INTEGRAL PRIVACY NOTICE FOR THE MOBILE APPLICATION "MOYO"
PROMOCIONES INMOBILIARIAS NATURISTAS, S.A. DE C.V., (hereinafter the "Responsible") indicating for the purposes of this Privacy Notice the address located at Calzada San Bartolo Naucalpan number 360, Colonia Argentina Poniente, Alcaldía Miguel Hidalgo, Mexico City, C.P.11230, is responsible for the treatment of the personal data you provide us, which will be protected in accordance with the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals, its Regulations and other applicable regulations, and in this regard we inform you as follows:
What personal data will we use?
To carry out the purposes described in this Privacy Notice, we may collect in our application called "MOYO" (hereinafter "App"), from you the following information and data:
- Complete name.
- E-mail address.
- Cell phone number.
- Gender.
- Date of Birth.
We inform you that, for the purposes set forth in this Privacy Notice, no sensitive Personal Data will be collected from you.
For what purposes will we use your personal data?
Your personal information will be used for the following PRIMARY PURPOSES, which are necessary to provide you with our products and/or services:
- a) To register and verify your identity to access your registered account.
- b) To provide you with access and allow you to use all the functionalities of the App.
- c) To integrate your (electronic) file as a customer.
- d) To respond to doubts, suggestions or complaints made by you regarding the services of the App.
- e) To provide the services of the App.
- f) To personalize your user experience and adapt the content of the App to your preferences.
- g) So that you can acquire, reactivate or cancel our memberships.
- h) So that you can be eligible for our benefits for seniority.
- i) To give you gifts.
- j) To find the "MOYO" store closest to you.
- k) To provide you with updated and relevant information of the App.
In addition to being used for the primary purposes, your personal data will be used for other SECONDARY PURPOSES that, although not essential, are highly beneficial, to improve the quality of our service, improve our products and carry out advertising and promotional activities related to them. These are listed below:
- a) To build consumer profiles.
- b) To send promotions of our products.
- c) To send birthday cards or some recognition as a customer.
- d) To conduct marketing, advertising or commercial prospecting studies.
- e) To create and implement analytical and statistical processes for the development of products and / or services.
If you do not want your personal data to be processed for any of the secondary purposes described above, please send an email to protecciondedatos@herdez.com, indicating that you do not want your data to be processed for secondary purposes.
To whom may we transfer your personal data?
| TARGET | PURPOSE | DO WE REQUIRE YOUR CONSENT? |
|---|---|---|
| Competent authority. | Compliance with laws, treaties, agreements to which we are bound or to comply with official requirements. | No |
| Subsidiaries, affiliates or any company of the same group to which the responsible party belongs. | Support in the development of the product and service offered. | No |
| Companies that provide App development services. | To develop, operate, improve and provide App services. | No |
How can you access, rectify or cancel your personal data, or oppose to its use? (ARCO RIGHTS)
You may exercise your ARCO rights by submitting a free writing addressed to the Department of Personal Data Protection through the email protecciondedatos@herdez.com, with the following information: 1) Name of the owner of the data, address, telephone number and email address; 2) Copy of the owner's valid official identification (INE, passport, military ID); 3) In case of being the owner's representative, a copy of the public instrument containing the powers or a power of attorney signed by the owner, his representative and two witnesses; 4) Clear and precise description of the data to be Accessed, Rectified, Canceled or Opposed. In case of rectification of personal data, it must indicate the exact modification and attach supporting documentation; 5) Any element that facilitates the location of the personal data.
The Personal Data Protection Department will respond within a maximum period of 20 (twenty) business days from the receipt of the request through the e-mail address provided by the owner in the request.
If you wish to know more details about the procedure for the exercise of these ARCO Rights, you can send an e-mail to the above mentioned e-mail address.
How can you revoke your consent to the use of your personal data?
You may revoke the consent, if any, you have given us for the processing of your personal data. To revoke your consent you must submit a free writing addressed to the Department of Personal Data Protection through the email protecciondedatos@herdez.com, with the following information: 1) Name of the owner of the data, address, telephone and email; 2) Copy of the holder's current official identification (INE, passport, military ID); 3) In case of being a representative of the holder must attach a copy of the public instrument where the powers are recorded or in its case a power of attorney signed by the holder, his representative and two witnesses; 4) Clear and precise description of the personal data in respect of which the revocation of consent is sought; 5) Any element that facilitates the location of the personal data.
The Personal Data Protection Department will respond within a maximum period of 20 (twenty) business days from receipt of the request through the email address provided by the owner in the request.
If you wish to know more details about the procedure for the revocation of consent, you can send an e-mail to the above mentioned e-mail address.
How can you limit the use or disclosure of your personal information?
In order for you to limit the use and disclosure of your personal information, we inform you that you can register in the following registry: Registro Público para Evitar Publicidad (Public Registry to Avoid Advertising), for more information please consult the website of the Procuraduría Federal del Consumidor (PROFECO).
How can you find out about changes to this privacy notice?
This privacy notice may be modified, changed or updated due to new legal requirements, our own needs for the products or services we offer, our privacy practices, or other causes. In case there is a change in this privacy notice, we will inform you through the "MOYO" App. It is the user's responsibility to periodically review the Privacy Notice to be aware of changes.
If you have any questions or concerns about this Privacy Notice or the treatment of your personal data, please do not hesitate to contact us at protecciondedatos@herdez.com.
We appreciate your trust in our App and are committed to protecting your privacy and maintaining the security of your personal data.
Last update: August/2023
LEGAL TERMS AND CONDITIONS
You are accessing the Application (hereinafter "App") of PROMOCIONES INMOBILIARIAS NATURISTAS S.A DE.C.V. (hereinafter "MOYO").
Please read carefully the Legal Terms and Conditions that regulate the access and use by users (the "User" or "Users") of the App of MOYO and/or affiliates and/or subsidiaries and/or any page and/or application of the brands belonging to MOYO, since the access and use of the App attributes the condition of User thereof and constitutes the understanding and acceptance of the Legal Terms and Conditions set forth herein.
This App can be visited by any User freely and free of charge subject to these Legal Terms and Conditions.
The content of this App is intended to provide the User with general information and/or benefits of our loyalty program related to MOYO, which does not imply or warrant that the information contained herein can meet the requirements of precision, detail or accuracy required in the User's judgment. In such virtue, the content is of an informative nature, so the interpretation is personal to each User. The use of this APP is only for adults.
MOYO assumes no liability whatsoever, derived from the fact that the information available in this App is not accurate or complete and reserves the right to modify the content of the App at any time and without prior notice to the User, including these Legal Terms and Conditions. The modifications made will take effect immediately upon their incorporation in the App.
The information in this App is related to products marketed exclusively in the United United Mexican States, and should be considered as a shopping App, benefits and rewards where Users can purchase MOYO products within the national territory. Therefore, the information contained in the App is applicable within the territory of the United Mexican States and MOYO does not guarantee that it complies with the laws of other countries, therefore, the User is solely responsible for complying with local laws that apply if you access the App from anywhere outside the United Mexican States.
By accessing this App, the User accepts and acknowledges that MOYO is not responsible at any time for the lack of communication, interruption, failure or disabling of the App for reasons not attributable to MOYO; as well as that it shall not be liable for any damage or harm, including but not limited to, technical failures of any kind, including damage to personal computer equipment, cell phone, tablet and/or any device used by Users to access the App or to experience or appreciate the materials related thereto, unauthorized human intervention, delays, distortions or interference in telephone or computer transmissions or other errors of any kind, whether human, electronic or mechanical. In the same regard, MOYO shall have no liability whatsoever for any loss caused by viruses that may infect your computer or other property on account of your use of, access to or downloading of any materials from this App. If the User chooses to download materials from the App, it shall always be at the User's own risk and any misuse or misappropriation of the information shall be solely at the User's own risk.
All information such as but not limited to: Images, Videos, Texts, Trademarks, Products, Commercial Advertisements, Domain Names and Designs, Reports, Policies, Press Releases, MOYO's History and other similar (referred to herein as "Information") contained in this App, are property of MOYO, its owners and/or licensees, being therefore protected by international conventions and Mexican legislation on industrial and intellectual property.
Nothing contained in this App should be construed as granting any license to use or right to use the Information displayed, so any use, total or partial reproduction of the Information or any content thereof is prohibited.
The App may or may not contain a section dedicated to a "blog" or forum, where Users may expose various issues of interest in relation to MOYO's activity, so MOYO will only act as moderator within the "blog" or forum and the opinions, comments and / or writings of the Users, will reflect only their personal opinions and/or criteria, so MOYO is not responsible for them. However, MOYO reserves the right to delete offensive, vulgar, racist or any other quality that may offend other people, MOYO and/or its brands.
The User agrees to use the App, its contents and/or services diligently and in accordance with these Legal Terms and Conditions; as well as with the law, morality, public order and good customs.
MOYO reserves the absolute right to deny or withdraw access to the App and/or the services contained herein, at any time and without prior notice to the User who does not comply with the provisions of these Legal Terms and Conditions.
Likewise, MOYO reserves the right to restrict, terminate or terminate the access to this App, to the User who attempts to deliberately damage or alter the App or any of its sections, spoil, modify or prevent the legitimate operation of the same, for what constitutes a violation of Federal and Local Laws, reserving MOYO the right to act by Civil and/or Criminal and/or any other means, with the purpose of claiming the repair of the damage and the corresponding compensation for Damages.
MOYO LOYALTY PROGRAM (MOYO LOVERS)
This program is intended for those consumers of Moyo products, to encourage their loyalty.
VALIDITY
The validity is annual.
PARTICIPANTS:
By downloading the MOYO APP you are accepting the rules of the terms and conditions and must provide the requested information, which will be truthful, without falsification or impersonation of accounts.
Only adults will be able to participate.
TREATMENT OF YOUR PERSONAL DATA
Our Privacy Notice describes how we collect, use and share your personal data. By using the MOYO App, you tacitly consent to our Privacy Notice, which forms part of these Terms and Conditions. We recommend that you carefully read our Privacy Notice before using the App. We also inform you that PROMOCIONES INMOBILIARIAS NATURISTAS, S.A. DE C.V. (hereinafter the "Responsible Party") with address at Calzada San Bartolo Naucalpan, number 360, Colonia Argentina Poniente, Alcaldía Miguel Hidalgo, Mexico City, C.P.11230, is responsible for the processing of the personal data you provide us, which will be protected in accordance with the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals, its Regulations and other applicable regulations (hereinafter jointly referred to as the "Applicable Law"). Therefore, you acknowledge that the Responsible has made available to you the corresponding Privacy Notice, which can be consulted at any time within the App. Furthermore, you state that you have been informed in accordance with the Applicable Law about the identity and address of the Controller, the personal data that the Controller will collect, the primary and secondary purposes of the processing of such data, the means offered to limit the use or disclosure of your data and/or revoke your consent, as well as to exercise your rights of access, rectification, cancellation and opposition (ARCO), and the transfers of your data, if necessary for the fulfillment of the obligations arising from these Terms and Conditions.
We reserve the right to modify our Privacy Notice at any time. The modifications will become effective when they are published on the App. It is the user's responsibility to periodically review the Privacy Notice to be aware of changes.
LEGALS:
- In case PROMOCIONES INMOBILIARIAS NATURISTAS, S.A. DE C.V. detects that one or more users have downloaded the MOYO APP through methods not established or not described in these terms and conditions, PROMOCIONES INMOBILIARIAS NATURISTAS, S.A. DE C.V. shall be entitled to delete the records of such members without any responsibility and without notice.
The downloading of the APP MOYO implies the submission to the rules and decisions of PROMOCIONES INMOBILIARIAS NATURISTAS, S.A. DE C.V. in the understanding that any violation to the present bases and conditions or, to the mechanism established for the realization of the APP MOYO, has as a consequence the immediate exclusion of the person who has incurred in such violation or, in its case, the definitive revocation of the same.
PROMOCIONES INMOBILIARIAS NATURISTAS, S.A. DE C.V. is not responsible for system failures, incomplete emails or problems caused by the server, communication problems, fraud, shipping problems or problems of any nature, whether mechanical, human or electronic.
MECHANICS AND RESTRICTIONS:
- To become an exclusive member of the MOYO LOVERS program, you must download the MOYO APP and register with the data requested by the APP.
The MOYO APP will generate a virtual card with a bar code, which you must present with every purchase you make.
Participants must reside in the Mexican Republic..
To participate you must:
- You must download the MOYO APP and register.
- Members must be over 18 years old.
- Every purchase you make will earn you points, which are defined as hearts.
- The amount paid with points does not apply for accumulation.
- There is no retroactive accumulation of points.
- Point accumulations will be reflected within 2 to 3 business days.
- Maximum 3 point accruals will be allowed per day.
- From 9:00 p.m. to 10:00 a.m. the following day no transactions of any kind are allowed.
- If the user does not have internet, he/she must have access to his/her virtual card so that at the point of sale the barcode can be read and the corresponding points accumulated. The user will be able to consult in the MOYO APP when he/she has internet.
- There are no refunds, unless it is a cashier's error or product defect.
- A 10% bonus of the purchase will be given on the value of the ticket
- For the redemption of points it is essential to present the digital card of the MOYO APP.
- When paying for products with hearts, these are not billable.
- The validity of the virtual card is indefinite.
- The validity of the points is 12 months from the activation of the digital card (at the first login in the application
- The minimum purchase amount is $45.00 (forty-five pesos 00/100 M.N.)
- The MOYO APP can be downloaded for free on IOS and android system.
- You can accumulate hearts in all Moyo stores nationwide, except MINI MOYO.
- Users will be able to change levels according to the points accumulated in each purchase. The levels are:
MOYO FAN LEVEL: All new users to the app will start at this level
BENEFITS:
- -BIRTHDAY BIRTHDAY: Free small ice cream with topping, valid the month of your birthday, subject to minimum purchase of $45. Available 60 days before your birthday as long as you have already downloaded the Moyo app.
- Welcome gift to the Moyo APP consisting of free cone (flavor of consumer's choice)
- 1 free cone when making your first purchase once you have downloaded the app, valid
MOYO LOVER LEVEL: When accumulating 300 Moyo hearts
BENEFITS:
- BIRTHDAY: Gift of small ice cream with topping, valid the month of your birthday, subject to minimum purchase of $45. Available 60 days before your birthday as long as you have already downloaded the Moyo app.
- Loyalty plan permanence anniversary: 10 gift hearts will be credited on each anniversary of the customer's subscription, to be made on the date on which the card is activated.
- Additional points conditioned to the active promotion key and according to the calendar published in the App in that period.
- The permanence will last 1 year and after that year you must accumulate the same number of points to remain at this level again.
MOYO ADDICT LEVEL: When accumulating 500 Moyo hearts in 12 months
BENEFITS:
- BIRTHDAY: Gift of small ice cream with topping, valid the month of your birthday, subject to a minimum purchase of $45. Available 60 days before your birthday as long as you have already downloaded the Moyo app.
- Loyalty Anniversary of permanence plan: Credit of 10 gift hearts on each anniversary of the customer's subscription, will be made on the date on which you activate your card
- Additional points conditioned to the active promotion key and according to the calendar published in the App in that period.
- Welcome gift at the highest level with exclusive Merch of the brand.
- The permanence will last 1 year and after that year you must accumulate the same number of points to remain at this level again.
- Upon completion of the accumulation of points, it will take 2-3 days for the level change to be reflected in the Moyo App.
- The policies, mechanics and restrictions are not subject to appeal, nor are they subject to negotiation
- The Terms and Conditions are subject to change without prior notice, which will not generate responsibilities or compensations of any kind in favor of third parties by PROMOCIONES INMOBILIARIAS NATURISTAS, S.A. de C.V.
- Account deletion: The Legal Conditions shall remain in force as long as the User uses the platform and his account remains open. The user can delete his profile and account at any time from a phone or computer, following the following instructions:
- Go to the configuration section
- Select the option: "I want to delete account"
- Confirm to delete account in the notification named IMPORTANT Are you sure you want to delete your account?
- The deletion process is immediate. Once the account has been deleted, the loss of data, history and accumulated hearts will be irreversibly and definitively deleted.