and we'll notify you of important changes by email.

14. Contact

For any question, ARCO request or data deletion, write to us at samuelpch09@protonmail.com or on WhatsApp at +52 81 8709 0209.

Shared customer memory and recovery permissions

Within one business, calls and WhatsApp may use a shared administrative profile linked by the complete international phone number. Names alone do not merge profiles. Shared or conflicting identities require confirmation; phone possession is not authority to disclose sensitive records. General memory stores only limited administrative facts with their source and a 180-day expiry; expired facts are withheld immediately and purged during synchronization. Clinical appointment details and complete transcripts are not copied into this memory.

The business owner can inspect and delete memory facts, disable a customer's memory, record channel-specific recovery permission with evidence, and suppress future recovery. Memory deletion does not automatically delete original appointments, conversations or required billing records, which follow their own retention and rights-request procedures. A minimal suppression record remains to prevent further outreach. Consult the contact and rights-request sections of this notice for deletion or correction of source records.

Recovery records include settings, approvals, contact states and billable units; audit events omit message contents. The business determines its customer-contact purpose and must provide applicable notices and permissions; Atendalia processes the configured service and remains responsible for its own applicable obligations. AI, voice and messaging providers receive the minimum context needed for the enabled service, subject to the provider and transfer provisions in this notice.