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PRIVACY NOTICE

In order to comply with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, its Regulations and applicable Guidelines (the "Law"), Shop Ellaz, S.A.P.I. de C.V., its affiliates and/or subsidiaries and/or related parties ("ELLAZ"), with address at Avenida los Ángeles No. 306 Pte. colonia Del Norte, Monterrey, Nuevo León 64500; email address: www.ellaz.com (the "Site"), and with contact email contact@ellaz.mx (the "Email"), provides the following:

PRIVACY NOTICE

In order to provide legitimate, controlled and informed processing of your personal data, which you currently provide or will provide in the future and which are in our databases, or which have been collected by cookies, or any other web tracking technology, as well as to guarantee your privacy and your right to informational self-determination when providing us with such data, ELLAZ is responsible for the use and protection of your personal data which will be processed based on the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility provided in the Law.

USE OF INFORMATION

The information that you provide us through accessing, registering and creating a User profile on the Site, and/or email, and/or filling out physical or electronic forms or surveys, in real-time or historically, will be processed and organized to generate data indicators, which ELLAZ may use to make relevant business decisions. All collected information will be used for statistical purposes, generically and impersonally, and will be associated with the growth, maintenance, and administration of ELLAZ, always respecting your privacy. These uses include our internal operations and administration, communication with you, and the fulfillment of service and/or product requests provided by ELLAZ, as well as to improve, develop, refine, and provide ELLAZ services, through its related parties, affiliates, or authorized suppliers and/or commercial partners, establishing appropriate measures to limit the use of the information collected from you, solely for legal and authorized purposes in accordance with this Notice, as well as with due confidentiality and security measures.

ELLAZ may also collect your IP (Internet Protocol) address to help diagnose problems with the ELLAZ server and to administer the Site. An IP address is a number assigned to your computer when you use the Internet. Your IP address is also used to help identify you within a particular session and to collect general demographic information. ELLAZ may use "push" technology through the application that ELLAZ uses to send notifications with the User's prior authorization. This means of communication does not have any access to other functions or information of the device with which it connects to the Site. The information may include the URL from which they come (whether or not they are on the Site), which URL they subsequently access (whether or not they are on the Site), which browser they are using, as well as the pages visited, searches performed, publications, commercial preferences, messages, etc.

USE OF COOKIES

ELLAZ informs you that, through the use of cookies and similar technologies, it seeks to guarantee the best possible experience on the Site, by providing you with personalized information, remembering your service and marketing preferences and helping you obtain the appropriate information. Should you require further information regarding the use of cookies and similar technologies, ELLAZ provides you with its Cookie Usage Policy.

1. PERSONAL DATA REQUESTED 

ELLAZ, and/or its controlling companies and/or affiliates and/or subsidiaries and/or related parties (the "Related Third Parties"), requests and obtains general personal data, as well as personal data considered sensitive by the Law (hereinafter "General Personal Data" and "Sensitive Personal Data", respectively; and collectively referred to as "Personal Data") from the persons described below.

Sensitive Personal Data may be requested by electronic or physical means, with the understanding that all information provided physically will be considered and treated as if it had been provided and authorized on the Site, and therefore will be governed by this document. 

In all cases, the collection of Personal Data by ELLAZ is carried out in good faith and for the purposes set forth herein; for this reason, it is presumed that the data provided by its holders are truthful and complete, and therefore, their accuracy is the responsibility of the holder who provides them.

SITE USERS. The Personal Data that will be collected from people who access the Site are necessary to document the commercial relationship that exists or may exist with each of them, as well as to provide the products and services offered through the Site. The Personal Data that you will voluntarily and freely provide to YS consists of personal information that is included or may be included in contracts, letters, forms, lists, databases, or other physical and/or electronic means, as appropriate, so that YS can document the relationship between the parties, the commercialization process provided on the Site and the services derived from it, in order to keep an adequate record of the commercial relationship with its Users, as well as comply with internal policies, procedures and other legal obligations applicable to the company. 

 The Personal Data that will be requested from you are the following: 

  • full name;

  • home and/or mobile phone number; 

  • address;

  • email; 

  • Federal Taxpayer Registry (RFC) in case of requesting an invoice; 

  • data corresponding to the payment method for products purchased through the Site, such as: 

    • cardholder name;

    • bank card number; 

    • card expiration date;

    • CVC security code 

    • billing address;

  • any other data or information related to the commercial relationship that exists or may exist between ELLAZ and you as a Site User.

ELLAZ PROVIDERS. The Personal Data that will be collected from ELLAZ providers are necessary to document the legal relationship that exists with each of them. The Personal Data that you will voluntarily and freely provide to ELLAZ consists of personal information that is included or may be included in the ELLAZ database, as appropriate, so that ELLAZ can keep an adequate record of the relationship with its providers, comply with internal policies, procedures, and other legal obligations applicable to the relationship.

For natural persons who present themselves as administrators, agents, or executives designated by the ELLAZ provider, or with whom a contractual relationship exists or is sought for the provision of services offered through the Site, the General Personal Data that will be requested are the following: full name, corporate email, corporate phone number, name of the Company or Institution for which they work, the State and Country where it is located, and the position they hold within it.

The Personal Data that will be requested from providers as legal entities are:

  1. as representatives, attorneys, or administrators of the Company related to ELLAZ are the following: full name, corporate phone and/or mobile number, corporate email; and 

  2. as legal entities or commercial companies are: corporate name, trade name, registered office, corporate nationality, company incorporation data and all changes or reforms made to it, data from the deed stating the granting of powers to legal representatives or attorneys, basic financial information, and all those deemed necessary for the consolidation of the commercial relationship. 

All Personal Data is processed by ELLAZ and placed in a repository for the use, management, and administration of your account as a User and for ELLAZ's administration, commercial operation, and promotion and marketing activities. AS THE SITE IS A DATA PROCESSING TOOL MADE AVAILABLE TO THE USER, WHICH ALLOWS MONITORING AND CENTRALIZING THE INFORMATION OF USERS WHO INTERACT DIRECTLY ON IT, ELLAZ HAS NO INTERFERENCE OVER THE VERACITY AND ACCURACY OF THESE, THEREFORE IN CASE OF OMISSIONS, INACCURACIES, ERRORS OR FALSEHOODS, THE USER RELEASES ELLAZ FROM ANY LIABILITY REGARDING ANY DAMAGE OR HARM THAT SUCH ACTS MAY DIRECTLY OR INDIRECTLY CAUSE.   

2. PURPOSES OF PERSONAL DATA PROCESSING.

SITE USERS. Purposes that are necessary for the existence, maintenance, and fulfillment of your commercial relationship with ELLAZ, including but not limited to: (i) complying with obligations arising from the commercial relationship with you; (ii) carrying out proper administration of Product Requests and Orders placed on the Site; (iii) recording the commercial activity history carried out by each User, whether it is the preference, acquisition, or comments on Products commercialized through the Site; (iv) recording monetary transactions carried out through the Site, such as the preference of the payment engine used, order amounts, refunds, and others; (v) filling out forms and/or surveys provided on the Site and your reflected preferences; (vi) ensuring compliance with confidentiality obligations and other commercial obligations; and (vii) verifying commercial references.

PROVIDERS. Purposes that are necessary for the existence, maintenance, and fulfillment of your legal relationship with ELLAZ: (i) registering or providing the necessary information as an authorized ELLAZ provider; (ii) verifying the veracity of the information provided; (iii) maintaining the security of our facilities; (iv) knowing the services they can provide; (v) the nature and functionalities of the products they supply; and (vi) everything arising from the present or future commercial relationship that may solidify between the Provider and ELLAZ.

Once the purposes of processing your Personal Data have been fulfilled, and when there is no legal provision to the contrary, ELLAZ will proceed to the cancellation, elimination, and/or destruction of the received Personal Data, under the terms established by the Law. 

The processing that the payment engines provided by ELLAZ give to Users' Personal Data will be subject to the terms and conditions of their Privacy Notice as well as those contained on the website of said payment engines.

3. TRANSFER

TRANSFER OF PERSONAL DATA AND INFORMATION. The Personal Data referred to in this Notice may be transferred to: (i) related third parties, business partners and/or suppliers, in order to enhance ELLAZ's value proposition, as well as to offer you, based on your needs, other products and services; (ii) Mexican and foreign judicial authorities, in order to comply with the Law, legislation, notifications, requirements or judicial orders; (iii) internet service providers on which ELLAZ's technological infrastructure is mounted; and/or (iv) technical support service providers for the Site in case of technical support services requested by the Client. If any transfer of your Personal Data is made, for which your express consent is required, we will inform you in order to obtain it.

In all cases, ELLAZ will communicate this Privacy Notice to these third parties and will ensure, through the signing of agreements and/or the adoption of other binding documents, that these third parties maintain the necessary administrative, technical, and physical security measures to safeguard your Personal Data, and that these third parties only use your Personal Data for the purposes for which they were collected. Likewise, both the Client as responsible for collecting Personal Data and ELLAZ which facilitates the collection and processing of the same through the Site, as well as any other person related to ELLAZ who has access to the information contained in this Privacy Notice, will be obliged to safeguard it under the same security and confidentiality standards, and not to disclose or misuse it, or otherwise they will be liable in accordance with applicable laws. 

Notwithstanding the foregoing, ELLAZ will not transfer your Personal Data to third parties unrelated to ELLAZ, except in the cases mentioned above and those provided by law, without your prior consent.

4. MEANS AND PROCEDURES FOR EXERCISING ARCO RIGHTS 

You, as the owner of the Personal Data provided to ELLAZ, may at any time request the exercise of your rights of access, rectification, cancellation or opposition (the "ARCO Rights") to the processing of your Personal Data, consisting of: (i) accessing your Personal Data and details of its processing; (ii) rectifying your Personal Data if it is inaccurate or incomplete; (iii) canceling your Personal Data when you consider that it is not required for any of the purposes indicated in this Privacy Notice, is being used for unconsented purposes or your contractual or service relationship or other relationship with ELLAZ has ended; and (iv) opposing the processing of your Personal Data for specific purposes.

To that end, you must follow the process of submitting your request in writing to ELLAZ, or sending your request to the Email, as applicable, which must contain, at a minimum, the following information: (a) your full name and address, or other suitable means to communicate the response to your request; (b) the documents that prove your identity or, where applicable, that of your legal representative; (c) a clear and precise description of the Personal Data regarding which you seek to exercise one of the aforementioned rights; and (d) any other element or information that facilitates the location of the Personal Data, as well as any other document required by current regulations at the time of submitting the request. You may also request more information about the procedure for exercising your ARCO Rights by contacting the Email. 

The response to your request will be communicated by ELLAZ within the terms and deadlines established in the Law. However, you may obtain more information about the status of your request and the response period by contacting ELLAZ or by sending your request to the Email, where they can also address any clarification or doubt you may have regarding the processing of your Personal Data and the exercise of your ARCO Rights.

5. REVOCATION OF CONSENT; LIMITATION OF USE AND DISCLOSURE OF PERSONAL DATA  

You may also revoke, at any time, the consent you have given ELLAZ for the processing of your Personal Data, as well as request that the use and disclosure thereof be limited, provided that a legal provision does not prevent it. To this end, you must submit your request in writing to ELLAZ, or send your request to the Email, as applicable. Said request must comply with the same requirements mentioned in Section 4. above. 

The response to your request will be made known to you by ELLAZ within the terms and deadlines established in the Law. However, you can obtain more information about the status of your request and the response period by contacting ELLAZ or by sending your request to the Email, where they can also address any clarification or doubt you may have regarding the processing and these rights that correspond to you regarding your Personal Data.

In the event that your Personal Data had been submitted prior to the date of revocation of consent, and continues to be processed by ELLAZ's processors, the latter will notify said processors of such revocation, so that they may proceed accordingly.

6. CHANGES TO THE PRIVACY NOTICE

ELLAZ reserves the right to modify and/or update this Privacy Notice, in whole or in part, at its sole discretion, in which case it will communicate it here through its Site; and, as the particular case of each owner may be, through its internal networks, or by means of a notice that will be placed in the usual (physical or electronic) communication channels of ELLAZ and in a visible place at the Address, or by means of a written notice sent to your email, as legally required.

7. DIGITAL, ELECTRONIC OR ONLINE FORMAT

The Parties agree that the form for perfecting their agreement may be Digital, Electronic or Online, in which it will be sufficient to express their will through their acceptance, as well as to provide personal data, on the ELLAZ Website itself, without requiring a signature on any document.

Date of first issue: [ 28 Sept 2021]
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