Privacy Policy

Mita Eats, S.A.P.I. DE C.V.

MitaEats.com

The corporate entity named Mita Eats, S.A.P.I DE C.V., operator of the website mitaeats.com, with its corporate address at Paseo cocoteros s/n interior 180, Nuevo Vallarta, Bahía de Banderas, Nayarit, C.P. 63732, website mitaeats.com, telephone +52 322 226 8200 ext 4493.

Mitaeats.com, manages a service that allows the users, the online services of the purchase and home delivery of food, this is made through an online system of purchase and buy.

The services are made available at the website mitaeats.com (and/or related domains), applications and phone services.

Mita Eats, S.A.P.I. DE C.V., hereinafter Mita Eats Delivery, is responsible for the use and protection of your personal information and with such regards we inform you as follows:

1. For what purposes will be use your personal information?

The personal information that we collected from you, will be used to the following purposes which are necessary for the service you requested:

a) In your quality of Client, Provider and Employee or user of our website, mitaeats.com will use your personal information for the following primary purposes:

  • For the identification, verification and contact.
  • To provide food delivery services, trustworthy deliveries, as well as to offer other products and services, through the website mitaeats.com or Mita Eats Delivery, this includes:
    • Create and update the user’s accounts.
    • Verify the identity, criminal records and other requirements from out delivery persons.
    • To allow food delivery services and other.
    • To follow up the progress of the orders or deliveries and share these facts.
    • Activate the functions that allow the users to share information with other people, per example, when they make reviews of a restaurant or a good comment about the driver.
    • Activate the functions of the users like adding favorite locations or restaurants that interest the user.
    • Make internal transactions, to solve software errors and operational problems, analysis, tests and research, as well as following up and analyze the use and activities tendencies.
  • To improve the user and services security that use the website Mitaeats.com or its APP.
    • To undertake the recruitment process of our delivery persons, before allowing them to use or services and in later intervals, even during the verification of records, when the law permits it, to avoid that no trustworthy people use our services.
    • To use the information from the delivery person´s devices to identify unsafe driving behaviors, like exceeding the speed limits and inform them about safer practices.
  • To manage your registry, account, including the access and use you made of our website www.mitaeats.com, publish your reviews, evaluations and pictures, get in contact with you about your account and about the use that you make of our website and our services, respond or follow up on your comments or inquiries.
  • Offer you a customer services, notify you about changes in our conditions or in our Privacy Notice, as indicated below.
  • Invoicing and collecting the agreed price for the services that were rendered, and other considerations that may arise on your account.
  • For your security during your presence in the offices of mitaeats.com, we establish security and surveillance measures in our facilities, which include monitoring, video cameras, control and surveillance of the physical and logical access.
  • For your care in case of health or security accidents.
  • Any other way of data management derived of your quality as a client, user of our websites or provider, such as invoicing, processing orders or integration of administrative files as documental support or of any other nature regarding the commercial relation existing with you.

b) Particularly in your quality of employee or candidate to be employed by Mita Eats Delivery, the following primary purposes will be applicable:

  • Integrate your file as employee
  • Verify the identity, criminal records and other requirements of our delivery persons.
  • For hiring processes and employment advertisement.
  • For performing socioeconomic and psychometric studies.
  • For granting labor benefits.

c) Particularly in your quality of Provider or commercial establishment and/or restaurant account from mitaeats.com, the following primary purposes will be applicable:

  • For drafting services agreements.
  • For complying with our contractual obligations.
  • For research.
  • For processing payments, receiving and/or returning the goods or services that were acquired.
  • For processing orders and integrating administrative files as documental support or of any other nature, regarding the commercial relation existing with you.

In an additional manner, we will use your personal information for the following secondary purposes which are not necessary for the requested service, but that allows and makes it easier for us to provide you a better service:

  • Marketing and advertisement
  • Commercial forecasting
  • Quality control
  • Definition of consumption patterns
  • Performing feedback and updating campaigns.

In case you do not wish that your personal information is used for these secondary purposes, we request you let us know this fact by using the option that is applicable:

  • In case you provide your information directly, please inform our staff at that time and request the corresponding form to document your denial.
  • In case you provide your information using your website, a mobile app or a travel agent/agency, you must send an e-mail to the address privacy@mitaeats.com.

2. What personal Information will we use for these purposes?

It is important to define, that not all personal data apply for the user account, business or delivery person, since they are globally grouped in accordance to the classes of personal data:

  • Identification Data: Name, last name, signature, identification document with photograph, profile picture, driver´s license, Sole Code from the Population Registry (CURP).
  • General Data: Complete address, either personal or work address, e-mail address, either personal or work e-mail address; home telephone number or office telephone number, mobile telephone number, fax number, date of birth, age, marital status and nationality.
  • Tax information: Code from the Federal Taxpayer´s Registry (RFC), as well as tax address and tax treatment (in its case).
  • Bank information: Numbers linked to banking accounts, credit and/or debit accounts, name of the cardholder or owner of the bank account, account number and name of the bank, CLABE (in its case), credit card or debit card number, expiration date of the card, type of card and security code. All this data are storage with your express consent and in case you inform us your opposition to use them, we could be impeded to provide the services that were hired since we would not be able to process the corresponding payment.
  • Sensitive personal information: Except for the medical services and labor files (including, the personal data criminal records, which is requested to our delivery drivers), Mitaeats.com, does not collect or manages personal sensitive information.
  • Sensitive personal information from sources of public access and received through consented transferred: coming from public registers, directories, social media and other legal sources available, such as personal information that has not been shared by third parties to whom you previously authorized.
  • Personal information coming from social media: Mitaeats.com will be able to collect and process personal information and data you shared in the social media of MitaEats (such as Facebook®, Instagram®, Pinterest®, Tiktok®, Foursquare®, Google® and Twitter®, among others), particularly such information you have shared in MitaEats.com´s profile, in such social media or In the profile of other companies related to Mitaeats.com., including the information you have shared with the character of “public”, as the provisions set forth on the terms and use conditions and the policies and declarations of said.
  • Personal Information coming from associated companies: MitaEats.com might receive information from other platforms that will commercialize the MitaEats.com´s services, (websites, vacation programs, reward and benefit programs and other known or to be known platforms).
  • Information about other people or referred parties: in case that you use the option “Referred parties or recommend to a friend” or if you buy products or services for another person through MitaEats.com, will have to send the personal information of such person. You must obtain the consent of those persons, before you provide their personal information.
  • Information coming from affiliated or subsidiary companies with which you have a contractual relationship with or to which you manifested your consent for them to be transferred to MitaEats.com.
  • Information used by MitaEats.com and its APP: We collected information about how the users interact with our services, as well as the date and time of access, the app´s functions or websites that were visited, app´s error and other activities of the system, type of search engine, and websites or services providing from third parties that were used before interacting with our services. In some cases, we collect this information through cookies, pixels, hashtags and similar technologies that create and maintain exclusive identification methods. To know more about these technologies, please consult our cookies policy.
  • Location information and other information from the devices: When you use the MitaEats.com application or its APP, in a mobile devise, we will collect and use the information about you, generally, in the same way and for the same purposes that when you use the website MitaEats.com. Additionally, if we have your consent, we can collect information about your location if you have configured your Device to send such information to the Application through the privacy preferences of the Device, or if you have uploaded tagged pictures with the location information. For example, we will be able to use your location to show you restaurants that are located near your location. You can change the privacy preference of your Device at any time with the Application and/or the functionality to share location information with the Application and/or the function to tag  their pictures with the location information. Please have in consideration that deactivating the shared used of the location can affect certain features of our Application. If you have any doubt about the privacy settings of your Device, we suggest you contact the Manufacturer of your Device or your service provider to get some assistance.
  • Automatic collection of information: We automatically collect certain information from your computer or mobile device when you visit MitaEats.com, or any of the websites from our affiliates sponsored by us. For example, we collect your IP address, the software of your search engine and reference website. To help us analyze the use of our websites and related services and to send you more convenient communications, we also collect and maintain a tracking method of your online activity, such as the content of your consult, the website you visit and the searches and reservations we provide and you make.

The personal information described in the aforementioned sections, are collected by: i) the use of forms or printed documents; ii) the use of e-mails and/or iii) the voluntary provision of information and personal information when you sign in at MitaEats.com or Mita Eats Delivery APP, acquires our services, you assist to our facilities, when you communicate through the phone with us or our staff (including the customer services area); iv) through our website mitaeats.com, chat applications, and also v) the use of sources of public access and other sources available within the market.

3. How we protect your personal data?

The personal data collected by Mita Eats Delivery, are protected by security, administrative and physical appropriate measures against the damage, loss, alteration, destruction, use, access and unauthorized or illegal use, the disclosure and against the accidental loss, damage or alterations, in accordance to the provisions set forth in the Federal Law on Protection of Personal Information in Possession of Third Parties and its regulations. To know more of our security measures, we request you to contact us at privacy@mitaeats.com

We make an effort to collect your personal information in secure, operative bases which are not accessible to the general public, and by applying security measures in our physical facilities to protect against the loss, wrongful use or the alteration of its personal information on behalf of our employees and third parties.

However, it is not possible to guarantee by 100% the security of any data transfer made through the Internet or of any method of data storage, with that said we cannot assure you in absolute terms, that the personal information you provide will be protected at all times. MitaEats.com, trusts that you will inform us if you experience any unusual event that may indicate a violation of the security of your information. In this case, we will make an effort to investigate if this fact was related to the transfer of information which its origin or destination is MitaEats.com, and we will inform you about the measures you can take or that have been taken to help correct the problem.

4. Information regarding minors:

MitaEats.com is a website for the general public, and it does not offer services for minors.

In case that Mita Eats Delivery is informed, that an individual under 13 years has sent us personal information, we will eliminate or destroy such information as soon as it is reasonably possible.

If you know a minor that is registered in the website of MitaEats.com, please let us know by sending an e-mail to privacy@mitaeats.com, with the purpose of eliminating the information.

5. With whom do we share your personal information and with what purposes?

  • We hereby inform you that your personal data can be transferred to third parties inside the country and abroad in case it is necessary to comply with the purposes established in this privacy notice.
  • Also we will share your personal information with independent third parties with which we need to interact to comply with the purposes established herein, such as:
    • Restaurant and Delivery persons: Some of the personal information we collect is shared with our services providers (for example, restaurants and delivery persons), who are directly implied in providing the collection service and home food delivery, which is made through us. We only provide our providers with the necessary information (for example, your address or hotel where you are staying in order for them to deliver your order, name, home telephone number, mobile telephone number, e-mail address). We recommend you read the privacy policy of the provider to determine how your personal information will be released or used.
    • Redirecting websites: If you were redirect to MitaEats.com, from another website, we can share with such redirecting website your registry information, for example, your name, e-mail, address, phone number and food preferences. We have not limited  the use that the redirecting websites are doing of your personal information, and we recommend you review the privacy policies of any website that redirected you to MitaEats.com
    • Third-Party Providers: We also share your personal information with third-party providers that offer services or transactions on our behalf, like for example, commercial analysis, payment processing, customer service, marketing, and public relations, distribution of surveys or raffle programs and fraud prevention. Besides, it is possible we authorize third-party providers to collect personal information on our behalf, which includes for example, that information that is necessary to operate our websites or Applications, or to provide the distribution of online marketing adapted to your needs. The third-party providers have access and can collect personal information only when is necessary to fulfill their purposes and cannot share or use the personal data with any other purpose. Currently, we hire different third-party online partners for them to help us to manage and improve our communications and our online activities. We use the services of marketing third-party to help us measure the efficiency of our publicity and to know how our visitors use our website.
    • Independent Third Parties: Such independent third parties, specially include bank institutions which process your payments. This transfer will be optional, and you will be able to oppose to it at any time. The third parties with which we will share your information could be:

Third Party

Country

Purpose

Type of transfer

Bank Institutions

Mexico

Payment processing

Voluntary

 

Authorize:

 

Yes_____

 

No_____

Tax Administration Service

Mexico

Comply with the tax provisions in force through the filing of periodic tax returns.

Mandatory

 

Federal Consumer Agency

Mexico

Handling procedures provided by the Federal Consumer Protection Act

Mandatory

Finally, we hereby point out that we will transfer your information in the cases provided by Article 37 from the Federal Personal Data Protection in Possession or Particular Parties Act, in force in Mexico, which expressly provides the possibilities of sharing your personal data with competent authorities and controlling, subsidiary and affiliate companies under the common control of the responsible party, or to a controller company or to any other company of such, which are:

I. When the transfer is provided by Law of a Treaty in which Mexico is a party;
II. When the transfer is necessary for the prevention or the medical diagnosis, providing sanitary assistance, medical treatment or management of sanitary services;
III. When the transference is made by controlling companies, subsidiaries or affiliated under the common control of the responsible, or to a controlling company or any company of the same group of the responsible that operates under the same processes and intern policies;
IV. When the transfer is necessary due to a contract entered into or to be entered into in interest of the owner, responsible

6. Conservation Terms:

MitaEats.com., will storage the personal data for the time it is necessary to fulfill with the purposes due to which it collected the information, including the purposes of complying with any legal, accounting or reporting purposes, in accordance with the provisions set forth on Article 37, from the Federal Law on Protection of Private Data in Possession of Particular Parties, in force in Mexico.

With the purpose of determining the appropriate storage term, we have in consideration the amount, nature and the confidentiality degree of the personal data, and the potential risk of damages that will arise due to the unauthorized use or release of your personal information, the purposes due to which we will process such data and if we can accomplish such purposes through other means, as well as the legal provisions in force.

7. How can you access, rectify or cancel your personal information or oppose to its use?

You have the right to know that personal information we have from you, for what we use it and the use conditions we give them (Access Right). Likewise, it is your right to request us to correct your personal information in case this is not updated, is inaccurate or incomplete (Rectification Right); that we eliminate it from our records or data bases when you consider such information is not being used adequately (Cancellation Right); as well as to oppose the use of your personal information for specific purposes (Opposition Right). These are your rights which are known as ARCO rights.

With regards to the proceeding and requirements to exercise your ARCO rights, we inform you the following:

a) What information, documentation and requirements will have to be enclosed to the application?

With regards to the general requirements will have to be complied by the application, these are as follow:

  • Name of the owner of the personal information.
  • Documents that prove the identity of the owner of the personal information (passport, vote credential issued by the National Electoral Institute, State or Federal Professional Credential or driver´s license).
  • In its case, the name of the owner´s agent and documents to prove the identity and capacity from the agent. In case of agents for individual, the representation will be proven by the following 3 options: a) public deed (document issued by a Notary Public), b) proxy signed before two witnesses (attaching a simple copy of your official identification documents), c) personally appearing with your representative to declare as owner with the agent´s presence, presenting your official identification documents (passport, vote credential issued by the National Electoral Institute, State or Federal Professional Credential or driver´s license).
  • Address or any means to receive any notices.
  • Clear and precise description of the personal information and the right that you want to exercise or what you are requesting.
  • The information or documents which facilitate the identification of the information subject matter of the petition (for example, membership number, check-in date, reservation number, days of the stay, etc).

Likewise, with regards to the kind of request, we ask you to please indicate the following additional information, with the purpose of your request to be complied in the most efficient way:

  • Access Right
    • Indicate the manner in which you prefer the personal information that was requested to be reproduced.
  • Rectification Right
    • Specify the changes which are requested to the personal information, as well as to provide the documents that support such request.
  • Cancellation Right
    • Mention the causes that support the elimination of information request from the records, registries or data bases from the responsible.
  • Opposition Right
    • In case that the request is about a particular treatment, the specific purposes about your wish to exercise such right must be mentioned.
  • Revocation of Consent:
  • You can revoke the consent, which in its case you provided us to manage your private information. However, it is important you acknowledge that not in all cases we will be able to comply with your request or terminate the use immediately, since it is possible that due to a legal obligation, we are required to keep managing your personal information. Likewise, you will have to consider that, for certain purposes, revoking your consent will imply that we will not be able to keep providing you the service you requested, or the termination of your relationship with us.

b) Through which means the owner of the personal data can prove its identity, and in its case, its representative, as well as this latter capacity?

For exercising any of the ARCO rights, you will have to file the corresponding request through the following means:

By e-mail to the address privacy@mitaeats.com, or also you will be able to contact our Personal Information Department for you to process such request, obtain orientation and obtain the corresponding form. The address of our Personal Information is Paseo cocoteros s/n interior hotel Marival Emotions, Nuevo Vallarta, Bahía de Banderas, Nayarit, C.P. 63732, telephone number +52 322 226 8200 ext 4493.

The official form to process ARCO requests for Mita Eats, S.A.P.I. DE C.V., can be requested in the e-mail address privacy@mitaeats.com

c) In how many days we will answer your request?

20 work days

d) How will we inform you the answer to your request?

By e-mail or postage service

e) By which means the personal information you requested can be reproduced?

In the same manner it was provided by the client.

f) We place at your disposal the following forms or systems to make it easier for you to exercise your ARCO rights:

The forms or corresponding systems and orientation about the exercise of the ARCO rights can be obtained by contacting our Personal Data Department at the following e-mail address: privacy@mitaeats.com, or in its physical address located at Paseo cocoteros s/n interior hotel Marival Emotions, Nuevo Vallarta, Bahía de Banderas, Nayarit, C.P. 63732, telephone number +52 322 226 8200 ext 4493. You will also be able to download the form directly from here.

g) Exercising my ARCO rights will have any cost?

Exercising your ARCO rights is free. However, you can be required to cover only the justified shipping cost or the cost of the reproduction in copies or other formats. In the same manner, if the same person reiterates the request in less than twelve months, the costs will not be larger than three days of the General Minimum Wage in force in Mexico City, unless there are substantial amendments to the privacy notice, which motive further consults.

h) What would happen if a request is incomplete or all the information required for the process is not enclosed to the form?

In case that your request does not have the information described on section 4 Requirements (sections a and b) or, of its not clear, correct or complete, Mita Eats, S.A.P.I. DE C.V., will request the owner of the information, to provide the missing information, to process the request in the 5 work days following the reception of the request, provided that if such notice is not answered, the request will be considered as if it was not filed.

The owner will have 10 work days, to comply with Mita Eats, S.A.P.I. DE C.V., since the next day in which the request was received. In case that the owner complies with such information request, the term given for the responsible to process such request, will start to be computed the next day in which the owner answered the request.

For more information about the procedure, we place at your disposal the following means:

  • E-mail: privacy@mitaeats.com
  • Contact our protection of data department, which is in charge of processing the ARCO rights request, in the following contact information:
  • Name of the person or personal data department: Personal Data Department.
  • Address: Paseo cocoteros s/n interior hotel Marival Emotions, Nuevo Vallarta, Bahía de Banderas, Nayarit, C.P. 63732.
  • E-mail: privacy@mitaeats.com
  • Telephone number: +52 322 226 8200 ext 4493.

8. How can you limit the use or release of your personal information?

With the purpose of you being able to limit the use and release of your personal information, we offer you the following means: the client can limit the use and release of your personal information by sending an email where the case is specifically explained to the following e-mail address: privacy@mitaeats.com

Additionally, we inform you we have the following exclusion lists, in which you will be able to register or, unsubscribe of your mailing platforms, for your personal information not to be managed for certain purposes (principally secondary purposes):

 Name of the List

Purposes to which it is used

Means to obtain more information

Info

Processing and general management of your food delivery services, as well as hiring other complementary services.

info@mitaeats.com

 

9. The use of tracking technologies by our website:

We hereby inform you that in our website we use coolies and other technologies, through which it is possible to monitor your behavior as an internet user, as well as to provide you a better service and experience when browsing through our website. The personal information we gather through this technologies will be used for the following purposes:

To monitor and prevent the wrongful use of the digital platforms: to improve our digital tools and update them as technology evolves; and to offer personalized content.

The personal information we obtain from this tracking technologies are the following:

  • Identification tools, user names and password from one section.
  • Preferred language by the user
  • Region where the user is located
  • Type of search engine used by the user.
  • Operative system from the user.
  • Websites visited by the user.
  • Searches made by the user.
  • Publicity and advertisements reviewed by the user.

For more information we suggest you consult our Cookies Policy:

10. How can you know the amendments of this Privacy Policy?

This privacy policy can be modified, amended or updated deriving from new legal requirements: from our own needs due to the products or services we offer; for our privacy practices; changes in our business model or due to other causes.

We are committed to keep you inform about the changes that this privacy notice might suffer, by: sending emails and through the website mitaeats.com

The procedure through which the notifications about the changes or updates of this privacy policy will be made is the following:

The changes or updates to the privacy notice will be informed through the means described in this policy and will be effective 1 week after. In case of any doubts or comments the clients will have to address them to privacy@mitaeats.com

Update date: December 4, 2020.

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