Mercado Pago Privacy Policies

These privacy policies (the "Privacy Policies") shall apply upon acceptance by new users and are effective since April 1, 2007.

The privacy of users’ information is of great importance to Mercado Libre. Therefore, all necessary precautions and measures are taken to safeguard their information, using the most effective and comprehensive IT security mechanisms. As an ordinary part of our activity we collect and, sometimes, disclose information about the users and visitors on our Site.

These Privacy Policies describe the information Mercado Libre collects from its users and visitors and what can be done with such information. This Policy is very detailed because it is important that all users and visitors become aware of Mercado Libre’s practices as accurately as possible. Upon signing in and/or browsing the Mercado Libre Site, users and/or visitors consent that their personal information can be used according to the following policies.

 

This document is an integral part of Mercado Libre’s General Terms and Conditions. By accepting the General Terms and Conditions at the time of registration, the user accepts the policies contained herein.

Right to access, cancel and change personal data

Users are fully entitled to access, cancel and update their Personal Data, including their e-mail address, and they may refuse to the treatment thereof and require to be informed of any assignments made, in accordance with the provisions contained in the applicable regulations.

Users guarantee and shall be held liable for the truthfulness, accuracy, validity and authenticity of the Personal Data provided. Users further undertake to keep their Personal Data duly updated.

Upon registration at Mercado Libre, users shall be able to review and change the personal information provided throughout the registration process, including:

• their Nickname and e-mail address. Notwithstanding any changes Users might introduce, Mercado Libre shall keep their previous Personal Data for security and fraud control.

• registration information, such as: company, address, city, region, zip code, main telephone number, secondary telephone number, fax, e-mail address, etc.

• their password.

 

In some cases, we shall keep for the period established by law the Personal Data Users requested to be removed in order to resolve disputes or claims, detect problems or incidents and solve them, and enforce the General Terms and Conditions. In any event, a user’s Personal Data shall not be immediately removed from our files for legal and technical reasons, including security back-up systems. Therefore, Users should not expect us to definitely delete all their Personal Data from our databases.

 

Users must update their Personal Data on a regular basis in line with any Personal Data changes, so that other users can trace them when making a transaction. In order to change any of the information provided at the time of registration, you can access the My Mercado Libre section and click on My info. Mercado Libre may at any time amend the terms and conditions of these Privacy and confidentiality Policies and/or its e-mail delivery practices. Should Mercado Libre decide to introduce any material changes to its Privacy Policies, it will notify users by posting an updated version of the Policies in this section, by e-mail, or through a notification on its homepage or other sections of the website to keep users aware of any changes.

Any material changes in the way users’ Personal Data is managed will be informed via e-mail so that users may make an informed decision whether to accept the new treatment of their Personal Data or not. Should users not accept these terms, the contract relationship will be terminated and their Personal Data will only be used as informed at the time it was requested.

• For further information on the confidentiality of users’ Personal Data, contact us by postal mail or e-mail.

• By regular mail: Moneda 748 casilla 39 Santiago de Chile, Chile

• Please send us an e-mail.

The information we collect

The first thing to do in order to enjoy the services of Mercado Libre is to sign in, by providing Mercado Libre with certain accurate and complete personal data (“Personal Data”). We may request, collect, and store the following Personal Data: Username or nickname to operate on the Mercado Libre site, name, valid identity document or card number, contact information (landline, address, e-mail address, etc.). Mercado Libre may verify the personal information of its users by resorting to public agencies, specialized companies or credit reporting companies, for which users hereby expressly give us their authorization. Any information thus obtained by Mercado Libre shall be treated as confidential.

Users registering at Mercado Libre through their personal account on a social network (“Personal Account”), or otherwise accessing Mercado Libre through their Personal Account, expressly authorize Mercado Libre to:

 

• Access at any time the entire information contained in their Personal Account, including, in particular but without limitation, their Personal Data, information on their interests, likes, contacts, and any other contents of their Personal Account;

• Include in said account messages, photographs, videos, and any other type of content; and

• Send to the User’s e-mail address linked to the Personal Account information or messages for the purposes described in the "How we Use the Information" section below.

It is hereby expressly agreed that the user registered in Mercado Libre may at any time request the cancellation of its registration request and/or close its account or eliminate its account and information from Mercado Libre’s database.

Please review the section “Right to access, cancel and change personal data”.

 

Mercado Libre automatically collects and stores certain information about the activity of its users and visitors on its website. Such information may include the URL of origin (whether or not on our Site), the URL they subsequently access to (whether or not on our Site), the browser used, and their IP addresses. In addition, pages viewed, searches, postings, purchases or sales, ratings and replies entered, messages posted in forums, among other information, may also be kept on record.

If the users send us correspondence, whether by e-mail or letter, or if other users or third parties send us correspondence regarding other users’ activities or messages on our Site, we can collect and store such Personal Data, including their e-mail addresses.

Confidentiality of the Information

Once Users have registered at our Site, Mercado Libre will not sell, rent, or share the Personal Data except as established in these policies. Notwithstanding the foregoing, the user expressly authorizes Mercado Libre to wholly or partially transfer the Personal Data to any of the subsidiaries, parent companies, and/or related companies of Mercado Libre, for consideration or otherwise, at the time, in the manner, and under the conditions Mercado Libre may deem fit. We will do our best to protect the privacy of the information. Under certain circumstances, we may be compelled to disclose information to the authorities or to third parties by virtue of judicial orders or legal regulations. In the event third parties have access to certain information or data transmissions, Mercado Libre shall not be liable for the information disclosed.

Nickname

To interact within the site, users shall use a nickname to identify themselves. Users shall not have access to the personal information of other users, except in the case of bidders of an Exclusive Auction and after they have conducted a transaction through our platform, when both parties will receive information about each other.

Personal Password

In order to have access to the exclusive services reserved for duly registered users, users shall have a personal password to buy, sell, offer, and rate, among other activities. The password must be kept strictly confidential and under no circumstances shall it be disclosed to or shared with other persons.

Users shall be responsible for all actions taken under their Nickname and Password, including payment of any fees incurred or the damage suffered by other users as a result. If a user has reasons to believe that other people know his/her password, he/she shall change it by entering My Mercado Libre from the navigation menu and then clicking on My Info.

Minors

Our services are available only to individuals who can legally enter into binding contracts. Therefore, any individual failing to meet this condition must refrain from providing personal information to be included in our databases. However, they can do so through their parents or guardians.

Use of the information by other Users

In order to facilitate the interaction among all members of the Mercado Libre community, our service enables limited access to the contact information of other users, such as User Name, Telephones, City, and e-mail address.

Users may only use the Personal Data of other users obtained through the site for: (a) communications related to Mercado Libre which are not unsolicited commercial communications; (b) the use of the services offered at Mercado Libre (for example: deposit, insurance, shipping or transportation and fraud claims); and for (c) any other purpose to which the relevant user expressly consents after being notified of the legally required information.

Under no circumstances may the Personal Data or e-mail address of another user be disclosed to any third party without our consent and that of the affected user. Users may not add the information of another Mercado Libre user to their emails list (whether physical or electronic), not even those of a user who has purchased an item offered through Mercado Libre, without their express consent.

Cookies

Any user or visitor of the Mercado Libre Site knows and accepts that Mercado Libre may use a tracking system by means of cookies (“Cookies”). Cookies are small files placed on your hard drive, with a limited duration which help customize services. We offer certain functionalities which are only available through the use of Cookies. Cookies are used to identify the interests, behavior and demography of visitors or users of our Site and enable us to have a better understanding of their needs and interests, so that we can offer them better services or provide them with related information. We will also use the information obtained through these Cookies to analyze the pages viewed by the visitor or user and the searches conducted; to enhance our marketing and commercial initiatives; to display promotions or advertisements, banners on interesting issues, and publish news about Mercado Libre, improve our offer of contents and items, and customize said contents, their presentation and services; we may also use Cookies to promote and enforce the Site’s rules and security. Mercado Libre may add Cookies in the e-mails it sends to assess the effectiveness of its promotions.

Additionally, we use Cookies to allow the User to enter his/her password less frequently during a browsing session, to help count and verify Users’ registration, activities and other information for the Mercado Socios Program and other commercial agreements, ensuring that the installation of Cookies is for the benefit of the User and that Cookies will not be used for any purposes other than those of Mercado Libre.

It is hereby established that the installation and existence of Cookies in the User’s computer depends on his/her exclusive will, and they can be removed from the computer whenever the User so desires. To find out how to remove Cookies from their system, Users should go to the Help Section on their browsers.

Furthermore, Cookies or other similar systems from third parties may be found on certain pages of our Site. For example, if Users browse a web page created by another User, there may be a Cookie on that web page. It is hereby expressly established that these policies cover the use of Cookies by this Site and not by advertisers. We do not control the use of Cookies by third parties.

Web Beacons

A Web beacon is an electronic image, also called single-pixel (1x1 gif) or transparent pixel, embedded in a webpage’s code. A Web beacon is similar in purpose to Cookies. Additionally, Web beacons are used to measure user traffic patterns from one page to another in order to optimize traffic flow across the Web. Users and visitors on MercadoLibre’s website know and accept that Mercado Libre may use a tracking system based on Web beacons.

Send this item to a friend

If you use the "Send this Item to a Friend" feature, Mercado Libre may request the recipient’s name and e-mail. Through this feature, Mercado Libre will send an automatic e-mail inviting the recipient to visit a specific item on the website. Mercado Libre will use the recipient’s e-mail address only to send this communication and do the relevant follow-up; however, this information will not be stored.

Based on its Privacy Policy, Mercado Libre adopts all necessary precautions to avoid unsolicited e-mails. Besides, Mercado Libre and its users do not accept spamming or unsolicited e-mails. Thus, any use of the Send this item to a friend feature for spamming purposes or to randomly send e-mail messages of any nature for whatever purpose, is hereby strictly forbidden. Please, do not send this kind of messages to those who request so.

 

Mercado Libre may suspend or definitely ban those users who use this service to advertise their items on sale or for any purpose other than the purpose of this service and who are reported by the individuals receiving such messages.

Any person who wishes not to receive these e-mail communications must request so to the Customer Care Team.

Personal information in special categories

In a posting under the “Cars, motorcycles, and other vehicles" and "Real Estate and Properties" categories, Users are allowed to include the seller’s telephone number. In any posting under the “Service” category, the Seller must include his/her e-mail address and telephone number, while the inclusion of his/her address and the URL of his/her website shall be optional.

Seller shall only be able to enter the referred information, as applicable, in the appropriate space at the time the item is posted. However, under no circumstances shall Seller include this information in the description or title of the posting, nor shall it be included outside the space specified to that effect.

Nor can Seller include any other piece of personal information, whether inside or outside the referred field.

 

Mercado Libre shall not be liable for any use the seller, buyer, any user or other individual may make of the information so posted.

Orders from competent authorities – Legal Requirements

Mercado Libre cooperates with competent authorities and other third parties to ensure compliance with the laws applicable to the protection of industrial and intellectual property rights, fraud prevention and other matters.

 

Mercado Libre may disclose users’ Personal Data upon request by competent judicial authorities or government officials for the purpose of their investigations, even without a court or executive order or a subpoena, or regarding for example (and without limitation) criminal or fraud investigations or those associated with computer piracy or copyright infringement. Under said circumstances, Mercado Libre shall cooperate with the competent authorities in order to safeguard the integrity and security of the Community and its users.

 

Mercado Libre may (and users expressly give us their consent to) transmit any Personal Data regarding its users in order to comply with applicable laws and cooperate with competent authorities to the extent that we, at our sole discretion, deem necessary in connection with the investigation of an illegal act or fraud, the infringement of industrial or intellectual property rights or any other alleged illegal activity which might subject Mercado Libre or its users to legal liability. In addition, we may (and users expressly give us their consent to) disclose the User’s full name, nickname, street address, city, region, zip code, country, telephone number, e-mail, etc. to the members of the Mercado Libre Intellectual Property Protection Program as we may deem necessary or appropriate in connection with the investigation of fraud, intellectual or industrial property rights infringement, computer piracy or any other illegal activity. This right shall be exercised by Mercado Libre in order to contribute to law compliance and enforcement, regardless of the existence of a court or administrative order for that purpose.

 

Furthermore, Mercado Libre hereby reserves the right (and Users expressly give us their consent) to communicate any information of its users to other users, organizations or third parties if there are sufficient reasons to believe that a user’s activity is suspected of constituting, or being an attempt to commit a crime or cause harm to other persons. This right shall be exercised by Mercado Libre at our sole discretion when appropriate or necessary to preserve the integrity and security of the Community and that of its users, to ensure compliance with the General Terms and Conditions and other Site policies, and to contribute to law compliance and enforcement. This right shall be exercised by Mercado Libre regardless of the existence of a court or administrative order for that purpose.

Security. Storage of information

Mercado Libre is bound by all applicable regulations in relation to security measures applicable to Personal Data. Additionally, Mercado Libre meets the industry standards with respect to the protection of the confidentiality of Users’ Personal Data, including among other devices, firewalls and Secure Socket Layers (“SSL”). Mercado Libre treats its Users’ data as an asset that must be protected against any loss or unauthorized access. We use different security devices to protect such personal information against unauthorized access by other users, whether from inside or outside our company. However, it should be noted that there is no such thing as perfect security on the Internet.

For that reason, Mercado Libre shall not be liable for the unlawful access or breach of our systems or databases by unauthorized persons, nor shall Mercado Libre be liable for any wrongful use of the information thus obtained.

 

All users’ personal information shall be stored in an automated personal information archive. The Mercado Libre archive of users’ Personal Data is located in the United States. Upon registration at Mercado Libre, users confirm that they are aware of the location of this archive and authorize the international transfer of their information. 

Changes to e-mail preferences

Notwithstanding the fact that Mercado Libre wishes to bring its users the latest information at all times regarding promotions, news, changes, etc., users can choose which e-mails and promotional information they would like to receive from Mercado Libre.

If you do not want to receive any e-mails, you can unsubscribe by changing your e-mail preferences, following the instructions provided in our communications or signing in to your account in the My Mercado Libre section. In that section, you can select your preferences for Mercado Libre to take into account in future communications, or you can send your preferences by postal mail to the address set forth in these policies.

 

In case of conflict between the English version with the Spanish one, the Spanish version shall prevail.