LolaFlora Privacy Notice
Last updated: December 2020.
I. Data Controller.
LF FLORA MEXICO, S. de R.L. de C.V. (hereinafter referred to as “LolaFlora”) with address at Av. Fernando Montes de Oca - int 57, San Miguel Chapultepec I, Miguel Hidalgo, CDMX, 18500, in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (the “Law”), is responsible for the processing of personal data that we collect within the website https://www.lolaflora.com.mx (the “Site”) and a mobile application (the “Mobile Application” and jointly with the Site, the “Platform”) from certain individuals and legal entities that use the Platform to purchase or market certain products (the “Data Subjects”).
Data Subjects can send an email to the ARCO (access, rectification, cancellation, and opposition) controller, who will be in charge of the care and management of their data, at the following email address: privacy@lolaflora.com or by phone: [+52 55 7100 0520].
II. Purposes of processing.
The personal data that we collect through the Platform will be used for the following purposes, as they are necessary to provide our services to the Data Subjects:
1. Provide the services and products required by the Data Subject through the Platform;
2. Market, acquire, elaborate, and distribute products through the Platform;
3. Inform about changes or new products or services related to those contracted or acquired through the Platform by the Data Subjects;
4. Comply with obligations contracted with the Data Subjects through the Platform;
5. Evaluate the quality of the services provided through the Platform;
6. Store the information provided by the Data Subject within the Platform.
7. Issue invoices for the commercialization and distribution of products on the Platform.
8. Verify and confirm the identity or any data of the Data Subject or the person receiving products from the Data Subjects who market and provide services through the Platform;
8. Conduct and follow up on inquiries, investigations, and/or reviews of activities, operations, complaints, and/or claims related to the products or services provided by LolaFlora through the Platform;
9. Comply with any applicable legal provision, and
10. Conduct internal studies on consumption habits.
11. Send advertising and promotions to Data Subjects.
12. Verify payment data and anti-fraud control.
LolaFlora reserves the right to modify the aforementioned purposes in accordance with section XI of this Privacy Notice.
III. Personal data to be collected and processed
1. Registration.- When the Data Subject registers on the Platform to acquire or market certain products, they will provide the following data to create an account with LolaFlora:
- First and last names
- Address
- Date of birth
- Landline phone
- Mobile phone
- Email address
- Payment, billing, and bank information
- Facebook ID, if applicable
The aforementioned data, which the Data Subject provides on the Platform for the purpose of acquiring or marketing the products displayed thereon, will be stored by LolaFlora.
Personal data may and will be shared with a third party or parties unrelated to LolaFlora, who may be in charge of providing the services or commercializing the products offered from the Platform, for the exclusive purpose of fulfilling the Data Subject's request.
LolaFlora will use the information shared by Data Subjects through the Platform to carry out and fulfill the processing purposes mentioned in section II of this Privacy Notice.
LolaFlora may use such information for promotional purposes or to offer services or products.
2. Use of services.- When using the Platform, Data Subjects may share certain data via video or text message.
In this regard, Data Subjects acknowledge and accept that LolaFlora will not be responsible for the use made by Data Subjects, individuals or legal entities, who market products through the Platform, of the data shared by the Data Subject through the means mentioned in the previous paragraph.
3. Customer service.- As part of the services, the Data Subject may provide LolaFlora with information related to the use of the Platform and the services provided through it. This data will be used by LolaFlora to contact the Data Subject for the purpose of providing direct assistance to the Data Subject regarding the Platform.
4. Payment information.- LolaFlora uses external providers to process payments made through the Platform. LolaFlora has access to this payment data and may store it to fulfill its obligations with the Data Subject. By accepting this Privacy Notice, the Data Subject must ensure to review and accept the privacy policies and the data processing practices of the payment providers.
This Privacy Notice applies to the information that LolaFlora collects on and through the Platform or that the data subject provides directly when visiting or using the Platform, online services, messaging services, social networks, and when we obtain information from other sources permitted by applicable law.
The Platform contains links to third-party sites that are not owned or controlled by LolaFlora.
IV. Data Transfer
We inform you that the Data Subject's personal data are shared with third parties with whom you interact through the Platform for the purpose of fulfilling the services provided by LolaFlora and for the acquisition or sale of products through the Platform. By accepting this Privacy Notice, the Data Subject acknowledges and accepts that LolaFlora shares their data for the purpose of fulfilling the services requested by the Data Subject and for the acquisition or sale of products through the Platform.
LolaFlora will share the following personal data with the individuals listed below:
Recipient
Data shared
Purpose
Individuals and legal entities (Data Subjects) who commercialize products and services within the Platform
Address, full name, date of birth, landline or mobile phone number, and billing information of Data Subjects who acquire products through the Platform.
Address and name of the person to whom products are delivered by Data Subjects who commercialize or provide services through the Platform.
The purpose of transmitting this data is to allow certain individuals and legal entities to acquire and have certain products distributed to them through the Platform, as well as to fulfill obligations regarding services and product commercialization provided through the Platform.
Individuals and legal entities (Data Subjects) who acquire products through the Platform.
Address, full name, date of birth, landline or mobile phone number, and billing information of Data Subjects who sell, commercialize, and distribute products through the Platform.
The purpose of transmitting this data is to promote and mention the owner of the products on display on the Platform and the people who distribute them, as well as to fulfill obligations regarding the commercialization and distribution services of products provided through the Platform.
Recipients of products or services acquired by Data Subjects
Name of the Data Subject who acquires the services and Products through the Platform
The purpose of transmitting this data is to deliver the products or services acquired by the Data Subject who acquires them through the Platform.
The Data Subject acknowledges and accepts that in the event they contact other individuals and legal entities who use the Platform and personal data are transferred without LolaFlora's consent, LolaFlora will not be responsible for the data transferred without its consent, whether by telephone, email, or instant messaging.
LolaFlora will only be responsible for data transferred through its Platform; if Data Subjects transfer data through other platforms or communication methods, this Privacy Notice will not apply.
Likewise, the Data Subject's data may be transferred by LolaFlora without the Data Subject's consent under the terms of article 37 established in the Law and other applicable legislation.
V. Information to which the Data Subject will have access
LolaFlora grants the Data Subject access to their account information and their operations with LolaFlora for the sole purpose of allowing them to view and, in certain cases, update such information.
VI. Rights of Access, Rectification, Cancellation, and Opposition (ARCO).
The Data Subject has the right to know what personal data LolaFlora holds about them, what it is used for, and the conditions of its use (Access). Likewise, it is the Data Subject's right to request the correction of their personal information if it is outdated, inaccurate, or incomplete (Rectification); to have it removed from LolaFlora's records or databases when the Data Subject considers that it is not being used in accordance with the principles, duties, and obligations provided for in the regulations (Cancellation); as well as to object to the use of their personal data for specific purposes (Opposition). These rights are known as ARCO rights.
To exercise ARCO rights, the Data Subject must submit the respective request via email to privacy@lolaflora.com. This request must contain: (i) the Data Subject's full name and address for communication of the response; (ii) a copy of the document proving identity or, where applicable, the Data Subject's legal representation; (iii) a description of the personal data for which an ARCO right is sought; (iv) any other element that facilitates the location of personal data; (v) the ARCO right to be exercised; and (vi) a brief account of the reasons why the Data Subject intends to exercise the ARCO right.
LolaFlora will communicate its response to the Data Subject's request within a period of 20 (twenty) business days granted by the Law following the submission of the request. The cancellation of data will be subject to the provisions of article 26 of the Law.
VII. Revocation of consent.
The Data Subject may revoke consent for the processing of their personal data, for which purpose the Data Subject must send the respective request via email to privacy@lolaflora.com, accompanied by the information and documentation mentioned in the section "Rights of Access, Rectification, Cancellation, and Opposition" of this Privacy Notice. However, it is important to note that, for certain purposes regarding the fulfillment of contracted obligations, the revocation of the Data Subject's consent could mean that LolaFlora is unable to continue providing the requested service, or the termination of the Data Subject's relationship with LolaFlora. Likewise, it should be considered that LolaFlora may not always be able to address the Data Subject's request or stop the use immediately, as it is possible that due to some legal obligation, LolaFlora may need to continue processing the Data Subject's personal data for an additional period.
To revoke their consent, the Data Subject must submit their request through the Platform. To learn about the procedure and requirements for revoking consent, the Data Subject can contact LolaFlora through any of the following means: (i) email: privacy@lolaflora.com, (ii) LolaFlora contact number [+52 55 7100 0520].
VIII. Limitation on the use and disclosure of personal data.
Additionally, to allow the Data Subject to limit the use and disclosure of their personal information, we offer the following means:
The Data Subject's registration in the Public Registry to Avoid Advertising, which is managed by the Federal Consumer Protection Agency ("PROFECO"), so that their personal data is not used to receive advertising or promotions from goods or service companies. For more information about this registry, the Data Subject can consult PROFECO's website or contact them directly.
IX. Security locks
To provide greater protection and confidentiality to the Data Subject's personal data, LolaFlora will implement all possible security measures, such as the use of security locks through proprietary development software.
Notwithstanding the foregoing, and since such measures are provided by third parties, LolaFlora will not be responsible for security breaches of the Platform that may be caused by third parties.
X. The use of cookies, web beacons, or any other similar or analogous technology
1. Information collection sites
LolaFlora uses various Platforms and sites to collect information using "cookies," which are text files placed on your computer, to help the site analyze how Data Subjects use them.
2. Information collected through cookies and similar technologies
LolaFlora and its service providers use "cookies," "web beacons," and other technologies to receive and store certain types of information each time Data Subjects interact with the Platform through their device. A "cookie" is a small file containing a string of characters that is sent to your device when you visit a website. When you revisit the Platform or the service providers' sites, the "cookie" allows the service providers' sites to recognize your browser. "Cookies" can store unique identifiers, Data Subject preferences, and other information. You can reset your browser to refuse all "cookies" or to indicate when a "cookie" is being sent. However, some functions or services of the Platform or the service providers' sites may not function correctly without "cookies." We use "cookies" to improve the quality of our service, including to store Data Subject preferences and track Data Subject trends.
For their part, web beacons are images inserted into an internet page or email, which can be used to monitor a visitor's behavior, such as storing information about the Data Subject's IP address, the duration of interaction time on said page, and the type of browser used, among others.
We inform you that we use cookies and web beacons to obtain personal information about the Data Subject, such as the following:
- Data Subject's browser type and operating system.
- The internet pages they visit.
- The links they follow.
- The IP address.
- The site the Data Subject visited before entering the Platform.
These cookies and other technologies can be disabled. There are various sites on the Platform that can connect to other websites that do not operate under the Platform's privacy policies. When the Data Subject connects to other websites, the Platform's privacy practices, as well as this Privacy Notice, are no longer valid. We invite Data Subjects to review the privacy policies, as well as the corresponding Privacy Notice of each site before disclosing any personally identifiable information. All collected data must be updated for the purposes for which it was collected, and if the data is no longer necessary for the purposes foreseen by LolaFlora, it must be canceled.
XI. Modifications to the Privacy Notice.
This Privacy Notice may undergo modifications, changes, or updates derived from new legal requirements; from our own needs for the products or services we offer; from our privacy practices; from changes to our business model, or for other causes.
These modifications will be available to the public through the following means:
- Visible announcements on the site (https://www.lolaflora.com.mx/privacidad)
- We will send them to the last email address you provided to us;
XII. Consent
By entering and using the Platform, the Data Subject grants their consent for the processing of their data in accordance with this Privacy Notice.
Any questions or comments regarding this Privacy Notice, as well as the exercise of any other rights that correspond to them by Law, should be addressed to the Privacy Notice officer at the email address privacy@lolaflora.com.
Notwithstanding the foregoing, if the Data Subject considers that the processing of their personal data constitutes a violation of the provisions of the Law, they may contact the National Institute for Transparency, Access to Information and Personal Data Protection ("INAI").
Similarly, if the Data Subject considers that their right to personal data protection has been violated by the conduct of our employees or by our actions or responses, or presumes that there is a violation of the provisions of the Law in the processing of their personal data, they may file the corresponding complaint or denunciation before the National Institute for Transparency, Access to Information and Personal Data Protection ("INAI"). For more information, please visit.