Privacy Policy - Mi Lindo Jalisco

1.1. Contact data of the data protection officer (“DPO”) may be found on the website (“website”), as long as it was (necessary to be) appointed such data protection officer.

2. Purposes (and related legal basis) of the processing(s)

2.1. The Controller shall process the personal data you (also referred to in this privacy policy ”you” or the “client” or the “data subject”) provided by the client (eg. Name, surname, (delivery) address, phone no., email address) when ordering products and/or services through the application of the Provider (referred to in this Privacy Policy the “application” or the ”solution”), and communicated by the Provider to the Controller, for any purposes in order to take the steps in order to conclude a contract with the client (following a request expressed by the client when using the application) and to perform the agreement concluded with the client (the “agreement”).

2.2. Your electronic contact details provided in the context of selling a product or a service may be used for direct marketing (unsolicited communications) regarding similar products or services. You can always withdraw your consent by using the unsubscribe link available prior to any ordering session of yours or in the footer of any marketing email communication received from us.

2.4. Without affecting the generality of the foregoing and for the sake of clarity, your (electronic contact) data may be used by the Controller and/or the suppliers of products and/or services in order to send you direct marketing communications (unsolicited communications, for products or services that are not similar to those in the context of which you provided your data), as long as you gave your consent for such purpose. You can always withdraw your consent by accessing the provided link.

2.5. The Controller will store and process any of your personal data to the maximum extend and period provided by the mandatory applicable legal regulations in force.

2.6. The Controller will also process your personal data for any other purposes for which you expressed the unambiguous consent.

3. Legal basis of the processing

The legal basis of the processing are article 6 paragraph (1) letter (b) and (c), as well as, especially in case of the direct marketing, the letter (f), from the Regulation (EU) 2016/679 of the European Parliament and of the Council, from 27 April 2016 (referred to in this Privacy Policy the “Regulation” or (“GDPR”), namely:

(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

(c) processing is necessary for compliance with a legal obligation to which the Controller is subject;

………………….

(f) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party...”.

To the maximum extent permitted by the legal regulations in force, the personal data processing for direct marketing purposes may be performed for a legitimate interest, taking into consideration there is a relevant and adequate relationship between the data subject and the Controller, the data subject being/becoming a client of the Controller. The legitimate interests pursued by the Controller through the direct marketing communications, mainly are the possibility of keeping the client updated with the activity of the Controller.

4. Recipients or the category of recipients of the personal data

4.1. Sending your data to different recipients and in different (third) countries, recipients that are processing the personal data for (compatible, related and correlated purposes with) the purpose of executing the contract you have with the Controller, namely: delivery providers, printing providers, pos billing providers, loyalty providers, etc.

4.2. Also, without affecting the generality of the foregoing and for the sake of clarity, the following information will be transmitted to the following categories of recipients, for the following purposes:

4.2.1. Your details, namely: last name, first name, email address, phone number, delivery address (if relevant), provided together with the details of your order, on the electronic way (excluding the details of the payment card, if you have chosen the online payment process) will be (re)transmitted through email messenger operators to the Controller and back to you, to your email address, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

4.2.2. If possible, your details, namely : last name, first name, email address, phone number, delivery address (if relevant), provided together with the details of your order, on the electronic way (excluding the details of the payment card, if you have chosen the online payment process) will be (re)transmitted through SMS messenger operators to the suppliers of products and/or services and back to you, by SMS, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

4.2.3. As well as, the personal data will be sent in order to be stored by the data storage providers.

5. Transfers of personal data to third countries or an international organization

5.1. An eventual transfer or a set of transfers of personal data to a third country or an international organization shall take place only on one of the following conditions:

(a) the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;

(b) the transfer is necessary for the performance of a contract between the data subject and the Controller or the implementation of pre-contractual measures taken at the data subject's request;

(c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the Controller and another natural or legal person;

(d) the transfer is necessary for important reasons of public interest;

(e) the transfer is necessary for the establishment, exercise or defense of legal claims;

(f) the transfer is necessary in order to protect the vital interests of the data subject or of other people, where the data subject is physically or legally incapable of giving consent;

(g) existence of a adequacy decision according with the Regulation;

(h) existence of appropriate safeguards, including binding corporate rules according with the Regulation;

5.2. The following data will be transferred to the following third countries, as follows:

5.2.1. Last name, first name, email address, phone number, delivery address (if relevant) will be sent in USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

5.2.2. Last name, first name, email address, phone number, delivery address (if relevant) will be sent in USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

5.2.3. Last name, first name, email address, phone number, delivery address (if relevant) will be sent in USA, in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or rejection of the order or about the missed orders and about the delivery of your order.

5.2.4. Last name, first name, email address, phone number, and delivery address (if relevant) Order session originating IP will be send in USA, in order to be stored and/or in order to process the order and in order to offer you the relevant notifications regarding the information about confirmation or reject of the order or about the missed orders and about the delivery of your order.

6. The period for which the personal data will be stored/ The criteria used to determine that period.

The personal data will be stored for 1 year but not less than the period provided by the legal regulations in force.

The personal data will be (mainly) stored in order to execute the agreement as well as for fiscal and/or legal purposes and additionally, specifically and without affecting the generality of the foregoing, the email address and the phone number (as and if the case may be) will be stored for direct marketing purpose.

7. Obligation to provide the personal data and of the possible consequences of failure to provide such data

The provision of the personal data is a contractual requirement.

The data subject is obliged to provide the personal data.

The refusal to provide (certain) (personal) data will lead (as consequences of not fulfilling the obligation to provide respective data) to the impossibility of (fully) using the application and/or certain functionalities of the application and/or to the impossibility to order and/or to buy and/or to pick-up and/or delivery of products and/or services, as the case may be, the Controller being entitled not to process the order.

Without affecting the generality of the foregoing and for the sake of clarity:

i) In case the data regarding the location were the products has to be delivered are not provided, the products cannot be delivered;

ii) In case the email address is not provided, we cannot send you any information about confirmation or reject of the order or about the missed orders and/or other information regarding your order and the communications with you cannot be performed;

v) In case the name and surname are not provided, we will not have the minimum identification data to have a valid agreement with you and also your order will not be processed and we won’t be able to send you the information about confirmation or reject of the order or about the missed orders;

vi) In case the IP addresses are not provided, no further investigations can be performed in order to determine what happened and whether or not you were a victim of a fraudulent ordering session (e.g. fake orders, prank orders or purchase impersonation), therefore the order may not be safely accepted;

vii) In case the phone number is not provided the Controller may not contact you back in a timely manner for order-related clarifications or delivery address clarifications, as the case may be.

8. Right of access by the data subject

8.1. The data subject has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in the Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

8.2. Where personal data are transferred to a third country or to an international organization, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

8.3. The Controller provides a copy of the personal data undergoing processing. For any further copies requested by the data subject, the Controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information are provided in a commonly used electronic form.

8.4. The right to obtain a copy referred to in paragraph 8.3 doesn’t adversely affect the rights and freedoms of others.

9. Right to rectification

The data subject has the right to obtain from the Controller without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

10. Right to erasure (‘right to be forgotten’)

10.1. The data subject has the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay, and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws consent on which the processing is based; (c) the data subject objects to the processing; (d) the personal data have been unlawfully processed; (e) the personal data have to be erased for compliance with a legal obligation; (f) the personal data have been collected in relation to the offer of information society services to a child.

10.2. Where the Controller has made the personal data public and is obliged pursuant to paragraph 10.1 to erase the personal data, the Controller takes reasonable measures to inform controllers and processors which are processing the personal data that the data subject has requested the erasure.

10.3. Paragraphs 10.1 and 10.2 do not apply to the extent that processing is necessary for freedom of expression and information, compliance with legal obligation, public health, archiving/research/statistics, or the establishment, exercise or defense of legal claims.

11. Right to restriction of processing

11.1. The data subject has the right to obtain from the Controller restriction of processing where one of the following applies: (a) the data subject contests the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes erasure; (c) the Controller no longer needs the personal data but they are required for legal claims; (d) the data subject has objected pending verification.

11.2. Where processing has been restricted under paragraph 11.1, such personal data shall only be processed with consent or for legal claims, rights protection, or important public interest.

11.3. A data subject who has obtained restriction of processing pursuant to paragraph 11.1 is informed by the Controller before the restriction of processing is lifted.

12. Notification obligation regarding rectification or erasure of personal data or restriction of processing

The Controller communicates any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

13. Right to data portability

13.1. The data subject has the right to receive the personal data concerning him or her in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller where: (a) the processing is based on consent or on a contract; and (b) the processing is carried out by automated means.

13.2. In exercising this right, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible.

13.3. The exercise of this right is without prejudice to Article 17 and shall not apply to processing necessary for public interest tasks or official authority.

13.4. This right does not adversely affect the rights and freedoms of others.

14. Right to object

14.1. At any time, the data subject has the right to object, on grounds relating to his or her particular situation, to processing for legitimate interests.

14.2. Where personal data are processed for direct marketing purposes, the data subject has the right to object at any time.

14.3. Where the data subject objects to processing for direct marketing purposes, the personal data is longer processed for such purposes.

14.4. At the latest at the time of the first communication with the data subject, this right is explicitly brought to the attention of the data subject.

14.5. In the context of the use of information society services, the data subject may exercise this right by automated means using technical specifications.

14.6. Where personal data are processed for scientific or historical research purposes or statistical purposes, the data subject has the right to object unless the processing is necessary for public interest tasks.

15. Automated individual decision-making, including profiling

15.1. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects him or her.

15.2. Paragraph 15.1. does not apply if the decision: (a) is necessary for entering into, or performance of, a contract; (b) is authorized by law; or (c) is based on the data subject's explicit consent.

15.3. In the cases referred to in points (a) and (c), the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests.

16. Right to lodge a complaint with a supervisory authority

16.1. Without prejudice to any other administrative or judicial remedy, every data subject has the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of personal data relating to him or her infringes the Regulation.

16.2. The supervisory authority shall inform the complainant on the progress and outcome of the complaint including the possibility of a judicial remedy pursuant to Article 17.

17. Right to an effective judicial remedy against a supervisory authority

17.1. Each natural or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them.

17.2. Each data subject has the right to exercise an effective judicial remedy where the supervisory authority does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 16.

17.3. Proceedings against a supervisory authority are brought before the courts of the Member State where the supervisory authority is established.

17.4. Where proceedings are brought against a decision of a supervisory authority preceded by an opinion or decision of the Board in the consistency mechanism, the supervisory authority forwards that opinion or decision to the court.

18. Right to an effective judicial remedy against a controller or processor

18.1. Each data subject has the right to an effective judicial remedy where he or she considers that his or her rights under the Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with the Regulation.

18.2. Proceedings against a controller or a processor are brought before the courts of the Member State where the Controller or processor has an establishment, or where the data subject has habitual residence, unless the Controller or processor is a public authority.

19. Representation of data subjects

19.1. The data subject has the right to mandate a not-for-profit body, organization or association to lodge the complaint on his or her behalf, exercise the rights referred to in Articles 16, 17 and 18 and exercise the right to receive compensation where provided for by law.

19.2. Member States may provide that any such body, organization or association has the right to lodge a complaint independently if it considers that the rights of a data subject have been infringed.

20. Right to compensation and liability

20.1. Any person who has suffered material or non-material damage as a result of an infringement of the Regulation has the right to receive compensation from the Controller or processor.

20.2. Any controller involved in processing is liable for the damage caused by processing which infringes this Regulation. The processor is liable where it has not complied with obligations specifically directed to processors or has acted outside or contrary to lawful instructions.

20.3. The controller or processor shall be exempt from liability if it proves that it is not in any way responsible for the event giving rise to the damage.

20.4. Where more than one controller or processor is involved, each shall be held liable for the entire damage in order to ensure effective compensation of the data subject.

20.5. Where a controller or processor has paid full compensation, that controller or processor shall be entitled to claim back from the others the part of the compensation corresponding to their responsibility.

20.6. Court proceedings for exercising the right to receive compensation is brought before the courts competent under the law of the Member State referred to in 18.2.

21. Withdrawal of the consent

Where the processing is based on the consent of the data subject, the data subject has the right to withdraw the consent at any time, without affecting the lawfulness of processing based on the consent before its withdrawal.

For the sake of clarity the withdrawal of the consent shall not affect the processing of the personal data based on other legal basis.

22. Cookie Policy

[Controller’s web application may use “cookies.” Cookies are text files containing small amounts of information which are downloaded to your device when you visit and use the web application. Cookies are then sent back to the originating URL on each subsequent visit, or to another URL that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device. You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu. For a video about cookies visit www.google.co.uk/goodtoknow/data-on-the-web/cookies.]

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests. You may set and/or adjust your browser settings and preferences regarding cookies at any time, and you may disable cookies. Disabling them may prevent you from using certain parts/functionalities of the Controller’s web application. We may collect anonymous information, including for statistical or research purposes.

We use the following categories on our web based application:

Category 1 — Strictly Necessary Cookies
These cookies are essential in order to enable you to move around Controller's web application and use its features, such as accessing secure areas. Without these cookies services like shopping baskets or e-billing cannot be provided.

Category 2 — Performance Cookies
These cookies collect information about how you use the Controller’s web application. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Controller’s website(s) and/or the application works.

As 3rd party cookies in this category we use Google Analytics, a service which transmits website traffic data to Google servers in the United States. The reports provided by Google Analytics help us understand website traffic and webpage usage. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.

Google Analytics: For more information about Google Analytics cookies, please see Google's help pages and privacy policy:
Google's Privacy Policy
Google Analytics Help pages

Google has developed the Google Analytics opt-out browser add-on; if you want to opt out of Google Analytics, you can download and install the add-on for your web browser here.

Category 3 — Functionality Cookies
These cookies allow the Controller’s web application to remember choices you make while browsing and/or using the application and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, language and other parts of web pages that you can customize. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on non-Controller’s websites. For reliable review of your order status, on-screen on the application, in real-time, and also for easy reordering, your data may be saved on your device, serving a cookie locally.

Category 4 - Targeting cookies or advertising cookies
These cookies will usually be third-party cookies, although if a user is visiting the advertising network’s own website it is technically possible these could be first party. They will always be persistent but time-limited cookies. These cookies can be associated with services provided by the third party but this is not always the case. Examples include advertising-network cookies used to target relevant adverts and cookies used with services such as commenting, social sharing, maps or visitor counters. By default, the web ordering application and its originating website URL is not serving category 4 cookies. However, it may be possible to order online from other websites that frame-in or facilitate access to the online menu and web application.

23. Processing of your personal data by the Provider as the processor of the suppliers of products and/or services

The Provider may also process your personal data as the processor of the supplier of products and/or services, including without limitation for the following purposes: i) data storage; ii) sending notifications; iii) sending direct marketing communications; iii) collection of IP addresses in case of litigation and/or fraud; iv) sending your data to different recipients and in different (third) countries, namely delivery, printing, pos billing, loyalty, online payment processing, etc.

24. Miscellaneous

24.1. You have all the rights mentioned in the present Privacy Policy as well as any other rights mentioned by the mandatory legal regulations in force regarding personal data processing.

24.2. Your rights mentioned in the present Privacy Policy can be exercised according with the Regulation and any other applicable legal regulations in force.

24.3. Any requests and/or demands sent by you towards the Controller for exercising any of your rights may be made in writing, by registered letter sent to the headquarter of the Controller and/or online via the contact form or contact email of the Controller as found on the website or at the email of the DPO, if such DPO exists, and/or by any other ways of communications mentioned in the legal regulations in force.

24.4. The data subject may request and obtain, free of charge, in particular, access to and rectification or erasure of personal data, restriction of the processing of personal data, data portability, the exercise of the right to object and also the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, but also in relation with the security breach of the personal data.

24.5. The terms used in the present Privacy Policy will have the meaning defined in the Regulations, unless the context otherwise requires or it is otherwise provided herein.

24.6. Except otherwise required by the mandatory legal regulations in force, the Controller reserves the right to update and change the Privacy Policy from time to time without specific notice.