In compliance with the Federal Law on the Protection of Personal Data Held by Individuals (hereinafter, the Law) and its Regulations, this Comprehensive Privacy Notice (the Notice)is presented, which is addressed to the users (indistinctly the Owner or User)of the services provided by Growbality, S.A. IP of C.V. (Homiefoo or Responsible) through a digital platform (the Platform), accessible by mobile devices through computer applications, by desktop computers, and through Internet browsers (the Service), as well as to persons who access and provide information through the Internet domain “https://homiefoo.com/”. In this sense, the processing of personal data will be carried out following the legislation of the United Mexican States (Mexico). By using the services provided by Homiefoo, the Owner agrees to be governed by the legislation. Subject to applicable law, the person may have other rights as Owner of Personal Data, in which case they must communicate to the contact information indicated in this Notice.
The information collected (the Personal Data) may be collected at the time the Owner expressly consents to this Notice. To consent to the provisions of this paragraph, a button to accept the Notice is available to the Owner when registering at the Platform.
Likewise, the Owner is informed that all Personal Data will be managed following the principles of legality, consent, information, quality, purpose, loyalty, proportionality, and responsibility contained in the Federal Law on Protection of Personal Data Held by Individuals.
In this sense, the Owner will be always responsible for the Personal Data provided to the Platform.
In addition to the terms defined throughout this Notice, the terms that appear with the first letter in uppercase will have the meanings assigned to them below:
Notice. - Refers to this Comprehensive Privacy Notice, whether issued in a physical, electronic document, or in any other format generated by the Responsible that is made available to the Owner before the processing of their data to comply with the principle of information.
Database. - It is the ordered set of Personal Data referring to an identified or identifiable person.
Cloud Computing. - Model of external provision of computing services on-demand, which involves the provision of infrastructure, platform, or software, which are distributed flexibly, through virtualization procedures, in dynamically shared resources.
Cookies. - Data file that is stored in the hard drive of the computer equipment or electronic communications device of a User when browsing a specific website, which allows exchanging status information between said site and the browser. Status information may reveal means of session identification, authentication, or User preferences, as well as any data stored by the browser regarding the website.
Personal Data. - Any information concerning an identified or identifiable natural person.
Sensitive Personal Data. - Personal Data that affect the most intimate sphere of its Owner, or whose improper use may give rise to discrimination or entail a serious risk for it. Those that may reveal aspects such as racial or ethnic origin, present, and future health status, genetic information, religious, philosophical, and moral beliefs, trade union membership, political opinions, or sexual preference are considered sensitive.
Rights "ARCO".- The rights that the Owner holds in front of the Responsible, concerning their Personal Data, include the following: the right to access your Personal Data and the details of the treatment of the same, as well as to rectify them in case of being inaccurate or cancel them when it considers that they turn out to be excessive or unnecessary for the purposes that justified their obtaining or oppose the Treatment of the same for specific purposes. In this regard, it will be elaborated on section XI of the present Notice.
Dissociation. - It is the procedure by which the Personal Data cannot be associated with the Owner or allow, due to its structure, content, or degree of disaggregation, the identification of the same.
Manager. - The natural or legal person who alone or jointly with others processes Personal Data on behalf of the Responsible.
Guidelines. - Guidelines of the Privacy Notice were published in the Official Gazette of the Federation on January 17, 2013.
Regulation. - The Regulation of the Federal Law on Protection of Personal Data held by Individuals.
Responsible. - Natural or legal person of a private nature that carries out the processing of Personal Data, namely Homiefoo.
Third. - The natural or legal person, national or foreign, other than the owner or the Person Responsible for the Personal Data.
Owner. - The natural person to whom the Personal Data corresponds.
Treatment. - The obtaining, use, disclosure, or storage of Personal Data, by any means. The use includes any action of access, handling, use, transfer, or disposition of the Personal Data.
Transfer. - Any communication of Personal Data made to a person other than the Responsible or In Charge of the Treatment.
Web Beacons. - Visible or hidden image inserted within a website or email, which is used to monitor the behavior of the User in these media. Through these, you can obtain information such as the IP address of origin, browser used, operating system, the time when the page was accessed, and in the case of email, the association of Personal Data.
For the Notice, as well as for all legal purposes that may apply, the Responsible will be Growbality, S.A. IP of C.V., with address at Ciprés 380 - Col. Atlampa, Del. Cuauhtémoc, Mexico City, C.P 06450, Mexico City, who will carry out the Processing of Personal Data.
The Responsible may be assisted by one or more Managers, who will act in the name and on behalf of the Responsible, to provide a more efficient Treatment to the Personal Data. The Managers will be informed of the due treatment that they must provide to the Personal Data.
The Responsible may also carry out the Treatment, storage, and safeguarding of Personal Data using the Cloud Computing system, so the provider of such services will be obliged to be governed by the Notice and comply with the protection mechanisms and security measures aimed at protecting the information contained in the Personal Data, under the Law, the Regulations, and other applicable legal provisions.
This Notice will be made available to the Owner at the time the User registers on the Homiefoo Platform. To do this, the Owner must click on the window that the Homiefoo Platform displays. Additionally, this Notice may be revised at any time on the website.
The Owner will provide this information, which is considered essential for Homiefoo to become able of providing its services, and, therefore, give the User access to them, subsequently having created his account, and expressly subscribe to this Notice.
Similarly, Homiefoo may collect and/or update such data at the time the User modifies and/or updates the information contained in his account. The Personal Data collected for the three categories of Users are:
In the case of Users "Foodie" type
In the case of Users "Homie" type
In case of not having the aforementioned information, the Responsible will not be able to open an account for the Owner and, therefore, will not be able to provide the Service consisting of the use of the Platform.
The geolocation at no time will be in real-time and will only be for verifications. Both the official identification and the photo of the User will be used for purposes of corroborating the identity of the User. The User's financial data will not be stored by Homiefoo.
In addition to the data essential for the creation of an account that allows the Responsible to provide the Service, at the time of creating or modifying said account the Holder may provide the following Personal Data, which will be optional:
In the case of "Foodies":
In the case of "Homies":
We inform you that none of the data listed above is considered Sensitive Personal Data.
We also inform you that on our website and mobile application we use Cookies, Web Beacons, and other technologies through which it is possible to monitor your behavior as an Internet User, provide you with a better service and User experience when browsing our page/platform, as well as offer you new products and services based on your preferences.
The Personal Data we obtain from these tracking technologies are as follows: (i) navigation schedule; (ii) browsing time on our website; (iii) sections consulted; and (iv) Internet pages accessed before ours.
When opening their account, Users must select their username on the Platform. The choice of the same will attend to the availability of the same. If the username includes personal data, the User selects it with the full awareness that such information will be public within the Platform, so the processing of such data outside the platform will be entirely the responsibility of the User. Because of this, Homiefoo recommends selecting as a username those that do not reveal personal data, such as surname, date of birth, and/or email.
"Sensitive Personal Data" comprehends the Personal Data that involves the most intimate sphere of its Owner, or whose improper use may give rise to discrimination or entail a serious risk for it. They are considered sensitive to those that may reveal aspects such as racial or ethnic origin, present, and future health status, genetic information, religious, philosophical, and moral beliefs, union membership, political opinions, sexual preference.
Notwithstanding the foregoing, Homiefoo at no time collects or stores "Sensitive Personal Data".
Once the Owner has created his user account and has expressly accepted this Notice, the Responsible may collect Personal Data similar or different from those provided during the creation or modification of the account. The following Personal Data may be collected by different means when the Owner uses the Service:
In the case of Users "Foodie" type
In the case of Users "Homie" type
The Personal Data listed above will not be considered Sensitive Data in any case.
The Personal Data collected by the Responsible, either personally, directly, or indirectly, will be used for the following primary and indispensable purposes:
The fulfillment of the primary purposes of the Treatment is necessary for the existence, maintenance, and fulfillment of the legal relationship between the Responsible and the Holder.
The Personal Data collected by the Responsible, either personally, directly, or indirectly, will be used for the following secondary purposes:
In case you do not want your data to be processed for any or all secondary purposes, from this moment you can communicate the above to us through the means provided in the Contact Section.
In the "Homies" case:
The Responsible may transfer the Personal Data of the "Homies", object of this Notice with the prior express consent of the Owner so that the services can be carried out satisfactorily.
The following Personal Data will only be shared with the "Foodies" that have contracted the services of the Homie:
These data will only be shared during the provision of the service to the contracting Foodie, once the service has ended, they will no longer be shared.
The following Personal Data will only be shared with the bank aggregator that provides services to Homiefoo:
In the “Foodies” case:
The Responsible may transfer the Personal Data of the "Foodie" object of this Notice with the prior express consent of the Owner so that the services can be carried out satisfactorily.
The Personal Data will only be shared with the "Homies" that will provide their services, which will consist of:
These data will only be shared during the provision of the "Homie" service, once it has ended, these will no longer be shared with the "Homies" who have provided their services. The following Personal Data will only be shared with the bank aggregator that provides services to Homiefoo:
Financial data.
The Transfers described here are in the case of the exception provided for in article 37 section VII of the Law, as they are necessary for the provision of the Service performed by the Responsible in favor of the Owner, consisting of contacting the Users on the Platform.
To fulfill the purposes described above as well as those legally required, Homiefoo may transfer your Personal Data to the companies that are part of the Homiefoo corporate group, that is, to the parent companies, controllers, subsidiaries, and affiliates of the Responsible.
Based on article 37 of the Law, we inform you that it will not be required to obtain your consent to make Transfers to controlling companies, subsidiaries, affiliates, to a parent company, or any company of the same Homiefoo group since such companies are governed by the same standards in terms of privacy.
The purpose of the Transfer of Personal Data is to improve the aspects related to the use of the Platform. If you do not wish your data to be transferred, you may communicate it at any time through the means provided in the Contact Section, to revoke your consent to any Transfer.
Likewise, personal data may be shared with third parties affiliated or related to commercial purposes, and third parties not affiliated or not related to commercial purposes, or with any duly contracted company, or with any company with which the Responsible has a commercial relationship, provided that the parties have the appropriate controls. of privacy, know and subscribe to this Notice and only use personal data for the fulfillment of the purposes referred to in this Notice. To consent to the provisions of this section, a button is made available to the Owner when registering on the Platform to accept the Transfer of their Personal Data to Third Parties, which when pressed will be interpreted as the express consent by the User in the terms indicated in this section.
The Owner can indicate to the Responsible that he wishes to limit or stop receiving advertising messages, whether by landline, cell phone, as well as by email.
Likewise, the Owner may limit the purpose of the Treatment. To do this, the Owner must send a request to disable the secondary purposes, as well as the purposes that are not indispensable, the messages and/or advertising emails to any of the means of contact indicated in the Contact section.
For this purpose, the Holder must send a request with at least the following requirements:
On the other hand, it may also limit or stop receiving advertising messages through the registration of the Holder in the Public Registry of Consumers provided for in the Federal Law on Consumer Protection, today the Public Registry to Avoid Advertising and in the Public Registry of Users (REUS) following the Law on Protection and Defense of the User of Financial Services, in terms of Article 111 of the Rules of Procedure.
Once the request is received, the Responsible will have a period of 20 (twenty) days to respond to the Owner of the Personal Data, which will be sent through the means of contact indicated by the Owner or, failing that, to the email that is registered.
Regarding the Public Registry to Avoid Advertising, 1 (one) day after the registration, it will take effect 30 (thirty) calendar days following the date of its registration and, as for the Public Registry of Users, it will begin to take effect from 45 (forty-five) days after having registered and has a validity of 2 (two) years, after this time it will be automatically unsubscribed.
The Owner has the right to revoke the Consent he/she has granted for the realization of the Treatment, either concerning one or all his Personal Data. For this purpose, the Holder must send a request with at least the following requirements:
Once the request is received, the Responsible will have a period of 20 (twenty) days to respond to the Owner of the Personal Data, which will be sent through the means of contact indicated by the Owner or, failing that, to the email that is registered.
The revocation of consent related to Personal Data that is indispensable for the Responsible to deliver a product and/or provide a service to the Owner will imply that the Responsible will not be obliged to comply with the respective, because it is prevented from doing so.
The "ARCO" Rights are an acronym that groups four rights that the Owner can exercise, concerning their Personal Data:
For this purpose, the Holder must send a request with at least the following requirements:
If the Owner requests rectification, the Owner must also indicate the modifications to be made and provide the documentation that supports their request.
If the request is appropriate, the response will be communicated within 15 (fifteen) days following the date on which the request was received. This period may be extended, upon notice by Homiefoo to the Holder, for a single time and an equal period, provided that Homiefoo communicates the justification for such extension.
The Responsible may deny access to personal data or make the rectification or cancellation or grant opposition to the Treatment thereof, in the following cases:
The refusal may be partial, in which case the Responsible will make the access, rectification, cancellation, or opposition required by the Owner.
Notwithstanding the foregoing, you will also have the right to request Homiefoo to send you an ARCO Rights Form that is easy to fill out, to exercise any of the prerogatives provided herein.
The Responsible may make modifications to this Notice if the applicable legal provisions are respected. When modifications are made to the Notice, the Responsible will make available to the Owner the information about the modifications, as well as the new Privacy Notice through the following means and procedures:
The Data Controller reserves the right to change and update this Notice. The Owner will be responsible for keeping their email account up to date and ensuring that notifications are received in a mailbox that is constantly reviewed. In case of not receiving a response from the Owner within seventy-two (72) hours, it will be understood that he expresses his agreement with the changes that this Notice may suffer.
We recommend that you periodically check the date of the last modification of this document.
If you wish to obtain more information, resolve a doubt, exercise your "ARCO" Rights, and/or clarify any question about the exercise of any right over your Personal Data, you can communicate or go directly to the address indicated by the Responsible. Here you can find our contact information:
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