Privacy Notice for the Protection of Personal Data

 

In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, “DEVO” through DEVO ENVÍOS BH A TU CASA SA DE CV (Sociedad Anónima de Capital Variable),  hereby informs you of the Privacy Notice of personal and sensitive personal data, which have been provided or captured through the delivery of documents verbally or electronically.

Since the simple provision of this data constitutes the express acceptance of authorization for its processing, it is recommended that you read this document carefully.

Privacy policies:

1. This Notice aims to protect your personal data and sensitive data, through legitimate, controlled and informed treatment, to guarantee your privacy.

2. According to the aforementioned Law, in its article 3 section V, personal data is: any information concerning an identified or identifiable natural person.

3. “DEVO” with contact information sporte@devo.com.mx , and telephone number 5524498008, is responsible for the protection and processing of personal data and sensitive data of people who register as a User within the mobile application called “ “DEVO”.

4. “DEVO” collects and processes sensitive personal data from Users, in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, with the following purposes:

1. To have legal certainty between contractors

1. Maintain, develop, manage, control and comply with the contractual relationship derived from the request and/or contracting of our services, including any financial operation or service.

1. To maintain communication with your emergency contact if necessary.

1. For the supervision of the services that are offered voluntarily within the Platform.

1. For institutional promotion purposes. As well as display and/or market services on our sites and apps according to the User's particular interests and needs.

1. Provide the User with information, communications and notifications about our Sites and Apps, our services and the third-party services displayed on our Sites and Apps and the terms and conditions applicable to them.

1. For statistical purposes.

1. To actively participate in the personal and comprehensive development of Users.

1. To encourage the promotion and dissemination of User participation within the activities and services of the Platform.

1. Provide advice, clarifications, attention to complaints, customer service, as well as monitor their quality by storing the corresponding conversations.

1. Carry out collection activities.

1. Background and identity verification.

1. For research and development of our platform.

1. To allow communication between users.

1. For topics related to criminal procedures.

5. Personal and sensitive data are collected directly, with the delivery of documents, filling out requests through forms on our websites, verbal interviews, or through technological tools, which are always used from an ethical approach and for specific purposes. deformation.

The above may occur at the time of promotion, registration, communications between the administrators of the Platform and the Users.

6. The personal and sensitive data that “DEVO” collects may include, among others: the user's name and surname, age, marital status, address, emails, home telephone numbers, cell phones, financial information, among others.

7. To comply with the purposes set forth in this privacy notice, sensitive personal data will be collected and processed, defining these as those that affect the most intimate sphere of its owner, or whose improper use may give rise to discrimination or entail a serious risk for this (section VI, Art. 3 of the LFPDPPP). The collection of this data will at all times have special, confidential, ethical and consistent treatment with what is established in the Federal Law on Protection of Personal Data Held by Private Parties.

8. “DEVO” assigns the Platform Administrators as entities in charge of processing personal or sensitive data, who undertake to process personal and sensitive personal data under the strictest security measures to guarantee its confidentiality, for which reason they only They may be provided to third parties, not involved in program processes, by order of a judicial authority.

9. Users are informed that, given the nature of the project, DEVO has access to internet sites, where “cookies” may be found (text files that are automatically downloaded and stored on the hard drive of the user's computer). when browsing a specific internet page). These files allow you to save some of your data on the server. Internet pages may also contain “web beacons” which are images inserted into the page or emails and that can be used to store information about the user's IP address, duration of interaction time on said page, as well as the type of browser. used, among others. By virtue of the above, we inform you that DEVO may use “cookies” or “web beacons” for better performance of the website, or, where applicable, when using digital tools, necessary for the educational work of the Institution.

10. When contracting the service through the application or website, bank information will be requested for which we are committed to offering security and confidentiality of the data provided to us. To do this, we have a secure and confidential server, so that the information sent to us is transmitted encrypted to guarantee its protection on our website. However, because technology advances every day and there is not perfect security on the Internet, DEVO is not responsible for illegal interceptions or violation of its system or database by unauthorized persons, nor is it is responsible for the use of the information obtained by these or other means.

11. The members of the DEVO Administration have the right to access the personal data held by the Platform and the details of their processing, as well as to rectify or cancel them when they consider that they are being used for non-consensual purposes or the relationship has ended. contractual or service, or to oppose their processing for specific purposes; Likewise, at any time the owner of the personal data may revoke the consent that he has given to DEVO for the processing of his personal data, so that he does not use them, always considering the provisions of the corresponding Legislation. To exercise these rights you must send an email to support@devo.com.mx where you will be informed of the steps to follow.

12. The processing of personal data by DEVO will occur while the user is registered on the Platforms mentioned at the beginning of this document. Once the User cancels their registration within the Platform, DEVO undertakes to process the data in accordance with the provisions of current regulations.

13. DEVO reserves the right to make modifications or updates to this Privacy Notice at any time, to address legislative developments, internal policies or new requirements for this program, committing to publish any change or modification.

In a special way and in compliance with those established by article 9 of the Federal Law on Protection of Personal Data Held by Private Parties, if you do not express opposition to the processing of sensitive data indicated in point 4 of this privacy notice, It will be understood that you have given your consent to do so.

Therefore, by registering within the Platform, I declare that I have read this document, I grant my authorization for the use of the data to which it refers, for the established purposes and I agree with what is stipulated therein.

PAID MANDATORY AGREEMENT (hereinafter “THE AGREEMENT”) ENTERED INTO ON THE ONE PART BY MARCOS GALANTE ABADÍ IN REPRESENTATION OF MORAL DEVO ENVÍOS BH A TU CASA, SA DE CV, AND ON THE OTHER PART, WHOM HEREINFORE REFERRED TO “THE CONSUMER”, IN THE TENSION OF THE FOLLOWING DECLARATIONS AND CLAUSES:

 

STATEMENTS:

 

1. THE MANAGER DECLARES, THROUGH HIS LEGAL REPRESENTATIVE:

 

1. Be a Variable Capital Stock Company, duly constituted in accordance with the laws of the United Mexican States, as stated in public deed number 18,066 (eighteen thousand sixty-six) dated April 26, 2023, granted before the Notary Public. Juan Carlos Ortega Reyes, Head of Public Notary Number 168 in the State of Mexico.
2. That C. Marcos Galante Abadi has the necessary powers to enter into this contract, powers that to date have not been revoked in any way.

• That it is the owner of the intellectual property rights and/or copyright of the “DEVO” digital platform, its content, including international patent rights, trademarks, production designs and goods, images, logos, slogans, digital downloads, texts , communications, among others.

1. That it has the necessary authorization to market the products found within its Platform.

2. THE CONSUMER DECLARES:

 

1. Call yourself as stated in your registration within the “DEVO” Platform.
2. Have reached the age of majority on the date of joining this paid mandate contract and have the necessary powers to enter into this Contract.

• That it is your will to contract the service(s) provided by the Agent, in accordance with the conditions established in this Contract and in the Terms and Conditions of Use Contract of the “DEVO” platform.

3. THE PARTIES DECLARE:

 

1. Reciprocally recognize the personality with which they appear in this act.
2. That they have the moral, material and economic solvency to satisfactorily conclude the agreements reached in this document, a circumstance that they mutually recognize by virtue of the fact that there is no evidence to the contrary that indicates this.

CLAUSES.

 

First. – OBJECT OF THE CONTRACT.

 

The purpose of this contract is to establish the guidelines by which the operations carried out through the Mobile Application called DEVO, hereinafter App, will be carried out, exclusively for the section related to alcoholic beverages, through a paid mandate of the which The Principal will charge a predetermined consideration for his services.

By accepting the terms and conditions of use of the App, "The Client" grants a mandate in favor of "The Agent", by which he authorizes him to purchase on his account, some of the products that, as an example, are shown in the platform;

By granting the mandate indicated in the immediately preceding paragraph, "The Consumer" requires from "The Service Provider" the delivery to the address indicated for such purposes, of any of the products acquired by the agent, which are similar or equal to those shown on the platform;

Second. - GUIDELINES FOR MAKING THE PURCHASE.

In order to request the mandate and thus acquire the desired goods and services, Consumers must be fully identified with their User Account and carry out the following procedure:

• Product selection. Select the Product by making them available through photographs and reference notes, which allow the full individualization of the Products for detailed analysis by the Consumer.

• Product Validation. Once the previous step has been completed, the Operator must show the Consumer a summary of the Product in terms of its general conditions such as the brand and the presentation supplied. With this information, the Consumer will be able to validate the Selected Product, so that it can be used as a reference in relation to the product that is intended to be purchased.

• Entering the Product into the shopping cart. This income corresponds to the unequivocal will of the Consumer to acquire a specific Product, since the characteristics of the same have been sufficiently informed, having the possibility of acquiring it or not. The Operator has complete autonomy to limit the entry of the Products into the shopping cart depending on the quantity.

• Once the preceding steps have been exhausted, the price to be paid for the Selected Product is made available to the Consumer, which is reflected jointly by all the Products to be purchased. The value will correspond to the total value of the Products, including in said value the cost of the Platform service, that is, of “DEVO”, as well as the transaction cost and taxes. The shipping cost will be calculated after payment.

• The Platform will redirect you to the payment section where it will give you the option to choose between payment through PayPal or by credit or debit card. Once you have selected the payment method, you must enter the requested data, and you can save it within the platform for future purchases.

• Once the previous steps are completed, a detailed summary of the mandate transaction will be displayed to the Consumer. Said summary will be kept in your purchase history, in addition to the fact that it will be sent electronically to the email address indicated by the Consumer.

• Once all the data corresponding to the transaction has been verified, “DEVO undertakes to acquire the selected products through its suppliers and will generate the shipment to the delivery address provided by the Consumer through the Platform, relying on a delivery and delivery service.

Third. - OF THE OWNERSHIP OF THE GOODS.

"The Consumer", by agreeing to be bound by this mandate contract, accepts that the operator of the same is not the owner, producer, distributor, distributor, agent or in general any type of marketer of the products shown there, since which only serves as a platform that serves as a link for direct contact and acquisition of goods between “The Consumer” and “The Agent” and to execute the orders entrusted to him as agent in relation to these.

"The Client", by accepting and considering all of the above factors, is aware and has given his/her consent that the use of the platform only constitutes a reference or connection platform through which he/she requests from "The Service Provider" , a management or order for the acquisition of a product similar or equal to the one that the platform presents, in exchange for payment for the management carried out.

Quarter. - OF THE POWERS OF THE CONTRACTORS.

 

“The Consumer” accepts that the products that are purchased, and that constitute controlled substances (such as alcoholic beverages or tobacco derivatives), will only be delivered when the principal is of legal age.

Fifth. - OBLIGATIONS OF THE CONSUMER.

 

By adhering to this contract, the Consumer undertakes to:

1. Provide true and reliable information when creating your own user account.
2. Refrain from transferring validation data (username and password) to third parties, in order to protect your personal data.
3. Refrain from accessing and/or using the Platform to carry out acts contrary to morality, public order or customs.
4. Enable the use of pop-up windows during the operation of the Platform.

Sixth. – OBLIGATIONS OF THE MANAGER.

 

The President undertakes to:

1. Provide true, reliable, sufficient, clear and updated information regarding the products displayed, as well as a match between the product in the image and the product that will be delivered.
2. Inform sufficiently about the means enabled for the Consumer to make payments.
3. Send proof of the requested order to the email provided by the Consumer.
4. Update when necessary, as well as make available to the Consumer the Terms and Conditions of Use of the Platform.
5. Use the information only for the purposes established in these Terms.
6. Make the products purchased by the Consumer available to the delivery service and have a record of them, as well as verify that they have been carried out successfully.

Seventh. - PERFECTION OF THE CONTRACT.

The perfection of the mandate contract concluded occurs at the moment in which “The Service Provider” accepts the management of the order requested by “The Consumer”. It is clarified that “The Service Provider” can only accept the order once “The Consumer” has selected the payment method. Therefore, once the steps of the purchase process have been verified, the agent, through the platform, can fully or partially accept the management of the order requested by “The Consumer”. If the order is accepted only partially, the summary will be updated showing the Products on which the order is effectively understood to have been constituted.

Eighth. - PRODUCT AVAILABILITY.

Due to the simultaneity of electronic operations inherent to this medium, in the event that one or more of the products contained in your order are not available, you will receive a notification via text message, email or through a call. telephone informing you of which products are not available. In such case, the consumer may choose to cancel or modify his order. If the Consumer chooses to modify his order, the value of the product he selects may not exceed the value of the sold-out product, if this is greater. You will receive a refund for the out-of-stock product and you will be able to purchase a new one by making a new purchase.

Ninth. - PRODUCT DELIVERY.

The home delivery system will be through delivery drivers hired by “DEVO” to carry it out.

If the delivery cannot be made for reasons attributable to the Consumer, the transportation service provider will contact the Consumer and, in accordance with its policies, will make the delivery again.

Tenth. - APPLICABLE LEGISLATION.

 

The parties that enter into this agreement declare that they are aware of the content of articles 2577, 2578, 2579 and 2580 of the Civil Code for the Federal District, and that said provisions are applicable to the operations carried out by “The Mandatory”.

Eleventh. – NOTIFICATIONS.

 

The President designates the email address: support@devo.com.mx as the notification address, as well as the Contact area within the platform, or the cell phone number 5524498008.

            Once the terms and conditions presented within the Platform have been accepted, the parties express their acceptance of the agreements reached within this contract, in accordance with  to the articles relating to the validity of the expression of will through electronic means established in the Federal Civil Code.