Guatemala | Privacy Notice

1. Who We Are

UNHCR, The UN Refugee Agency, is an international organisation working to provide protection and durable solutions to stateless people, internally displaced and persons who are forced to flee from their country. UNHCR processes personal data pursuant to the UNHCR General Policy on Data Protection and Privacy (2022) and Policy on the Protection of Personal Data of Persons of Concern to UNHCR (2015).

The International Organization for Migration (IOM) is an intergovernmental organization in the field of migration, committed to the principle that humane and orderly migration benefits migrants and society. IOM is part of the United Nations system, as a related organization. IOM processes personal data pursuant to the IOM Data Protection Principles (2009) and the IOM Data Protection Manual (2015).

2. Why Must We Collect your Personal Data

UNHCR and IOM are jointly facilitating the referrals for appropriate pathways for individuals who may qualify for relocation to the United States of America (USA) and their relatives.

This includes processing your personal data to:

1. Establish a unique and reliable identity and contact you
   1. Full name
   2. Phone number
   3. Personal email
   4. Photograph

2. Verify your eligibility for the lawful pathways to the USA
1. Current location
2. Nationality and supporting documentation (if available)

3. Manage and prioritize your case, identify the appropriate solution for you or complementary protection services
   1. Legal status in current location
   2. Any specific protection needs and/or vulnerabilities (e.g. pregnancy, disabilities, medical conditions, etc.
   3. Information about your family members in the USA
   4. Intention to travel to the USA for temporary employment
   5. Full name of sponsor, relationship, identity documents, primary phone number, and residential location in USA

4. Schedule an appointment with UNHCR or IOM
   1. Your location within Guatemala

UNHCR and IOM will not be able to provide you with the assistance you seek without the requested personal data. If you provide inaccurate information, it may affect your eligibility and the outcome of your case.

UNHCR relies on the legal basis of its mandate to process your personal data. UNHCR’s mandate was established by the United Nations General Assembly.

IOM relies on its mandate to process your personal data. IOM ‘s legal basis for the process of your personal data is consent in line with IOM Data Protection Principles.

3. Who Will Have Access to your Personal Data

This information will be kept confidential and only used by qualified personnel of UNHCR, IOM and/or authorized third parties (see list below at Section 6) to perform their duties. Our call centre personnel may have access to the status of your case but not its details.

Only if your case is moving ahead and an appropriate pathway is identified by UNHCR or IOM will your personal data be shared with the US Government authorities. You will be additionally notified before this sharing takes place.

We will always inform you if we need to share your personal information with other entities, and explain to you the purposes and conditions of such data sharing.

UNHCR uses Microsoft to host the Portal and related UNHCR systems and to provide technical support and maintenance services under UNHCR instructions.

Except for citizens of Guatemala, as detailed below, UNHCR or IOM will not share your personal data with the authorities of the government in your home country.

In the case of citizens of Guatemala currently residing in Guatemala, a limited amount of personal data may be shared with the Government of Guatemala should you be found eligible for one of the lawful pathways to enter the USA and agree to continue participation in the SMI.  Further information will be provided to you at the time of your eligibility interview.  You will be allowed to discontinue your participation in the program at any time.  Should you decide not to participate in the program, no personal information will be provided to the Guatemalan authorities.

4. How Long We Keep your Personal Data

Your personal data is kept in the Safe Mobility Portal for as long as we are processing your case, and for 24 months thereafter. Once processing of your case has begun, your personal data may be transferred to one or more secure databases managed by UNHCR, IOM, and/or authorized third party provider.  However, access to your personal data will remain strictly controlled.  Once your personal data has been transferred outside of the Safe Mobility Portal by UNHCR, IOM and/or an authorized third party to another secure location, the data retention periods may vary.  Please consult with the relevant party for further details.  Contact details can be found under the Enquires section of the following site:  Data Protection Information.

5. Your Rights

You can access your personal data by logging on to your profile.

Once you submitted your personal data, you cannot edit it yourself. Any correction would need to be done by reaching out to UNHCR and IOM and their partners. You can also request us to delete some of your data if you believe it to be excessive. Note that requests for correction and deletion will be subject to verification.

You have the right to object how we process your personal data in certain circumstances, for example if you believe it may endanger you. Such requests will be evaluated on a case-by-case basis by UNHCR and/or IOM, as appropriate.

Note that closing your profile or deleting mandatory data from it will lead to your withdrawal from the process.

You can exercise these rights by reaching out to [email protected].

If you have a complaint regarding how we process your personal data, you may lodge a complaint directly with IOM at  [email protected] and/or the IOM Inspector General’s Office at [email protected].  Alternatively, you may lodge a complaint directly with UNHCR through its website at Inspector General’s Office or by email at [email protected].

6. Authorized Third Parties (Access only when Strictly Necessary)

UNHCR

• United States Citizenship and Immigration Service (USCIS)
• IOM Resettlement Support Centre (RSC)
• Procuraduría de la Nación
• El Refugio de la Niñez
• Asociación La Alianza
• Asociación LAMBDA
• Tierra Nuevo
• Oficina de Derechos Humanos del Arzobispado de Guatemala (ODHAG)

IOM

• Office of the United Nations High Commissioner for Refugees (UNHCR)
• Ministerio de Trabajo
• United States Citizenship and Immigration Service (USCIS)
• Bureau for Populations, Refugees and Migration (PRM)
• Relevant civil society organizations (with specific consent of applicants)

 Publication date: 5 August 2024