Privacy notice and data confidentiality of Mercado Libre

Last updated:  July 13, 2020.  

 

At Mercado Libre, we conceive the protection of personal data as an opportunity to create value for users. By making responsible use of personal data, we not only protect the privacy of those who entrusted their data to us, but also allow them to operate safely and confidently in our ecosystem.

Therefore, your privacy is very important to us and we strive to protect it.

In order to be able to provide you with its services, Mercado Libre processes, collects and in some cases discloses information about people who, like you, are users and visitors of the websites and/or mobile apps listed here (the "Platforms" and the "Services", respectively). This Privacy Notice and Data Confidentiality of Mercado Libre (the "Privacy Notice") specifies what data Mercado Libre collects from you, how this data is processed and what Mercado Libre can do with this data.

This Privacy Notice is an integral part of the General Terms and Conditions of Mercado Libre. Giving your express, voluntary informed consent to this Privacy Notice is an essential requirement for you to be able to contract and/or enter into any type of relationship with Mercado Libre, depending on the applicable legislation in each country.

 

1. How is Mercado Libre integrated and how does this Privacy Notice apply?

Mercado Libre's goal is to democratize commerce, money, payments, shipping, and credit. In order to do so, it has generated an ecosystem of integrated services through its platforms: Mercado Libre (Marketplace), Mercado Pago (Payments), Classified Ads, Advertising, Mercado Envíos (Shipping), Mercado Créditos (Credits), Mercado Shops, and Mercado Puntos (Points). All these platforms make up a whole and their interfunctionality is both necessary and indispensable for the provision of the services that Mercado Libre provides you with.

For this reason, it is important that you bear in mind that when you register on any of these platforms, you are generating a user that will enable you to operate on all the others. For this to happen, we need your data to be shared with every Mercado Libre company that comprises the platforms. In section 5. "How do we share Personal Data?" you can find more information regarding the latter.

This Privacy Notice applies to all services and data processing operations of Mercado Libre, whether it is MercadoLibre Inc, its subsidiaries or affiliates.

We should point out that the services provided by Mercado Libre and each of its platforms are intended for users located in those countries where Mercado Libre has presence or business operations, for example, through a specific Website for a certain country.

 

2. Who is the controller of Personal Data?

The controller makes the data processing decisions. The controller determines which purposes and uses will be given to personal data and which means will be used for the processing of this data (for more information, visit section 4: "What will Personal Data be used for?").

Mercado Libre is the controller of the data collected from users and visitors to its Platforms through its subsidiaries or affiliates. To find out which company(ies) is/are the controller/s in your country of residence, please consult the Annex corresponding to that country.

 

3. What kind of data do we collect and process?

Mercado Libre collects your personal data so that you can enjoy our services and be able to improve them continuously. 

In some cases, you provide this data yourself, by registering or by providing information when you use any of our services. In other cases, we collect them automatically, like when you browse our pages and use our services. We may also collect data about you from other reliable sources. 

We want you to know that you do not have the obligation to provide us with the personal data shown below. However, it is an essential requirement for you to be able to contract and/or have any type of relationship with Mercado Libre and, if you do not provide us with this information, we will be unable to provide you with our services or our ability to do so may be significantly impeded. Providing inaccurate or false personal data may result in the suspension of the Services we provide you with. Likewise, Mercado Libre may have to suspend or permanently disable those users who violate this Privacy Notice.

These are the types of data we collect:

  • Data you provide directly when registering or using our services:

    • Nickname or pseudonym to operate on MercadoLibre platforms.  

    • Name, personal image (personal photo or identity card photo). 

    • Identity card number or valid identification. 

    • Contact information (such as phone number, address, email address).

    • Bank account details.

    • Information and means of payment.

    • Information on intellectual property rights, ownership of members of the Brand Protection Program (BPP) and information on their activity as claimants. 

  • Information that we collect automatically, whether you are registered or not:

    • Information from the devices or computers you use to access the Mercado Libre platform and other automatically captured data (such as the type or version of the browser you are using, the operating system, settings and parameters). 

    • IP address that you use when connecting to our services or when browsing our websites.

    • Transactional information and movements within Mercado Libre platforms (purchases, payments, returns, questions, withdrawals, transfers, pre-paid card movements, credits taken, money advances, claims, billing, tax data, password or access code to your digital account (CVU, CLABE, etc.), bank accounts, internal messaging). 

    • Certain information about users' and visitors' activity within our website and apps. Such information may include the URL they are coming from (whether they are on our website or not), which URLs they access next (whether they are on our website or not). Also the web pages visited, interactions with said pages, searches carried out, postings, purchases or sales, ratings and replies entered, claims made and received, messages in forums, among others, may be stored and retained.

    • Information about your location (geolocation), which can be used to offer you discounts, product recalls, locate shops with QR-enabled payment service, among others.

    • Contact lists of mobile devices used by users, to provide different services, such as sending money between accounts.

    • Links between accounts and users, due to fraud prevention actions.

    • Data for claims and trials management (data for the preparation of documents, background information and strategies).

    • If you did not register or access through your Personal Account, Mercado Libre will only collect and store, in addition to the information indicated so far, your cell phone numbers, your email address and emails sent.

  • Information that we collect from other sources:

    • Data collected for fraud prevention purposes and compliance with information regimes (PEP and OFAC lists, etc.).

    • Credit data that we obtain from credit risk bases and/or public databases, in accordance with the applicable legislation.

    • Data that is used for identity validation, obtained from safe and reliable sources, such as public bodies, service providers or business partners we work with.

4. What do we do with Personal Data?

The collection and processing of your Personal Data allows us to provide you with an excellent service so that you can carry out operations quickly and safely and offer you functionalities that best adapt to your needs. Except in those cases where the applicable regulations prohibit it, Mercado Libre may use your Personal Data for the following purposes: 

  1. Provide the products, services and/or benefits offered by Mercado Libre platforms (Marketplace, Mercado Pago, Mercado Crédito, Mercado Envíos, Mercado Libre Clasificados, Mercado Libre Publicidad, etc). 

    • Identify and contact you.

    • Register you in our systems.

    • Verify your identity in compliance with legal requirements. 

    • Provide you with the products, services and/or benefits that you request or contract with us.

    • Enable you to contact the seller or buyer directly for the purposes of the transaction you wish to carry out. 

    • Prepare and keep a record of the operations you carry out, inform you about them and follow up on them accordingly. 

    • Put our electronic commerce platform and our online payment system known as Mercado Pago at your disposal.  

    • Manage the services and products provided by Mercado Pago, including the payment processing service and the digital account. 

    • Give you the support of investment solutions for money in your account.

    • Address your comments, complaints and suggestions, as well as provide you with support.

    • Prepare profiles for credit analysis purposes.

    • Offer and manage the credit products that you request or contract with us.

    • Judicial and/or extra-judicial debt collection.  

    • Facilitate the shipment of products advertised on websites, applications and other electronic commerce platforms operated by Mercado Libre, or those that use its technologies. 

    • Offer you services and functionalities that best suit your needs, and customize our services to make your experience with Mercado Libre as comfortable as possible.

    • Allow you to participate in contests, auctions or raffles, if they are carried out and they are applicable to you, as well as notify you if you are the winner, always in compliance with the regulations applicable to raffles and competitions.

    • Contribute to the security of relationships, communications and transactions between users of our platform.

    • Develop a user reputation system, for the benefit of consumers.

  1. Improve our services, develop new ones and offer you a better experience with Mercado Libre platforms.

    • Develop internal studies on your interests and behaviors, to offer you better services and products, as well as carry out statistical studies. 

    • Prepare profiles by analyzing various variables, such as behavior or interactions within the platform, analysis and prediction of economic capacity, preferences, interests, transaction history, behavior and location, among others, to improve our commercial and promotional initiatives, show advertising or promotions, banners of interest, news about Mercado Libre platforms, perfect our offer of contents and articles, personalize said contents, presentation and services.

    • Offer you services and functionalities that best suit your needs, and customize our services to make your experience with Mercado Libre as comfortable as possible. 

    • Improve our commercial and promotional initiatives and analyze the visited pages, the searches carried out by users, to improve our offer of contents and articles, personalize said contents, their presentation and services.

    • Train independent consultants to improve their service proposal to users of Mercado Libre. 

    • Provide you with information through different channels (by email, short text messages or SMS, push messages, phone calls or any other) about improvements, new functions or services provided by the platform. 

    • Foster your fidelity through a benefits program. 

    • Allow third parties, by making use of public APIs, to build applications that use contents from the platform and interact with it to facilitate, improve and/or enhance its use and functionalities and the services generally provided by Mercado Libre. 

  1. Comply with legal obligations and requirements from competent authorities.

    • Comply with the regulations that are applicable to Mercado Libre in general. 

    • Compliance with regulations on Prevention of Money Laundering and Terrorist Financing (KYC Actions), identity verification against Politically Exposed Persons (PEP), profile and transactional history verification in compliance with the applicable regulation on the prevention of money laundering, verification against OFAC lists and others), as applicable in each country. 

    • Compliance with information regimes in general, as applicable in each country. 

    • Compliance with tax regimes of collection, registration, information, auditing and billing, at any level of government (e.g. federal, state and municipal level).

    • Compliance with information requirements of competent administrative or judicial authorities.

    • Provide user information to government entities with collaboration agreements for the fulfillment of their powers.

  1. Detect and prevent fraud, abuse and related crimes to protect the safety of our users and the sustainability of the platforms.

    • Make the platforms grow in a sustainable and secure way by using tools and actions against the commission of fraud and related crimes. 

    • Train the automated fraud detection and prevention algorithm model.

  1. Protect the rights of users, third parties or Mercado Libre.

    • Defend the rights, tangible and intangible assets of Mercado Libre. 

    • Enforce the rights of Mercado Libre in case of breaches of its TYCs. 

    • Allow other users or third parties to assert their rights. 

  1. Collaborate with the owners of intellectual property in the exercise of their rights.

    • Collaborate with the protection of intellectual or industrial property rights, either its own or of third parties, trademark and patent infringement investigations, as well as counterfeiting.

    • Share with the members of the Brand Protection Program the personal information of those sellers reported through the program so that they can exercise their rights outside the platform.  

    • Facilitate the resolution of disputes between sellers and the members of the Brand Protection Program who reported them.  

    • Collaborate with the entities that intervene in the resolution of disputes. 

    • Collaborate with private entities representing collective interests with a collaboration agreement to facilitate the resolution of disputes. 

  1. Make advertisements and advertising and promotional contacts.

    • Contact you through different channels (by email, short text messages (SMS), push messages, phone calls or other means) for advertising and/or promotional purposes of products and services of Mercado Libre and/or third parties.

    • Carry out all kinds of activities connected to marketing, advertising, commercial prospecting and/or marketing studies.

Some of the purposes described may not be applicable provided that: a) you do not use the service associated with said purposes, or b) the services linked to those purposes are not offered in your country of residence. 

The use of your data for any other purpose that is not compatible with those detailed above, will be communicated to you before we proceed to its processing.

Mercado Libre will keep your Personal Data for as long as necessary to fulfill the purposes for which it was collected. 

 

5. "How do we share Personal Data?"

Protecting your privacy is very important for Mercado Libre. For this reason, we do not sell or commercialize data that may identify our users. We neither share nor transfer your Personal Data to third parties in any other way, except as indicated below: 

Mercado Libre may assign, transmit and/or transfer your Personal Data to:  

(i) "Service Providers": Service providers or outsourcing companies are third parties that we contract to act on behalf of Mercado Libre to provide a service following our instructions and in accordance with the provisions of this Privacy Notice, to contribute to improve or facilitate operations through our platform, such as: (a) transport, logistics, parcel and courier companies, to deliver the products you purchased, (b) means of payment, intermediaries in the payment or insurance management, to obtain payment for the services or products contracted, as well as to provide you with protection with respect to the products purchased, (c) computer systems providers, cloud service providers, database providers, IT service providers in general, (d) call centers or customer service centers, (e) companies that manage fidelity or loyalty programs, to grant you benefits, (f) advertising or marketing companies, (g) data analysis, (h) collection agencies, (i) government entities or companies specialized in risk management, in order to verify your information. These Service Providers only access the data that is strictly necessary to provide with the agreed upon services and cannot use them for purposes other than those entrusted to them by Mercado Libre. 

(ii) "Commercial allies": Companies with financial or commercial activities with which Mercado Libre has a collaborative or an alliance relationship, in order to offer you promotions, products and services of said companies or co-branding. In these cases, Mercado Libre always ensures that confidentiality and security standards are met, by signing agreements or conventions whose purpose is the privacy of our users' personal data and compliance with the applicable legislation.

(iii) "Mercado Libre Group": Companies that belong to our corporate group, which operate under the same internal processes and policies, whether they are companies that are controlled, controlling or affiliated with Mercado Libre, to comply with our internal regulations, prevent fraud, manage risk and facilitate the management of the products and services of Mercado Libre.

(iv) "Counterparty to the transaction": Other users of Mercado Libre platforms, under the conditions provided, with the purpose to put you in contact with the seller or buyer for the sake of the transaction you wish to carry out. 

(v) "Public authorities": The administrative and judicial authorities that, in the exercise of their competence require data, even if there is no order or executive or judicial summon to that effect, with the purposes of: (a) collaborating in the investigation and reporting fraud, piracy, violations of intellectual or industrial property or any other illegal act, as well as any activity or circumstance that could generate legal responsibility to Mercado Libre and/or its users; (b) safeguarding a public interest, the procurement or administration of justice, the acknowledgement, exercise or defense of a right in a judicial or administrative process, and/or the resolution of disputes; and (c) complying with any applicable law, regulation or legal provision, or with a duly founded and motivated mandate from the competent authority.

(vi) "Members of the Brand Protection Program": Participants in the Brand Protection Program (Brand Protection Program, formerly the Intellectual Property Protection Program) of Mercado Libre, in order to defend the industrial property rights that are commercialized through Mercado Libre. Learn more about this Program at: https://global-selling.mercadolibre.com/brandprotection/enforcement

(vii) "Interveners in Disputes”: Authorities, amicable compounders, courts or entities that intervene in the resolution of disputes in order to resolve disputes that may arise between users or between these and any of the companies of Mercado Libre Corporate Group.  

(viii) "Developers": Within the framework and conditions of Mercado Libre Developers Program (https://developers.mercadolibre.com.ar/es_ar/terms-and-conditions).

(ix) "Users and/or visitors in general": Other users and/or visitors of our platform, with the aim of end user quality service, providing information so that they can make an informed purchase decision. The number of sales made by the seller will be published on the platform, as well as seller reputation, customer service, buyers reviews (the content of which is not the responsibility of Mercado Libre) and timely delivery of products. 

Likewise, Mercado Libre may disclose your Personal Information at its discretion to other users of the Websites and / or the Services, entities or third parties when there are sufficient reasons to consider that your activity is suspected of trying or committing a crime or trying to harm other people.

If Mercado Libre decides to share your Personal Data with third parties other than those mentioned, we will request your prior and express consent, as long as there is no authorization or legal obligation that allows it to be done without that consent.

Likewise, you give your express and informed consent for Mercado Libre to assign, transmit or transfer your Personal Information to the recipients detailed in this Privacy Notice. 

Finally, Mercado Libre will not be liable for the improper use of your Personal Data by any third party when this third party is the direct collector/processor of your Personal Data.

 

6. International Data Transfers

The services provided by Mercado Libre require the support of a technology infrastructure, such as servers and cloud services, which can be owned or provided by third parties.

Part of that infrastructure may be established in a country different from yours.

It is also possible that the data recipients indicated above in the section "How do we share Personal Data?" are in a different country.

The countries receiving the data we transfer may not offer adequate levels of personal data protection, in accordance with applicable laws.

In these cases, Mercado Libre adopts measures to protect your data, through contractual clauses or binding corporate rules that impose the same protection measures as those described in this Privacy Notice.

 

7. How long are we going to store your Personal Data?

We will only store personal data for no longer than is necessary to fulfill the purpose for which it was collected, to comply with regulatory or legal requirements, or during the statutory limitation period of possible legal or contractual liabilities.

Once the period has ended, the data will be deleted or anonymized in such a way that no person can be individualized, as allowed by the regulations in each country.

 

8. Automated decisions and profiling

At Mercado Libre we are committed to providing you with more and better services that simplify your life.

For this we resort to tools that help us to improve efficiency through techniques known as "artificial intelligence", "machine learning" or "Big Data" that we use for various purposes, such as fraud prevention, analysis and prediction of economic capacity, personalization services and advertising, automated Cybersecurity mechanisms or identity validation through image recognition.

Automated decisions are those made based on the use of algorithms and computer programs, without any human being involved in the decision-making process.

For its part, profiling is the evaluation of some personal aspects, such as your interests, preferences, behaviors or location, which is carried out by automatically processing personal data with statistical procedures. As a consequence of this process, we may send you personalized communications, or show them to you within our platforms, when we believe they may be of your interest.

You have the right to request that a decision based on automated data processing be reviewed.

 

9. Confidentiality of Personal Data and Responsibility of Users

We will do everything in our power to protect the privacy of your Personal Data. The user will be liable for all acts that take place through the use of their nickname and password. If, for any reason, you believe that someone may know your password, you must modify it by entering in My Account > Settings > My details.

 

10. Minors

Mercado Libre Services are only available to those who have the legal capacity to contract them in accordance with applicable laws. Therefore, if you do not meet this condition, you should not supply your Personal Data.

 

11. The use of Personal Data by other Users

Mercado Libre allows users limited access to certain data (such as name, nickname, email, other contact information and billing and shipping information) from the rest of the users to facilitate interaction between them. Under no circumstances may other users communicate your Personal Data to third parties without your consent and/or the consent of Mercado Libre, as appropriate. 

When selling users receive personal data from their buyers, they become the controllers of this data and acquire the obligations that this implies. For this reason, they cannot use the data collected for a purpose other than or incompatible with the one that originated the data collection: completing a transaction on Mercado Libre platform. For this reason, they may only use the Personal Data of other users obtained on the site for: (a) purposes related to transactions on the Mercado Libre platform, (b) using services offered in Mercado Libre (for example: deposit, insurance, shipping or logistics and fraud claims), and (c) any other purpose to which the corresponding user expressly consents once the legally required information has been previously communicated.  

Mercado Libre does not accept behaviors considered to be "spamming". Sending indiscriminate messages of any nature is absolutely prohibited among Mercado Libre users. 

Mercado Libre does not control, store or have access to the messages and content sent by users through means other than the Websites, so it does not assume any liability for any damages that its use may cause. Negotiations carried out by users through these means are the sole responsibility of said users. 

Mercado Libre is not liable for the use that any user or other person may make of the data published on the Websites. Users accept that Mercado Libre will not be liable for the loss and damage that may be caused as a result of negotiations between users. Consequently, you release Mercado Libre from any form of liability in the event that conflict arises with one or more users.

 

12. Links to Other Websites

Through its Websites, Mercado Libre may include links to third-party Websites, which does not indicate that they are owned or operated by Mercado Libre. The processing of Personal Data made by third parties controlling the aforementioned Websites is not covered by this Privacy Notice. Likewise, you acknowledge and accept that Mercado Libre has no control over such websites and is not and will not be liable for the content or services provided by such sites, or for the way in which they process your Personal Data, which is why when you access such websites you do it at your own risk.

 

13. How can you exercise your rights to control your Personal Data?

The applicable regulations give you certain rights over your Personal Data, such as: (i) access; (ii) update; (iii) rectification; (iv) the cessation of unwanted advertisements, offers and promotions; (v) erasure; (vi) withdrawal of consent; and (vii) confidentiality. 

You can make any query, claim and/or request regarding your Personal Data by contacting Mercado Libre through this form; or through the contact details provided in the annexes for each country listed below. 

In certain cases, we will keep in our records the Personal Data that you have asked us to delete, to fulfill the purposes described in this Privacy Notice or when there is a contractual or legal duty to maintain your Personal Data. Once this purpose has been fulfilled or contractual or legal duty have been eliminated, we will proceed to delete your Personal Data.

 

14. Advertising, Cookies and Other Technologies

The user expressly acknowledges and accepts that Mercado Libre may use a behavior monitoring system through the use of "cookies", "web beacons", and/or other similar tracking technologies. 

These technologies are used in order to know the interests and behavior of those who visit or are users of our website and, in this way, give them a better service or provide related information. We also use the data obtained through cookies to analyze the pages browsed by the visitor or user, the searches carried out, improve our commercial and promotional initiatives, show advertising or promotions, banners of interest, news about Mercado Libre, perfect our content offer and articles, personalize said contents, presentation and services, as well as promote and enforce the rules and security of the site. We also use them so that the user does not have to enter their password so frequently during a browsing session, also to account for and corroborate the registrations, user activity and other concepts for commercial agreements, always aiming at the installation of the Cookies, the benefit of the user who receives it, and which shall not be used for purposes other than Mercado Libre. Likewise, we store cookies in order to offer a more interactive experience on the site, based on the user actions.

Your personal data obtained through these technologies will not be transferred to third parties in a different way than those described in this Privacy Notice.

Additionally, "cookies" or other similar systems installed by third parties may be found on certain pages of our Websites or used by advertisers outside Mercado Libre. These Privacy Policies cover the use of "cookies" by Mercado Libre and do not include the use of "cookies" installed by third parties. 

You must know that the installation, permanence and existence of cookies on your computer or device depend on your exclusive will and can be removed when you wish. To know how to remove Cookies from the system it is necessary to check the Help section on the browser.

In this respect, you can at any time delete the stored cookies, configure the browser for it to request your approval before storing cookies or directly prevent cookies from being stored. This procedure is performed differently from browser to browser and it will be necessary for you to do it for each browser that you use. We are pleased to offer you information on how to set your preferences for the most used web browsers, as follows: 

From Internet Explorer (on Windows)

https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies  

Microsoft Edge

https://support.microsoft.com/en-us/help/4027947/microsoft-edge-delete-cookies

Firefox

https://support.mozilla.org/en-US/kb/disable-third-party-cookies  

Google Chrome

https://support.google.com/chrome/answer/95647?hl=en  

Opera

https://help.opera.com/en/latest/web-preferences/#cookies  

Safari (on Mac)

https://www.apple.com/legal/privacy/en-ww/cookies/

If you disable cookies, you should bear in mind that you may not be able to use and enjoy all the functionalities offered by Mercado Libre. 

 

15. Security. Storage of Personal Data

Mercado Libre complies with the regulations and industry standards regarding security measures applicable to your Personal Data.  

Mercado Libre is not liable for illegal interceptions or violation of its systems or databases, or for its use by unauthorized persons. Mercado Libre is not liable for the improper use of the data obtained by these means.

 

16. Changes to the Privacy Notice 

If Mercado Libre makes changes to the way Personal Data is managed, we will notify users through our regular channels, such as email or messages through applications.  In the terms allowed by each country's specific regulations, in the case of users who do not accept these new terms, the contractual bond with Mercado Libre will be dissolved and the Personal Data of said user will not be used in any other way than what was reported at the time of collection.

 

17. Governing Law and Jurisdiction

The Privacy Notice will be governed by the applicable laws as detailed in the annexes of each country included below. In the event of any controversy or divergence related to the interpretation, validity, implementing or compliance of this Privacy Notice, it will be resolved by the competent courts indicated in the annexes for each country included below. 

 

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ANNEX FOR ARGENTINA

The provisions of this annex are exclusively applicable to users and visitors domiciled in the Argentine Republic. In case of contradiction between the body text of the Privacy Notice and this annex, the provisions of this annex shall apply to users and visitors domiciled in the Argentine Republic. 

2. Who is the controller of Personal Data?

In Argentina, the Services of Mercado Libre are provided by Mercado Libre S.R.L., CUIT 30-70308853-4, domiciled in Avenida Caseros 3039, Piso 2, Autonomous City of Buenos Aires, zip code 1264, Argentine Republic. Said Mercado Libre Services are offered through the Platforms www.mercadolibre.com.ar and www.mercadopago.com.ar. Mercado Libre S.R.L. is responsible for the database collection in the Argentine Republic. 

13. How can you exercise your rights to control your Personal Data? 

In compliance with the provisions of Law No. 25,326, Regulatory Decree No. 1558/2001 and the binding provisions and/or resolutions issued by the Agency for Access to Public Information, it is communicated that: "The data owner has the power to exercise the right of access to them free of charge at intervals of not less than six months, unless a legitimate interest to that effect is established in accordance with the provisions of article 14, paragraph 3 of Law No. 25,326. THE AGENCY FOR ACCESS TO PUBLIC INFORMATION, in its capacity as the Control Body of Law No. 25,326, has the power to attend to complaints and claims filed by those who are affected by their rights due to non-compliance with current regulations on protection of personal data. The owner may at any time request the withdrawal or blocking of his name from any of the databanks referred to in this section. In all communication for advertising purposes that is made by mail, telephone, email, Internet or other remote means to be known, the possibility of the data owner to request the withdrawal or blocking must be indicated, expressly and prominently, totally or partially, of your name from the database. At the request of the interested party, the identity of the databank controller or user responsible for the data breach must be reported.

Without prejudice to the provisions of the Privacy Policies, you can also make inquiries and/or exercise the rights of access, to rectification and erasure of Personal Data by postal mail to Avenida Caseros 3039, Piso 2, Autonomous City of Buenos Aires, zip code: C1264AAK. Att. Mercado Libre S.R.L. 

17. Governing Law and Jurisdiction 

Privacy Policies will be governed by the laws of the Argentine Republic. In the event of any dispute or divergence related to the interpretation, validity, implementing or compliance thereof, you and Mercado Libre declare that you fall under the exclusive jurisdiction of the Ordinary National Court of the Autonomous City of Buenos Aires, expressly refusing any other jurisdiction and/or jurisdiction that may correspond.

 

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ANNEX FOR BRAZIL 

The provisions of this annex are exclusively applicable to users and visitors residing in the Federative Republic of Brazil or any other situation in which Brazilian laws may apply. In case of contradiction between the body text of the Privacy Policies and this annex, the provisions of this annex shall apply to users and visitors domiciled in the Federative Republic of Brazil. 

The collection of your Personal Data is based not only on your express consent, but also on: (i) compliance with legal or regulatory obligations of Mercado Libre; (ii) the regular exercise of rights in judicial, administrative or arbitration proceedings; (iii) the execution of the commercial and contractual relationship between Mercado Libre and the users; (iv) the legitimate interests of Mercado Libre or third party; and (v) credit protection. 

By visiting the Platforms and using the Services if you are 18 years of age or older, you accept the collection, use, transmission, production, reception, classification, access, reproduction, distribution, handling, archiving, storage, erasure, evaluation, and/or control, modification, communication, transfer, dissemination, extraction or any processing activity ("Processing") of your personal data and information as described in this Privacy Notice.

2. Who is the controller of Personal Data?

In the Federative Republic of Brazil, the Services of Mercado Libre are provided by EBAZAR.COM.BR LTDA, registered with the CNPJ/MF under No. 03.007.331/0001-41 and MercadoPago.com Representações Ltda., registered with the CNPJ/MF under number 10.573.521/0001-91, both domiciled in Av. das Nações Unidas, No. 3.003, Bonfim, Osasco/SP, Brazil is the controller of the personal data that we collect from you.

8. Automated decisions and profiling 

Without prejudice to the provisions of clause 13 of the Privacy Notice, you can also exercise your right of access at all times, in order to know the Personal Data that was used as part of the corresponding decision-making and, if applicable, the right to rectification, when you consider that any of the personal data used is inaccurate or incomplete.

13. How can you exercise your rights to control your Personal Data? 

The applicable regulations give you the following rights over your Personal Data: (i) confirmation of the existence of data processing (ii) access; (iii) correction of incomplete, inaccurate or outdated Personal Data; (iv) anonymization, blocking or erasure of Personal Information that is unnecessary, excessive or processed in breach of applicable legislation; (v) portability of Personal Data; (vi) erasure of Personal Data when it is no longer necessary for the purposes for which it was collected, except in the case of necessary conservation for: (a) the fulfillment of a legal or regulatory obligation; (b) transfer to a third party for any other reason authorized by law or any regulation other than law or regulation that regulates the protection of personal data in Brazil, including the Brazilian Law on Protection of Personal Data - LGPD (Law No. 13,709/18); or (c) exclusive use of the controller anonymously; (vii) information on the public and private entities with which Mercado Libre has shared your Personal Data; (viii) information about the possibility of not giving consent and about the consequences of their refusal; (ix) withdrawal of consent; (x) make a claim before the National Authority for the Protection of Personal Data related to the processing of your Personal Data; and (xi) oppose to the processing of your Personal Information due to non-compliance with applicable law. 

Without prejudice to the provisions of the Privacy Notice, you may also make inquiries and/or exercise the rights of access, to rectification and erasure of your Personal Data by postal mail to Av. Das Nações Unidas, No. 3.003, Bonfim, Osasco/SP, Brazil, Att. EBAZAR.COM.BR LTDA. 

17. Governing Law and Jurisdiction 

The Privacy Policies will be governed by the laws of the Federative Republic of Brazil. In the event of any dispute or divergence related to the interpretation, validity, implementing or compliance thereof, you and Mercado Libre declare that you fall under the exclusive jurisdiction of the competent Court of the City of São Paulo-SP, expressly refusing any other jurisdiction and/or jurisdiction that may correspond to you, unless you are included within the legal concept of consumer, in which case you can make claims before the competent Court of your domicile.

 

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ANNEX FOR COLOMBIA  

The provisions of this annex are exclusively applicable to Colombian users and visiting users domiciled in the Republic of Colombia. In case of contradiction between the body text of the Privacy Notice and this annex, the provisions of this annex shall apply to users and visiting users domiciled in the Republic of Colombia. 

2. Who is the controller of Personal Data?

In the Republic of Colombia, Mercado Libre Services are provided by Mercado Libre Colombia LTDA., NIT 830067394-6, domiciled in Carrera 17 No. 93-09, Piso 3, Bogotá DC, Republic of Colombia, and is the controller of the personal data that we collect from you. 

13. Rights of access, to rectification and erasure of Personal Data 

The data protection law of the Republic of Colombia additionally provides the following rights to the owners, namely: (i) request proof of authorization granted to the data controller except when expressly excepted as a requirement for processing; (ii) be informed by the data controller, upon request, regarding the use that has been made of their personal data; and (iii) file complaints with the Superintendency of Industry and Commerce for noncompliance with Colombian data protection regulations.

Without prejudice to the provisions of the Privacy Policies, you can also make inquiries and/or exercise the rights of access, to rectification and erasure of your Personal Data by postal mail to Carrera 17 No. 93-09, Piso 3, Bogotá DC, Republic of Colombia. Att. Mercado Libre Colombia LTDA.

Mercado Libre will process any query or claim in relation to the Personal Data collected and processed through the means enabled for said purposes in accordance with the procedure provided for in articles 14 and 15 of Law No. 1581/2012. 

17. Governing Law and Jurisdiction 

Privacy Policies will be governed by the laws of the Republic of Colombia. In the event of any dispute or divergence related to the interpretation, validity, implementing or compliance thereof, you and Mercado Libre declare that you fall under the exclusive jurisdiction of the competent Court of the City of Bogotá, expressly refusing any other jurisdiction and/or jurisdiction that may correspond to you. The proceedings will be carried out in Spanish. 

The enforcing authority in the Republic of Colombia regarding personal data protection is the Office for the Protection of Personal Data of the Superintendence of Industry and Commerce and the regulations on data protection are Law 1581/2012, the Decree 1377/2013 and other concordant norms. 

 

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ANNEX FOR MEXICO  

The data processing carried out in Mexico, or that is applicable to Mexican law, will be governed in accordance with the provisions of the Privacy Notice and this Mexico Annex, which, together with the Privacy Notice, constitutes the comprehensive privacy notice in terms of Mexican regulations. For the purposes of Mexico, in the event of a conflict between the Privacy Notice and the Mexico Annex, the latter shall prevail. 

2.2. Who is the controller of Personal Data?

MercadoLibre, S. de R.L. de C.V. (hereinafter “Mercado Libre”), domiciled in Av. Insurgentes Sur 1602, Piso 9, Suite 900, Colonia Crédito Constructor, Alcaldía Benito Juárez, zip code 03940, Mexico City, CDMX, is the controller of the personal data that we collect from you. 

3. What data do we collect and process? 

For the purposes mentioned in the Privacy Notice, we may collect the personal data expressly indicated there, as well as any other within the following categories: (i) Identification; (ii) contact; (iii) financial; (iv) equity; (v) interests and preferences. We will not collect sensitive personal data. 

Personal data of third parties and minors. For the personal data of a third party that you may provide us with, you must previously have the consent of the personal data owner and inform them that they can know the aforementioned privacy notice by requesting it via email from our privacy officer. In any case, Mercado Libre will comply with the provisions of the Federal Law on Protection of Personal Data Held by Individuals and its Rules regarding the processing of indirectly obtained data. For the processing of the personal data of persons under 18 years of age, they shall be compliant with section 10 of the Privacy Notice. 

4. What do we do with Personal Data? 

Your personal data is collected for the primary and secondary purposes expressly indicated in the Privacy Notice. 

The main purposes are necessary to offer you our services as a client, user or visitor of our platforms; secondary purposes are not necessary to provide you with the requested product or service, but they are of utmost importance to us to render a better customer service and develop our legitimate business interests.

Denial for secondary purposes. If you do not want your personal data to be processed for the aforementioned secondary purposes, or any of them, you can deny us your consent from this moment on by sending your request to our privacy officer. Your denial in this regard will not affect the performance of the other purposes established in the Privacy Notice.

The main purposes are those listed between numerals 1 to 6 of section "4. "What do we do with Personal Data?” of the Privacy Notice.

5. "How do we share Personal Data?" 

For the transfers described in sections (vi) and (viii) of clause 5 of the Privacy Notice, visit the following links for Mexico:

(vi) “Members of the Brand Protection Program”: https://www.mercadolibre.com.mx/brandprotection/enforcement

(viii) "Developers" within the framework and conditions of the Mercado Libre Developers Program: https://developers.mercadolibre.com.mx/es_mx/terminos-y-condiciones

8. Automated decisions and profiling 

Without prejudice to the provisions of clause 13 of the Privacy Policy, you may also exercise your right of access at all times, in order to know the Personal Data that was used as part of the corresponding decision-making and, if applicable, the right to rectification, when you consider that any of the personal data used is inaccurate or incomplete.

13. How can you exercise your rights to control your Personal Data?  

Without prejudice to the provisions of the Privacy Policies, you may also make inquiries and/or exercise the rights of access, to rectification, erasure and object to the treatment of your Personal Data by means of a request addressed to our Department of Personal Data by postal mail to Calle Insurgentes Sur 1602 Piso 9, Suite 900, Crédito Constructor, Benito Juárez, Distrito Federal. zip code 03940, Mexico City, Mexico. Att. MercadoLibre, S. de R.L. de C.V.

17. Governing Law and Jurisdiction 

The Privacy Policies will be governed by the laws of Mexico, Federal District. In the event of any dispute or divergence related to the interpretation, validity, implementing or compliance thereof, you and Mercado Libre declare that you fall under as a means of dispute resolution to the mediation carried out by MercadoLibre through its Platforms, in accordance with the rules of the Protected Purchase Program (PPP) or the Seller Protection Program (SPP), as the case may be and when applicable. In the cases in which the PPP or SPP are not applicable, you can initiate the corresponding actions through the CONCILIANET system of the Federal Consumer Prosecutor's Office ("PROFECO") and/or before the competent PROFECO Delegations in the exercise of the rights enshrined in your favor in the Federal Consumer Protection Law. In the event that PROFECO is considered incompetent for any reason to settle the controversy raised, you may exercise the corresponding actions before the competent authority, expressly renouncing any other jurisdiction and/or jurisdiction that may correspond.

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ANNEX FOR URUGUAY 

The provisions of this annex are exclusively applicable to users and visiting users domiciled in the Eastern Republic of Uruguay. In case of contradiction between the body text of the Privacy Policies and this annex, the provisions of this annex shall apply to users and visiting users domiciled in the Eastern Republic of Uruguay.

2. Who is the controller of Personal Data?

In the Eastern Republic of Uruguay, the Services of Mercado Libre are provided by Deremate.com de Uruguay S.R.L., RUT: 21411170001, domiciled in Calle Dr. Luís Bonavita 1266 Piso 39, City of Montevideo, Uruguay, and is the controller of the personal data that we collect from you.

8. Automated decisions and profiling 

The profiles and algorithms that are used to perform the profiles are continuously validated in order to reduce false results. You can exercise the rights of access, to rectification, update, include and erasure of your Personal Data in accordance with the means provided in this Privacy Notice, as well as obtain information on the assessment criteria and the program used for profiling, or perform challenges in accordance with the provisions of article 16 of Law No. 18,331.

13. How can you exercise your rights to control your Personal Data?  

In compliance with the provisions of Law No. 18,331, Regulatory Decree No. 414/009 and other applicable, concordant and amending regulations, it is communicated that all personal data holders who previously provide proof of identity shall have the right to obtain all data about them collected in public or private databases. This right of access may only be exercised free of charge at six-month intervals, unless a legitimate interest is raised again in accordance with the legislation. 

The URCDP, in its capacity as Control Body of Law No. 18,331, has the power to assist and advise people who require it about the scope of the law and the legal means available to defend the rights that it guarantees. 

Data suitable to establish certain profiles with promotional, commercial or advertising purposes may be treated in the collection of domiciles, distribution of documents, advertising, direct sales and other similar activities. This shall also include data which enable to determine consumption habits, when such data appear on documents accessible to the public or which have been provided by their owners or obtained with their consent. In such cases, the data owner may exercise the right of access at no expense and at any time request the withdrawal or blocking of their data from the databanks referred to.

Without prejudice to the provisions of the Privacy Policies, you can also make inquiries and/or exercise the rights of access, to rectification, update, include and erasure of your Personal Data by postal mail to Calle Dr. Luis Bonavita 1266 Piso 39, City of Montevideo, Uruguay Att. Deremate.com de Uruguay S.R.L. 

15. Security. Storage of Personal Data

Personal Information will be processed with the appropriate degree of protection, taking the necessary security measures to prevent its alteration, loss, processing or unauthorized access by third parties. 

If the database controller or processor becomes aware of the occurrence of a data breach, we will provide you with immediate and detailed information of such an event and the measures we will adopt. We will also inform the Personal Data Regulatory and Control Unit, which will coordinate the corresponding course of action, with the National Center for Computer Security Incident Response in Uruguay (CERTuy). 

17. Governing Law and Jurisdiction 

The Privacy Policies will be governed by the laws of the Eastern Republic of Uruguay. In the event of any dispute or divergence related to the interpreting, validity, implementing or compliance of the above, you and Mercado Libre declare that you fall under the exclusive jurisdiction of the Ordinary Courts of the City of Montevideo, expressly refuse any other jurisdiction and/or jurisdiction that may correspond.

 

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ANNEX LATIN AMERICA

The provisions of this annex are exclusively applicable to users and visitors domiciled in those countries that do not have a specific annex in this Privacy Notice.

2. Who is the controller of Personal Data?

The controller of the personal data that we collect from you is:

In Chile: Mercado Pago S.A, R.U.T. 76.516.950-K, Av. Apoquindo 4800, Torre 2, piso 21, Las Condes, Santiago - Chile.

In Costa Rica: Mercado Libre Costa Rica S.R.L. located in Centro Empresarial Forum, Edificio C, Oficina 1 C 1, Pozos de Santa Ana, San José, Costa Rica.

In Ecuador: Mercado Libre Ecuador Cia. Ltda. in Av. Amazonas N39-61 (45-45) and Alfonso Pereyra, Edificio Centro Financiero, Piso 3, Oficina 315, City of Quito, Ecuador.   

In Perú: Mercado Libre Perú S.R.L., RUC No. 20462540745, Calle German Schreiber Gulsmanco No. 276, San Isidro, Lima, Perú.

In Venezuela: MercadoLibre Venezuela S.R.L., calle Eugenio Mendoza con José Ángel Lamas, Edif. Torre La Castellana, Piso 8, zip code 1060, Caracas, Venezuela. 

13. How can you exercise your rights to control your Personal Data?  

Without prejudice to what is stated in this Privacy Notice, you also have the right to file a complaint with a data protection authority:

Costa Rica: Agency for the Protection of Inhabitants Data. 

Panama: National Institute for Transparency and Access to Information. 

Peru: National Authority for Transparency and Access to Public Information. 

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