Privacy Policies

Information confidentiality and privacy policy

This Privacy Policy (the "Privacy Policy") shall apply upon acceptance by new users and is effective since January 2012.

As an ordinary part of our activity we collect and, sometimes, disclose information about the users and visitors on our Site. This Privacy Policy describes the information Mercado Libre S.A. de C.V. and DeRemate.com de México S.A. de C.V., with offices at Felix Cuevas No. 6 Quinto Piso Oficina 501, Colonia Tlacoquemecatl del Valle, Benito Juarez (Código Postal 03200) México, D.F., México (both referred to as "MercadoLibre") collect on users and visitors on the e-commerce platform and the online payment system known as MercadoPago, respectively. Furthermore, this Privacy Policy describes what can be done with such information. This policy is very detailed because it is important that all users and visitors on our Site become aware of MercadoLibre’s practices as accurately as possible. Upon signing in and/or browsing the MercadoLibre’s Site, users and/or visitors consent that their personal information can be used according to the following provisions.

The privacy of users’ information is of great importance to MercadoLibre. Therefore, all necessary precautions and measures are taken to safeguard their information, using the most effective and comprehensive IT security devices.

This document is an integral part of MercadoLibre’s General Terms and Conditions . By accepting the General Terms and Conditions at the time of registration, the user accepts the provisions contained herein.

The information we collect

The first thing to do in order to enjoy the services of Mercado Libre is to sign in, by providing certain accurate and complete personal data (“Personal Data”). We may request, collect, and store the following Personal Data: Username or nickname to operate on the Mercado Libre site, name, valid identity document or card number, contact information (landline, address, e-mail address, etc.) Mercado Libre will not collect users’ sensitive personal data, such as religion, trade union, race, ethnic group, and other information. Mercado Libre may verify the Personal Data so provided by resorting to public agencies, specialized companies or credit reporting companies, for which users hereby expressly authorize us to share that information, including financial and/or economic data, with said entities. Any information thus obtained by Mercado Libre shall be treated as confidential.

Users registering at Mercado Libre through their personal account on a social network (“Personal Account”), or otherwise accessing Mercado Libre through their Personal Account, expressly authorize Mercado Libre to:

• Access at any time the entire information contained in their Personal Account, including, in particular but without limitation, their Personal Data, information on their interests, likes, contacts, and any other contents of their Personal Account;
• Include in said account messages, photographs, videos, and any other type of content; and
• Send to the User’s e-mail address linked to the Personal Account information or messages for the purposes described in the "How we Use the Personal Data" section below.

It is hereby expressly stated that the users registered at Mercado Libre may at any time request the cancellation or termination of their registration request, and/or the termination of their account or the deletion of their account and information from MercadoLibre’s database. Please refer to the "How to exercise Personal Data access, cancellation, and rectification rights" section below.

MercadoLibre automatically collects and stores certain information about the activity of its users and visitors on its website. Such information may include the URL of origin (whether or not on our Site), the URL they subsequently access to (whether or not on our Site), the browser used, and their IP addresses. In addition, pages viewed, searches, postings, purchases or sales, ratings and replies entered, messages posted in forums, among other information, may also be kept on record.

If the users send us correspondence, whether by e-mail or letter, or if other users or third parties send us correspondence regarding other users’ activities or messages on our Site, we can collect and store such Personal Data, including their e-mail addresses.

How we use the Personal Data

In order to provide an excellent service and to allow users to conduct transactions smoothly and securely, Mercado Libre requires certain personal information, including e-mail address. Collecting information enables us to offer users services and functionalities to better suit Users’ needs and customize our services so that their experience with Mercado Libre is as pleasant as possible. All collected Personal Data allows Mercado Libre to:

• Help buyer and seller contact each other directly when appropriate depending on the purchase terms. In this case, Mercado Libre shall provide interested parties with their Personal Data (name, telephone numbers, location and email), by email or through the site. The information so disclosed to the buyer or seller shall only be used for the purpose of closing the transaction originated in Mercado Libre and shall not be used by any of them for publicity or marketing purposes, nor for any activities other than those related to Mercado Libre without the user’s express consent.

• Develop internal studies on the interests, behaviors and demographics of users to better understand their needs and interests and offer them better services or provide them with related information.

• Enhance our marketing and commercial initiatives and analyze visited pages and the searches conducted by users in order to improve our offer of contents and items and customize said contents, their presentation and services.

• Send information or messages via e-mail about new services, show advertisements or promotions, and banners as may be of interest to users, and communicate news about MercadoLibre, in addition to the information expressly authorized under the preferences section. If the user so prefers, he/she may choose to be excluded from the mailing lists for promotional or advertising information. You can learn how to do this in the "Changes to e-mail preferences" section below.

• Send information or announcements through short message services (SMS) to the mobile phone informed by the user to MercadoLibre. SMS may include advertisements and/or promos by Mercado Libre and/or third parties, as well as information on MercadoLibre’s services, including, in particular but without limitation, reminders of payment maturities and other obligations incurred during the use of the services rendered by MercadoLibre.

• The winners of a Promotional campaign and/or contest organized by Mercado Libre hereby expressly give their permission to disclose their names, Personal Data and images and their relatives’ by any means and in any manner as deemed convenient for promotional and/or advertising purposes, without being entitled to compensation of any kind.

• Share the Personal Data (including e-mail address and financial and/or economic information) with service providers or outsourcing companies that contribute to enhance or facilitate transactions through MercadoLibre, including (without limitation) transportation services, payment methods, insurance brokers or payment collection agencies, call centers or loyalty programs, public and/or private agencies providing credit information, among others. Mercado Libre shall ensure that certain standards are met by signing agreements or contracts to protect the privacy of our users’ Personal Data. Nevertheless, Mercado Libre shall not be liable for the misuse of a user’s Personal Data by such companies or Internet sites. In some cases, these service providers shall collect information directly from the user (for example, if we require them to conduct surveys or studies). Under such circumstances, users may receive notice about the engagement of a service provider in such activities, and the user at his/her sole discretion may provide any information as he/she wishes and agree to any additional use of the information provided as such providers decide to make. If, on its own initiative, a user directly discloses additional information to such service providers, they shall use that information in accordance with their own privacy policies. If we decide to disclose or share Personal Data with third parties who are not MercadoLibre’s service providers or affiliated or related companies, we will always request your consent.

Among the service providers collecting information directly from the user is Google Inc., a Delaware company headquartered at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States ("Google"). Through the use of cookies (see the "Cookies" section below), Google obtains certain information on the activity of MercadoLibre’s users and their IP addresses, which is directly transmitted and stored by Google in its United States servers. Google will use this information on behalf of Mercado Libre to analyze and prepare reports on users’ online activity with a view to improving the services provided by our website. Google may convey this information to third parties where so required by the applicable law or where said third parties process that information on Google’s behalf. The user expressly consents to Google’s use of their information in the manner and for the purposes established herein.

• Supply the Personal Data of the users to any organization taking part in the resolution of disputes between them, such as: Insurance Companies, Amicable Compounders, Arbitration Tribunals or competent courts involved in the resolution of such disputes.

Confidentiality of the Personal Data

Once Users have registered at our Site, Mercado Libre will not sell, rent, or share the Personal Data except as established in this Privacy Policy. Notwithstanding the foregoing, the user expressly authorizes Mercado Libre to wholly or partially transfer the Personal Data to any of the subsidiaries, parent companies, and/or related companies of MercadoLibre, for consideration or otherwise, at the time, in the manner, and under the conditions it may deem fit. We will do our best to protect the privacy of the information. Under certain circumstances, we may be compelled to disclose information to the authorities or to third parties by virtue of judicial orders or legal regulations. In the event third parties have access to certain information or data transmissions, Mercado Libre shall not be liable for the information disclosed.

Nickname

To interact within the site, users shall use a nickname to identify themselves. Users shall not have access to the Personal Data of other users, except in the case of bidders of an Exclusive Auction, after they have conducted a transaction through our platform, when both parties will receive information about the other.

Personal Password

In order to have access to the exclusive services reserved for duly registered users, users shall have a personal password to buy, sell, offer, and rate, among other activities. The password must be kept strictly confidential and under no circumstances shall it be disclosed to or shared with other persons.

User shall be responsible for all actions taken under their Nickname and Password, including payment of any fees incurred or the damage suffered by other users as a result. If a user has reasons to believe that other people know his/her password, he/she shall change it by entering from the browser menu My MercadoLibre and then clicking on My Data.

Minors

Our services are available only to individuals who can legally enter into binding contracts. Therefore, any individual failing to meet this condition must refrain from providing Personal Data to be included in our databases. However, they can do so through their parents or guardians.

Use of the Personal Data by other Users

In order to facilitate the interaction among all members of the Mercado Libre community, our service enables limited access to certain contact information of other users, such as User Name, Telephones, City and e-mail address.

Users may only use the Personal Data of other users obtained through the site for: (a) Communications related to Mercado Libre which are not unsolicited commercial communications; (b) the use of the services offered at Mercado Libre (for example: Deposit, insurance, shipping or transportation and fraud claims); and (c) any other purpose to which the relevant user expressly consents after being notified of the legally required information.

Under no circumstances may the Personal Data or e-mail address of another user be disclosed to any third party without our consent and that of the affected user. Users may not add the information of another Mercado Libre user to their emails list (whether physical or electronic), not even those of a user who has purchased an item offered through Mercado Libre without their express consent.

Personal Data in exclusive auctions

Exclusive auctions are postings in the form of auctions where the seller decides at its sole discretion which users may participate ("Exclusive Auction ").

Users wishing to take part in an Exclusive Auction must submit their bids on the posted item under such modality and await a response on the approval by the seller. The bidder will receive an e-mail from Mercado Libre informing the seller’s decision, whatever that decision may be.

Users that have entered a bid to participate in an Exclusive Action expressly authorize Mercado Libre to make available to the seller their contact information for the seller to assess whether he will authorize participation. The information to be disclosed to the seller includes the bidder’s full name, phone number, e-mail address, nickname, and feedback. This information about the users interested in taking part in the Exclusive Auctions will be available to the seller in the My Mercado Libre > Exclusive Auctions section only during the term of the auction. After the auction’s completion, the non-winning users’ information will cease to be available.

MercadoLibre is not liable for the seller’s or other person’s use of the disclosed information.

Cookies

Any user or visitor of the Mercado Libre Site knows and accepts that Mercado Libre may use a tracking system by means of cookies (“Cookies”). Cookies are small files placed on your hard drive, with a limited duration which help customize services. We also offer certain functionalities which are only available through the use of Cookies. Cookies are used to identify the interests, behavior and demography of visitors or users of our Website and enable us to have a better understanding of their needs and interests, so that we can offer them better services or provide them with related information. We will also use the information obtained through these Cookies to analyze the pages viewed by the visitor or user and the searches conducted, to enhance our marketing and commercial initiatives, to display promotions or advertisements, banners on interesting issues, and publish news about MercadoLibre, improve our offer of contents and items, and customize said contents, their presentation and services; we may also use Cookies to promote and enforce the site’s rules and security. Mercado Libre may add Cookies in the e-mails it sends to assess the effectiveness of its promotions.

Additionally, we use Cookies to allow the user to enter his/her password less frequently during a browsing session, to help count and verify the users’ registration, activities and other information for the MercadoSocios Program and other commercial agreements, always ensuring that the installation of Cookies is for the benefit of the user and that Cookies will not be used for any purposes other than those of MercadoLibre.

It is hereby established that the installation, continuance, and existence of Cookies in the user’s computer depends on his/her exclusive will, and they can be removed from the computer whenever the user so desires. To find out how to remove Cookies from your system, refer to the Help section on your browser.

Furthermore, Cookies or other similar systems installed by third parties may be found on certain pages of our Website. For example, if users browse a web page created by another user, there may be a Cookie on that web page.

It is hereby expressly established that this Privacy Policy covers the use of Cookies by this site and not by advertisers. We do not control the use of Cookies by third parties.

Web Beacons

A Web beacon is an electronic image, also called single-pixel (1x1) or transparent pixel, embedded in a webpage’s code. A Web beacon is similar in purpose to Cookies. Additionally, Web beacons are used to measure user traffic patterns from one page to another in order to optimize traffic flow across the Web. Users and visitors on MercadoLibre’s website know and accept that Mercado Libre may use a tracking system based on Web beacons.

Send this item to a friend

If you choose to use the "Send this Item to a Friend" service, Mercado Libre may request the name and e-mail of the recipient. Through this feature, Mercado Libre will send an automatic e-mail inviting the recipient to visit a specific item on the website. Mercado Libre will use the recipient’s e-mail address only to send this communication and do the relevant follow-up; however, this information will not be stored.

Based on its Privacy Policy, Mercado Libre adopts all necessary precautions to avoid unsolicited e-mails. Besides, Mercado Libre and its users do not accept spamming or unsolicited e-mails. Thus, any use of the Send this item to a friend service for spamming purposes or to randomly send e-mail messages of any nature for whatever purpose, is hereby strictly forbidden. Please, do not send this kind of messages to those who request so.

MercadoLibre may suspend or definitively ban those users who use this service to advertise their items on sale or for any other purpose other than the purpose of this service as reported by the individuals receiving such messages.

Any person who wishes not to receive these e-mail communications must request so.

Personal Data in special categories

In a posting under the “Cars, motorcycles, and other vehicles" and "Real Estate and Properties" categories, Users are allowed to include the seller’s telephone number. In any posting under the “Services” category, the Seller must include his/her e-mail address and telephone number, while the inclusion of his/her address and the URL of his/her Website shall be optional.

The Seller shall only be able to enter the referred information, as applicable, in the appropriate space at the time the item is posted. However, under no circumstances shall the Seller include this information in the description or title of the posting, nor shall it be included outside the specific space.

Neither can the Seller include any other piece of personal information, whether inside or outside the referred space.

MercadoLibre shall not be liable for any use the seller, buyer, any user or other individual may make of the information so posted.

Orders from competent authorities – Legal

Requirements

MercadoLibre cooperates with competent authorities and other third parties to ensure compliance with the laws applicable to the protection of industrial and intellectual property rights, fraud prevention and other matters.

MercadoLibre may disclose users’ Personal Data upon request by competent judicial authorities or government officials for the purpose of their investigations, even without a court or executive order or a subpoena,** **or regarding for example (and without limitation) criminal or fraud investigations or those associated with computer piracy or copyright infringement. Under said circumstances, Mercado Libre shall cooperate with the competent authorities in order to safeguard the integrity and security of the Community and its users.

MercadoLibre may (and users expressly give us their consent to) transmit any Personal Data regarding its users in order to comply with applicable laws and cooperate with competent authorities to the extent that we, at our sole discretion, deem necessary and adequate in connection with the investigation of an illegal act or fraud, the infringement of industrial or intellectual property rights or any other illegal activity or any activity for which Mercado Libre or its users may be held liable.** In addition, we may (and users expressly give us their consent to) disclose the User’s full name, nickname, address, city, region, zip code, country, telephone number, e-mail address, etc. to the members of the MercadoLibre **Intellectual Property Protection Program as we, at our sole discretion, may deem necessary or appropriate in connection with the investigation of fraud, industrial or intellectual property rights infringement, computer piracy or any other illegal activity. This right shall be exercised by Mercado Libre in order to contribute to law compliance and enforcement, regardless of the non-existence of a court or administrative order for that purpose.

Furthermore, MercadoLibre** **hereby reserves the right (and Users expressly give us their consent) to communicate any information of its users to other users, organizations or third parties if there are sufficient reasons to believe that a user’s activity is suspected of constituting, or being an attempt to commit a crime or cause harm to other persons. This right shall be exercised by Mercado Libre at our sole discretion when deemed appropriate or necessary to preserve the integrity and security of the Community and that of its users, to ensure compliance with the General Terms and Conditions and other site policies, and to contribute to law compliance and enforcement. This right shall be exercised by Mercado Libre regardless of the non-existence of a court or administrative order for that purpose.

Security and ways to avoid the use or disclosure of Personal Data. Storage and transfer of Personal Data

MercadoLibre is bound by all applicable regulations in relation to security measures applicable to Personal Data. Additionally, Mercado Libre meets the industry standards with respect to the protection of the confidentiality of Users’ Personal Data, including among other devices, firewalls and Secure Socket Layers (“SSL”). Mercado Libre treats its users’ data as an asset that must be protected against any loss or unauthorized access. We use different security devices to protect such personal information against unauthorized access by other users, whether from inside or outside our company. However, it should be noted that there is no such thing as perfect security on the Internet.

MercadoLibre users know and expressly accept that MercadoLibre, at its sole discretion, collects, stores, and monitors the exchange of messages and e-mails among users within the Mercado Libre community in order to contribute to the security of the community’s relations and communications.

For that reason, Mercado Libre shall not be liable for the unlawful access or breach of our systems or databases by unauthorized persons, nor shall Mercado Libre be liable for any wrongful use of the information thus obtained.

All users’ Personal Data shall be stored in an automated personal information archive. The Mercado Libre archive of users’ Personal Data is located in the United States. Upon registration at MercadoLibre, users confirm that they are aware of the location of this archive and authorize the international transfer of their information.

TRUSTe

MercadoLibre is a licensee of the TRUSTe Privacy Program ("TRUSTe Privacy Program"). TRUSTe is a non-profit organization promoting the application of fair and reasonable information policies. Through the TRUSTe Privacy Program, we show our commitment towards the protection of our users’ privacy and, under that program, our practices and policies are periodically reviewed by TRUSTe. Thus, users may exercise their access, rectification, cancellation, and objection rights directly through Mercado Libre or, alternatively, through TRUSTe (please refer to the "How to exercise Personal Data access, rectification, cancellation, and objection rights" section below).

Changes to e-mail preferences

Notwithstanding the fact that Mercado Libre wishes to bring its users the latest information at all times regarding promotions, news, changes, etc., users can choose which e-mails and promotional information they would like to receive from MercadoLibre.

If you do not want to receive any e-mails, you can unsubscribe by changing your e-mail preferences, following the instructions provided in our communications or signing in to your account in the Mi Mercado Libre section. In that section, can select your preferences for Mercado Libre to take into account in future communications, or you can send your preferences by postal mail to the address set forth in this Privacy Policy.

How to exercise Personal Data access, rectification, cancellation, and objection rights

Users are fully entitled to access, rectify, cancel and update their Personal Data, including their e-mail address, and they may refuse to the treatment thereof and require to be informed of any assignments made, in accordance with the provisions contained in the applicable regulations. Users guarantee and shall be held liable for the truthfulness, accuracy, validity and authenticity of the Personal Data provided. Users further undertake to keep their Personal Data duly updated.

Upon registration at MercadoLibre, users shall be able to review and change the personal information provided throughout the registration process, including:

• their Nickname and e-mail address. Notwithstanding any changes Users might introduce, Mercado Libre shall keep their previous Personal Data for security and fraud control.

• registration information, such as: company, address, city, region, zip code, main telephone number, secondary telephone number, fax, e-mail address, etc.

• their password.

In some cases, we shall keep for the period established by the applicable regulations the Personal Data Users requested to be removed, in order to resolve disputes or respond to claims, detect problems or incidents and solve them, and enforce the General Terms and Conditions. In any event, a user’s Personal Data shall not be immediately removed from our files for legal and technical reasons, including security back-up systems. Therefore, Users should not expect us to definitely delete all their Personal Data from our databases.

Users must update their Personal Data on a regular basis in line with any Personal Data changes, so that other users can trace them when making a transaction. In order to change any of the information provided at the time of registration, you can access the My MercadoLibre section and click on My Data.

For further information on the confidentiality of users’ Personal Data, contact us by postal mail or e-mail. Our Data Protection Officer is Jacobo Cohen Imach, available at privacidad@mercadolibre.com.mx, or by postal mail at Félix Cuevas No. 6 Quinto Piso Oficina 501, Colonia Tlacoquemecatl del Valle, Benito Juarez (Código Postal 03200) México, D.F., México. If you do not receive a satisfactory response, you can contact TRUSTe at www.truste.org/consumers/watchdog_complaint.php. TRUSTe will work with Mercado Libre to answer your inquiries.

Notice of changes in the Privacy Policy

MercadoLibre may at any time amend the terms and conditions of this Privacy and confidentiality Policy and/or its e-mail delivery practices. Should Mercado Libre decide to introduce any material changes to its Privacy Policy, it will notify users by posting an updated version of the Privacy Policy in this section, by e-mail, or through a notification on its homepage or other sections of the website to keep users aware of any changes.

Any material changes in the way users’ Personal Data is managed will be informed via e-mail so that users may make an informed decision on whether they accept the new treatment of their Personal Data. Should users not accept these terms, the contract relationship will terminate and their Personal Data will only be used as informed at the time it was received.