Privacy and Confidentiality Statement of Mercado Libre's Information

Updated version: June, 28th 2021.

At Mercado Libre, we consider the protection of personal data as an opportunity to generate value for our users. Making responsible use of personal information, we not only protect the privacy of those who entrust us with their data, but also allow them to operate safely and confidently in our ecosystem.

That is why your privacy is so important to us and we strive to protect it.

Mercado Libre, in order to provide you with its services, processes, collect and in some cases, discloses information about people who, like you, are users and visitors of the websites and/or mobile apps, as described herein (the "Platforms" and the "Services", respectively). This Mercado Libre Privacy and Confidentiality of Information Statement (the "Privacy Statement") describes the information that Mercado Libre collects and processes about you and what it may do with it.

This Privacy Statement is part of Mercado Libre's General Terms and Conditions. Giving your voluntary, express and informed consent to this Privacy Statement is an essential requirement to be able to contract and/or have any kind of relationship with Mercado Libre, depending on the applicable legislation in each country.

1. How is Mercado Libre integrated and how does this Privacy Statement apply?

The goal of Mercado Libre is to democratize the commerce, money, payments, transfers and credit. For that, it has created an ecosystem of integrated services through its platforms: Mercado Libre (Marketplace), Mercado Pago, Classifieds, Advertising, Mercado Envios, Mercado Shops and Mercado Puntos. All these platforms form a whole and are necessary and indispensable to provide you with Mercado Libre's services.

For this reason, it is important to bear in mind that when you register in any of these platforms, you are generating a user that will allow you to operate in all the others. In order to do so, it is necessary that your data be shared among all the Mercado Libre companies that make up the platforms. In section 5 "How do we share Personal Information?" you will find more information regarding the latter.

This Privacy Statement applies to all of Mercado Libre's services and data processing operations, whether it is MercadoLibre Inc. or its subsidiaries or affiliates.

We believe it is important to point out that Mercado Libre's services and each of its platforms are intended for users located in those countries in which Mercado Libre has a presence or operation, for example, through a specific Website for a specific country.

2. Who is the responsible person for the processing of personal information?

Mercado Libre is responsible for processing the data of the users and visitors of its Platforms through its subsidiaries or affiliates. To find out which company or companies are responsible for the processing in your country of residence, please refer to the Annex corresponding to that country.

The responsible for the processing is the one who decides about the processing of personal data. To do so, they determine the purposes or uses for which the personal information will be used and the methods that will be used for such processing (see Section 4. "What do we do with personal information?").

3. What information do we collect and process?

Mercado Libre collects your personal information so that you can make the most out of our services and so that we can improve them on an ongoing basis.

In some cases, the information is provided by you, when you register or provide information when you use any of our services. In other cases, we collect it automatically, such as when you browse our websites or use our services. We may also collect information about you from other trusted sources.

It is not mandatory that you provide us the personal information displayed below, however, this is an essential requirement to be able to contract and/or have any type of relationship with Mercado Libre and, if you do not provide this information, we will not be able to provide you with our services or our ability to do so may be significantly hindered. The inaccuracy or falsity of the personal data you provide may cause the suspension of the Services. Likewise, Mercado Libre may suspend or permanently shut down those users who infringe this Privacy Statement.

These are the type of data we may collect: 

  • Information you provide directly by registering or using our services: 
    • Nickname or pseudonym to operate in MercadoLibre's platforms, 
    • Name, personal image (personal photo or ID photo), 
    • Document number or valid ID, 
    • Contact information (such as telephone number, address, email address),
    • Bank account information,
    • Payment information and payment methods,
    • Intellectual property rights information, ownership of Brand Protection Program (BPP) members and information about their complainant activity,
    • Biometric details, such as the analysis of the biometric characteristics of the face (size of the head, distance between the eyes, width of the nose, among others) for identity validation purposes.  The fingerprint, in case you use it to unlock the app, is not collected by Mercado Libre but is securely stored in your devices.
  • Information we collect automatically, whether you are registered or not: 
    • Information about the devices or computers from which you access the Mercado Libre platform and other automatically captured data (such as the type or version of the browser or operating system, setting, information about some of the downloaded apps and parameters). 
    • Internet IP address you use when connecting to our services or browsing our websites. 
    • Transactional information and movements within Mercado Libre's platforms (purchases, payments, returns, inquiries, withdrawals, transfers, prepaid card transactions, loans accepted, cash advances, complaints, billing, tax details, digital account identification code (CVU, CLABE, etc.), bank accounts, internal messaging).
    • Certain information about the activity of users and visitors within our website and apps. For example, the URL from which they come or what URL they access next (whether or not they are on our website). Also pages visited, interactions with those pages, searches performed, listings, purchases or sales, reviews and responses entered, complaints made and received, forum posts, among other information may be stored and retained.
    • Information about your location (geolocation), which may be used to offer you discounts, product pick-up, among others.
    • Contact lists of mobile devices used by users to provide different services, such as transferring money between accounts.
    • Links between accounts and users, for fraud prevention actions.
    • Data for complaints and lawsuits management (information for the elaboration of documents, background and strategies).
    • If you did not register or access through your Personal Account, Mercado Libre will only collect and store, in addition to the information indicated in this point, your cell phone numbers, your email address and emails sent.
  • Information we collect from other sources:
    • Information collected for fraud prevention purposes and compliance with reporting regimes (PEPs lists, OFAC, etc.).
    • Credit information, both positive and negative, that we obtain from credit bureaus, telecommunications companies and/or publicly available sources, in accordance with applicable law.
    • Data used for identity validation, filling out or correcting information, obtained from secure and reliable sources, such as government agencies, service providers or business partners with whom we work.
  • In some cases, this information may be considered sensitive according to applicable legislation. In these cases, we request your express consent to process it.

4. What do we do with personal information?

The collection and processing of your personal information allows us to provide you with an excellent service so that you can carry out transactions quickly and securely and offer you resources that best suit your needs. Except in those cases in which the applicable regulations prohibit it, Mercado Libre may use your personal information for the following purposes:

  1. Offer the products, services and/or benefits provided by the Mercado Libre platforms (Marketplace, Mercado Pago, Mercado Envios, Mercado Libre Classifieds, Mercado Libre Advertising etc.).
    • Identify and contact you.
    • Register you in our systems.
    • Verify your identity in compliance with legal requirements.
    • Validate, update and correct your information.
    • Provide you with the products, services and/or benefits that you request or contract with us.
    • Facilitate direct contact with the seller or buyer for the purposes of the transaction you want to perform.
    • Elaborate and keep a record of the transactions you make, as well as to inform you about them and give you the corresponding follow-up.
    • Provide you with our e-commerce platform and the online payment system known as Mercado Pago. 
    • Manage Mercado Pago's services and products, including the payment processing service and the digital account.
    • Provide you with support for the solutions for investing money in your account. 
    • Respond to your comments, complaints and suggestions, as well as provide you with support.
    • Consult and report positive and negative data in credit bureaus, perform commercial and/or credit risk verification tasks, analyze the feasibility of entering into or maintaining a commercial relationship and prepare profiles for credit analysis purposes.
    • Offer you and manage the credit or insurance products that you request or contract with us.
    • Judicial and/or extrajudicial collection. 
    • Facilitate the delivery of products advertised on websites, apps and other e-commerce platforms operated by Mercado Libre, or those that use its technologies.
    • To offer you services and functionalities that best suit your needs, and to customize our services to make your experience with Mercado Libre as comfortable as possible.
    • Enable you to participate in contests, auctions or sweepstakes in case they are held and are applicable to you, as well as to notify you if you are a winner, always in compliance with the regulations applicable to contests and sweepstakes.
    • Contribute to the security of relationships, communications and transactions between users of our platform.
    • Develop a system of user reputation, for the benefit of customers.
  2. Improve our services, develop new ones and offer a better experience with Mercado Libre platforms.

    • Develop internal and statistical studies on your interests and behaviors, to offer you better services and products.
    • Develop profiles through the analysis of several variables, such as behavior or interactions within the platform, analysis and prediction of economic capacity, preferences, interests, transaction history, behavior and location, among others, to improve our commercial and promotional initiatives, display advertising or promotions, banners of interest, news about Mercado Libre's platforms, improve our offer of contents and articles, customize such contents, presentation and services.
    • To offer you services and functionalities that meet your needs in order to provide you with a better experience.
    • Improve our commercial and promotional initiatives and analyze the pages visited, the searches performed by users, in order to improve our offer of contents and articles, personalize such contents, their presentation and services.
    • To train independent consultants to improve their service proposal to Mercado Libre users.
    • Provide you with information through different channels (by email, short text messages (SMS), push messages, phone calls or any other methods) about improvements or new functions or services of the platform.
    • Seek your loyalty through a benefits program.
    • Allow third parties, through the use of public APIs, to build apps that use the platform's contents and interact with it to facilitate, improve and/or enhance its use and its functionalities and the services in general provided by Mercado Libre.
  3. Comply with legal obligations and requirements of competent authorities.

    • Comply with the regulations applicable to Mercado Libre in general.
    • Compliance with Money Laundering and Terrorist Financing Prevention regulations (KYC actions, verification of identity against Politically Exposed Persons, verification of profile and transactional history in compliance with applicable regulations regarding money laundering prevention, verification against OFAC lists and others), as applicable in each country.
    • Compliance with information regimes in general, as applicable in each country.
    • Compliance with tax collection, registration, reporting, auditing and billing regimes at any level of government (e.g., federal, state and municipal).
    • Compliance with information requirements of competent administrative or judicial authorities.
    • Providing user information to governmental institutions with collaboration agreements for the fulfillment of their competencies.
  4. Detect and prevent fraud, abuse and related crimes to protect the safety of our users and the sustainability of the platforms.

    • Make the platforms grow in a sustainable and secure way through fraud and related crime prevention tools and actions.
    • Train the automated fraud detection and prevention algorithm model.
  5. Protect the rights of users, third parties or Mercado Libre's own rights.

    • Defend Mercado Libre's rights, tangible and intangible assets.
    • Enforce Mercado Libre's rights in the event of non-compliance with its T&Cs.
    • Allow other users or third parties to enforce their rights.
  6. Collaborate with intellectual property owners in the exercise of their rights

    • Collaborate with the protection of intellectual or industrial property rights, own or third parties, trademark and patent infringement investigations, as well as counterfeiting.
    • Collaborate with members of the Brand Protection Program by providing the personal information of sellers reported through the program so that they can exercise their rights outside the platform. 
    • Facilitate the resolution of disputes between sellers and the members of the Brand Protection Program who reported them. 
    • Collaborate with institutions involved in dispute resolution.
    • Collaborate with private institutions that represent collective interests with a collaboration agreement, to facilitate the resolution of disputes.
  7. To make advertising and promotional ads and contacts.

    • Contact you through different channels (by email, short text messages (SMS), push messages, phone calls or any other methods) for advertising and/or promotional purposes of Mercado Libre's and/or third parties' products and services.
    • To carry out all kinds of marketing, advertising, commercial prospecting and/or market research activities.

Some of these purposes described above may not be applicable if: a) you do not use the service associated with such purposes, or b) the services related to such purposes are not offered in your country of residence.

The use of your data for any other purpose that is not compatible with those detailed above will be communicated to you before we proceed with its processing.

Mercado Libre will keep your Personal Information for the period of time necessary to fulfill the purposes for which it was collected.

 

5. How do we share personal information?

The protection of your privacy is very important to Mercado Libre. That is why we do not sell or commercialize information that identifies our users. We also do not share or otherwise transfer your personal information to third parties, except as indicated below:

Mercado Libre may assign, transmit and/or transfer your Personal Information to:

(i) "Service Providers": the service providers or third party companies that we hire to act on behalf of Mercado Libre to provide a service following our instructions and in accordance with the provisions of this Privacy Statement, in order to contribute to improve or facilitate the operations through our platform, such as: (a) transportation, logistics, parcel and shipping companies, to deliver the products you purchased, (b) payment methods, intermediaries in the management of payments or insurance, to get payment for the services or products contracted, as well as to provide you with protection with respect to the products purchased, (c) computer system providers, cloud service providers, (d) call centers or customer service centers, (e) companies that manage loyalty programs to provide you with benefits, (f) advertising or marketing agencies, (g) data analysis, (h) collection agencies, (i) government institutions or companies specialized in risks, in order to verify your information. These Service Providers only access the information strictly necessary to provide the agreed services and may not use them for purposes other than those entrusted to them by Mercado Libre.

(ii) "Commercial partners": companies with financial or commercial activities with which Mercado Libre has a collaboration or alliance relationship, with the purpose of offering you promotions, products and services of such companies or co-branded products and services. In these cases, Mercado Libre always ensures that confidentiality and security standards are complied with, by means of the execution of agreements or covenants whose purpose is the privacy of our users' personal data and compliance with the applicable legislation.

(iii) "Mercado Libre Group": companies that belong to our corporate group, that operate under our same internal processes and policies, whether they are controlled, controlling or affiliated companies with Mercado Libre, in order to comply with our internal regulations, prevent fraud, manage risks and facilitate the management of Mercado Libre's services and products.

(iv) "Counterparty in the transaction": other users of Mercado Libre's platforms, under the conditions set forth, with the purpose of putting you in contact with the seller or buyer for the purposes of the transaction you want to carry out.

(v) "Public Authorities": the administrative and judicial authorities that, in the exercise of their jurisdiction, require information, even if there is no executive or judicial order or subpoena to that effect, for the purposes of: (a) collaborate in the investigation and report fraud, piracy, intellectual or industrial property violations or any other illicit act, as well as any activity or circumstance that could generate legal liability to Mercado Libre and/or its users; (b) safeguard a public interest, the procurement or administration of justice, the recognition, exercise or defense of a right in a judicial or administrative proceeding, and/or the resolution of controversies; and (c) comply with any applicable law, regulation or legal provision, or any mandate from a competent authority duly founded and motivated.

(vi) "Members of the Brand Protection Program": participants in Mercado Libre's Brand Protection Program (formerly the Intellectual Property Protection Program), with the purpose of defending the industrial property rights that are commercialized through Mercado Libre. Learn more about this Program at: https://www.mercadolibre.com.co/brandprotection/enforcement 

(vii) "Intervenors in Disputes": authorities, amiable compositeurs, courts or institutions that intervene in the resolution of disputes in order to solve controversies that may arise between users or between them and any of the companies of Mercado Libre's corporate group.

(viii) "Developers" under the framework and conditions of the Mercado Libre Developer Program (https://developers.mercadolibre.com.co/es_ar/terminos-y-condiciones).

(ix) "Users and/or visitors in general": other users and/or visitors of our platform, with the purpose of providing quality service to the final customer, offering information to make an informed purchase decision. The number of sales made by the Seller will be published on the platform, as well as the Seller's reputation, the service provided, buyers' opinions (the content of which is not Mercado Libre's responsibility) and the timeliness of product deliveries.

(x) "Public and/or private institutions that provide credit information services": Mercado Libre may, provided that the applicable legislation so allows, share with public or private institutions that provide credit information or credit risk services, information related to your credit behavior or to the compliance or non-compliance with obligations of an equity nature.

Likewise, Mercado Libre may disclose your personal information at its discretion to other users of the Websites and/or the Services, institutions or third parties when there are sufficient grounds to consider that your activity is suspicious of attempting or committing a crime or attempting to harm other people.

If Mercado Libre decides to share your personal information with third parties other than those mentioned above, we will request your prior and express consent, provided that there is no legal authorization or obligation that allows us to do so without such consent.

Likewise, you give your express and informed consent for Mercado Libre to assign, transmit or transfer your personal information to the recipients detailed in this Privacy Statement.

Finally, Mercado Libre will not be liable for the improper use of your personal information by any third party when such third parties directly collect and/or process your personal information.

 

6. International data transfers

The services provided by Mercado Libre require the support of a technological infrastructure, such as servers and cloud services, which may be our own or provided by third parties.

Part of this infrastructure may be established in a country other than your own.

It may also happen that the recipients of the data indicated above in the section "How do we share Personal Information?" are located in a different country.

The countries receiving the data we transfer may not offer adequate levels of personal data protection, in accordance with the applicable regulations.

In these cases, Mercado Libre adopts measures to protect your details, through contractual clauses or binding corporate rules that impose the same protection measures as those described in this Privacy Statement.

 

7. For how long do we store Personal Information?

We will only store Personal Information for as long as necessary to fulfill the purpose for which it was collected, to comply with regulatory or legal requirements, or for the statutory limitation period for potential legal or contractual liabilities.

Once this period has expired, the details will be removed or anonymized in such a way that no individual can be identified, as allowed by the regulations of each country.

 

8. Automated decisions and profiling

At Mercado Libre we are committed to providing you with more and better services that make your life easier.

For this purpose, we use tools that help us to be more efficient through techniques known as "artificial intelligence", "machine learning" or "Big Data", which we use for different purposes, such as fraud prevention, analysis and prediction of economic capacity, personalization of services and advertising, automated cybersecurity mechanisms or identity validation through image recognition.

Automated decisions are those that are made based on the use of algorithms and computer programs, without any human intervention in the decision-making process.

Profiling is the evaluation of certain personal aspects, such as your interests, preferences, behaviors or location, which is done by automated processing of personal information using statistical procedures. As a result of this processing, we may send you personalized communications, or display them to you within our platforms, that we believe may be of interest to you.

You have the right to request a review of a decision based on automated data processing from here.

 

9. Confidentiality of Personal Information and User Responsibility

We will do everything in our power to protect the privacy of your personal information. The user will be responsible for all the acts that take place through the use of their nickname and password. If for any reason you believe that someone may know your password, you should change it by going from the navigation menu to the "My account" section, then selecting "Settings", and finally, "Personal details"

 

10. Minors

Mercado Libre's Services may be available to minors, with the prior consent of their legal representative. If you are included in this category and do not have the consent of your representative, you must not provide your personal information. 

Through your legal representative, you may also exercise your rights mentioned in clause 13 of this Statement.

 

11. Use of personal information by other users

Mercado Libre allows users limited access to certain information (such as name, nickname, email address, other contact information and billing and shipping information) of other users in order to facilitate interaction among them. Under no circumstances may other users disclose your Personal Information to third parties without your consent and/or Mercado Libre's consent, as applicable.

When a user seller receives personal information from their buyers, they become responsible for the processing of such data and acquire the obligations that this implies. Therefore, they may not use the data for a purpose other than or incompatible with the transaction that originated the collection. For this reason, the personal information of other users obtained in the Website may only be used for: (a) purposes related to transactions in Mercado Libre's platform, (b) the use of services offered in Mercado Libre (for example: deposit, insurance, shipping or transportation and fraud complaints), and (c) any other purpose to which the corresponding user expressly consents once the legally required information has been previously communicated or the local regulations allow it. 

Mercado Libre does not accept conduct considered "spamming". The indiscriminate sending of messages of any nature among Mercado Libre's users is absolutely prohibited.

Mercado Libre does not control, store or have access to the messages and contents sent by users through methods other than the Websites, and therefore does not assume any liability with respect to the damages that may be caused by their use. The negotiations carried out by the users through such methods are under the users' own responsibility. 

Mercado Libre is not responsible for the use that any user or any other person may make of the information published in the Platforms. Users agree that Mercado Libre will not be liable for any loss or damage that may arise as a result of negotiations between users. Consequently, you release Mercado Libre from all liability in case you have a conflict with one or more users.

 

12. Links to other websites

Through the Platforms, Mercado Libre may include links to third party websites, which does not indicate that they are owned or operated by Mercado Libre. It is hereby clarified that the processing of Personal Information by the third parties responsible for the aforementioned websites is not covered by this Privacy Statement. Likewise, you acknowledge and agree that Mercado Libre has no control over such websites and is not and will not be responsible for the content or services provided by such websites, or for the way in which they process your Personal Information, and therefore, you access such websites under your own responsibility.

 

13. How can you exercise your rights to control your Personal Information?

The applicable regulation confers you certain rights on your personal information, which you can consult as specified in the annex of each country, such as: (i) access; (ii) update; (iii) rectification; (iv) cessation in the sending of advertisements, offers and promotions; (v) suppression; (vi) revocation of consent; and (vii) confidentiality and (viii) review of automated decisions. 

You may make any inquiries and/or requests regarding your personal information from the "My Privacy Rights" help page or through the contact information provided in the country-specific attachments below.

In certain cases, we will retain in our files your personal information that you have asked us to remove in order to fulfill the purposes described in this Privacy Statement or when there is a contractual or legal duty to keep your personal information. Once such purpose is fulfilled or the contractual or legal duty is removed, we will remove your personal information.

 

14. Cookies and Other Technologies

You expressly acknowledge and accept that Mercado Libre may use a behavioral tracking system through the use of "cookies" and/or other similar tracking technologies.

These technologies are used in order to know the interests and behavior of those who visit or are users of our website and, thus, provide them with a better service or related information. We also use the information obtained through cookies to analyze the pages browsed by the visitor or user, the searches performed, improve our commercial and promotional initiatives, display advertising or promotions, banners of interest, news about Mercado Libre, improve our offer of contents and articles, personalize such contents, presentation and services, as well as promote and enforce compliance with the website's rules and security; we also use them so that the user does not have to enter their password so frequently during a browsing session, as well as to count and corroborate registrations, user activity and other concepts for commercial agreements, always with the objective of installing cookies for the benefit of the user who receives them, and which will not be used for purposes unrelated to Mercado Libre. Likewise, we store cookies in order to offer a more interactive experience on the website, based on the user's actions.

Your personal data obtained through these technologies will not be transferred to third parties in a manner different from those described in this Privacy Statement.

Additionally, you may find "cookies" or other similar systems installed by third parties in certain pages of our websites or used by advertisers outside Mercado Libre. 

Please note that the installation, permanence and existence of cookies in your computer or device depends on your exclusive will and they can be removed whenever you want. You can set up your cookie preferences from the "Privacy" section or from your browser. 

In this sense, you can at any time remove stored cookies, set your browser to ask for approval before storing cookies or directly prevent cookies from being stored. This procedure is performed differently in different browsers and it is necessary to perform it in each browser you use. Below we provide you with the different procedures to manage this setup in the most commonly used browsers:

From the Internet Explorer (Windows)

https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d 

Microsoft Edge

https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09 

Firefox

https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we

Google Chrome

https://support.google.com/chrome/answer/95647?hl=en 

Opera

https://help.opera.com/en/latest/web-preferences/#cookies 

Safari (Mac)

https://www.apple.com/legal/privacy/en-ww/cookies/ 

Please note that if you disable cookies, you might not be able to make use of all the resources offered by Mercado Libre.

 

15. Security. Storage of Personal Information

Mercado Libre complies with the regulations and industry standards regarding security measures applicable to your Personal Information. 

Mercado Libre is not responsible for illegal interceptions or infringements to its systems or databases, or for their use by unauthorized persons. Mercado Libre is also not responsible for the improper use of the information obtained by such methods.

 

16. Changes in the Privacy Statement

Mercado Libre will periodically update the Privacy Statement to reflect the constant changes in the services we offer. These updates will transparently reflect the way in which personal information is treated. We will notify you of these changes through our usual channels, such as email or messages through the apps. When appropriate, we will request your consent.

 

17. Applicable Law and Jurisdiction

The Privacy Statement shall be governed by the applicable laws as set forth in the country-specific attachments below. Any dispute or controversy relating to the interpretation, validity, enforceability or performance of this Privacy Statement shall be resolved by the competent courts indicated in the country mentioned below.

 

* * * *

ANNEX FOR COLOMBIA 

The provisions of this annex apply exclusively to Colombian users and visitors located in the Republic of Colombia. In case of contradiction between the provisions of the main text of the Privacy Statement and this annex, the provisions of this annex shall apply to Colombian users and visitors located in the Republic of Colombia. 

2. Who is responsible for the processing of Personal Information?

In the Republic of Colombia, Mercado Libre Services are provided by Mercado Libre Colombia LTDA, with NIT 830067394-6 and locates at Carrera 17 No. 93-09, Piso 3, Bogota D.C., Republic of Colombia, and is responsible for the processing of the personal information we collect from you. These Services are offered through the Platforms www.mercadolibre.com.co, api.mercadolibre.com, www.mercadopago.com.co, api.mercadopago.com and its mobile versions mobile.mercadolibre.com.ar, mobile.mercadolibre.com, login-mobile.mercadolibre.com, frontend.mercadolibre.com and mobile.mercadopago.com.

 

13. Rights of access, rectification and suppression of Personal Information.

The data protection law of the Republic of Colombia additionally provides for the following rights of the owners, namely: (i) to request proof of the authorization granted to the data controller, except when expressly exempted as a requirement for the processing; (ii) to be informed by the data controller, upon request, regarding the use given to their personal data; and (iii) to file complaints before the Superintendence of Industry and Commerce for non-compliance with Colombian data protection regulations.

Notwithstanding the provisions of the Privacy Policies, you may also make inquiries and/or exercise your rights of access, rectification and deletion of your Personal Information by mail to Carrera 17 No. 93-09, Piso 3, Bogota D.C., Republic of Colombia. Attn: Mercado Libre Colombia LTDA. 

Mercado Libre will process any query or complaint in relation to the Personal Information collected and processed through the methods enabled for such purposes in accordance with the procedure set forth in Articles 14 and 15 of Law No. 1581 of 2012.

 

17. Applicable Law and Jurisdiction

The Privacy Policies shall be governed by the laws of the Republic of Colombia. In the event of any controversy or divergence related to the interpretation, validity, execution or compliance with the same, you and Mercado Libre declare that you and Mercado Libre submit to the exclusive jurisdiction of the competent Courts of the City of Bogota, expressly waiving any other jurisdiction and/or venue that may correspond to you. The proceedings shall be conducted in Spanish language.

The enforcement authority in the Republic of Colombia in matters of personal data protection is the Delegation for the Protection of Personal Data of the Superintendence of Industry and Commerce and the rules on data protection are Law 1581 of 2012, Decree 1377 of 2013 and other concordant rules.

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