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De Las Mías — Privacy Policy

Last modified:  July 6, 2021

 

1.Introduction

For purposes of this Privacy Policy, references to “we,” “our,” and “us” mean De Las Mías LLC.  We own and operate the website at https://delasmias.com/ and the De Las Mías mobile application available on Google Play and the Apple App Store (collectively, the “App”).  This Privacy Policy explains how and why we collect, use, and disclose information about you collected through the App.  If you do not agree with our policies and practices, your choice is to not use our App.  We reserve the right to change, modify, add, or remove portions of this Privacy Policy from time to time.  We will not, however, retroactively change how we share your personal information without your consent; in that case we will notify you by email or otherwise, and you will have a choice as to whether or not we may use your personal information in the new manner.

We will provide notice of any material changes to this Privacy Policy through the App or by other means as we deem appropriate before they take effect.  Please check back periodically for any changes we may make to the Privacy Policy.  Your continued use of the App following the posting of changes to this Privacy Policy means you accept these changes.

Finally, please remember that this Privacy Policy applies only to information collected by our App.  We are not responsible for the privacy of any information you share, reveal, or post through any in-app message or sharing feature of our App, or for the privacy practices of websites that are operated or owned by third parties.

2.Personal Information We Collect

When you interact with the App, we may collect information – some of which may identify you – such as:

Further, if you sync your Google Fit or Apple Health account with the App, we may collect information you input through those accounts, such as:

To the extent the above data is capable of identifying you, we refer to it as “personal information.”  We may also collect general information about the equipment you use to access the App, your operating system and browser type, the services that you use, times and dates of your interactions with the App, details of your transactions through and interactions with the App, and software event data.

3.How We Collect Information

We may collect information:

We also use cookies, which are described briefly below:

Cookies (or browser cookies).  The App uses cookies.  A “cookie” is a small file that we save on your computer or mobile device.  Our cookies help to give you faster access to pages you have already visited (e.g., by keeping you logged in if you select that option) and help you to participate in activities or events on the App.  They may also help us customize our offerings to you.  Many web browsers allow you to customize cookie options – such as disabling some cookies or alerting you when a cookie is being sent – but disabling cookies may affect your ability to access or use the App.

Testimonials.  We may display personal testimonials of satisfied customers on our site in addition to other endorsements.  If you wish to delete your testimonial from our App, you can contact us at info@delasmias.com.

Linking Your Account with Third-Party Applications.  Our App offers you the option to connect your account with third-party applications, such as Google Fit and Apple Health, that measure your activity level (e.g., the number of steps and distance walked, calories burned, and other personal metrics).  If you connect your account with a third-party application, the third party will know that you have an account with us.  At the same time, data collected by the third party (e.g., personal activity data collected) will be transferred to us and may be incorporated into your account under the terms of this Privacy Policy.  You have the option to disconnect the third-party applications from your account at any time via our App.  Please refer to the privacy policy of the third-party application provider (e.g., Google Fit or Apple Health) for further details, which may include information on what specific data is collected by that third party.

For Google Fit integrations, we use Google’s application programming interface or “API.” Our use of information received from Google APIs will adhere to the Google API Services User Data Policy (currently available here), including the Limited Use section of that Policy.

In-App Messaging and Sharing.  Our App allows you to share information (including personal information) in several ways, including through in-app messages and by allowing “Friends” or “Comadres” in the App to see certain details about you.  For example, you can allow your Comadres to see your Esos/achievements, favorite recipes, favorite activities, and daily steps, distance, and calories burned.  These features allow you and other users to communicate with and support one-another.  You can also share certain information about yourself and your achievements outside of the App by clicking the “Share” button in the App.  For example, you may want to share a daily calorie-burn accomplishment with family members via email.

THIS PRIVACY POLICY DOES NOT APPLY WHEN YOU CHOOSE TO SHARE INFORMATION (INCLUDING PERSONALLY INFORMATION) ABOUT YOURSELF WITH OTHER APP USERS OR OUTSIDE OF THE APP.

Therefore, unless you have a separate agreement with the third party with whom you are sharing your information (e.g., a healthcare provider – in which case the disclosure will be subject to any separate agreement (if any) between you and the healthcare provider and not this Privacy Policy), you should consider any information shared to be public – and understand that it may be seen or collected by third parties that do not adhere to this Privacy Policy.  Please think carefully before sharing any personal information.

4.How We Use Your Personal Information

We may use or disclose your information for one or more of the following business purposes:

5.How We Share Information

We may share non-personally identifiable information, such as anonymized user statistics, with third parties without restriction.  We do not share your personal information with third parties for third-party marketing purposes, or for any other purpose other than as described in this Privacy Policy.  Without limiting the foregoing, we may share the information we have collected about you, including personal information, as disclosed at the time you provide your information and in the following circumstances:

Friends/Comadres.  In the App, you will have the option to become “Friends” or “Comadres” with other App users.  You may adjust the ability of other users to send you Comadre requests, and the information you share with Comadres in the App’s Sharing & Privacy settings.  By default, we will share the following information about you with your Comadres:

We will also share your other Comadres’ names and profile pictures with your Comadres.  The sharing of these names and profile pictures with your Comadres may not be changed or deactivated in the Sharing & Privacy settings.

Third Parties Providing Services on Our Behalf.  We use third parties to host the App, design and operate the App features, and perform administrative, analytics, advertising, and communications services.  Services these parties provide include enabling us to send you email newsletters and marketing materials, and providing information to us about the use of the App and viewing of our content.  We may disclose your personal information to these companies so they can carry out these business purposes on our behalf.  These third parties may have access to personal information collected through our App, but such access is limited to the information reasonably necessary for the third party to perform its limited function for us.  We also require these third parties to protect the privacy of your personal information and not use or disclose your personal information for any purpose other than providing us with the products or services for which we contracted.

Currently, we use the services listed below for analytics and ad-serving.  Note that they may set and access their own cookies and web beacons on your device, and they may have access to related usage information.  We provide links where you can access additional information on their practices.

Google Analytics.  Google Analytics is a web analytics service offered by Google LLC that tracks and reports website traffic.  Google uses the data collected to track and monitor the use of our App.  This data is shared with other Google services.  Google may use the collected data to contextualize and personalize the ads of its own advertising network.  You may be able to prohibit Google from collecting and analyzing the cookie-generated data about your use of the App (including your IP address) by downloading and installing the browser plugin available here http://tools.google.com/dlpage/gaoptout?hl=en.  You may also opt-out of certain Google service features, such as through your device advertising settings, or by following the instructions provided by Google in its Privacy Policy: https://policies.google.com/technologies/partner-sites.  For more information on the privacy practices of Google more generally, visit the Google Privacy Terms web page:  http://www.google.com/policies/privacy/.

Promotions.  We may offer promotions through the App that may require registration.  By participating in a promotion, you agree to the terms, conditions and/or official rules that govern that promotion, including terms related to the disclosure of your personal information.

Administrative and Legal Reasons.  We may also disclose personal information to enforce or apply our Terms of Use, or if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us; and (b) protect and defend our rights or property, the App, its users, or the public.

Business Transfer.  We reserve the right to disclose and transfer all information related to the App, including, without limitation, your personal information and usage information:  (y) to a subsequent owner, co-owner, or operator of the App or applicable database; or (z) in connection with a corporate merger, consolidation, reorganization, divestiture, restructuring, the sale of substantially all of our equity interests and/or assets, or other corporate  change, including, without limitation, during the course of any due diligence process or during any bankruptcy, liquidation, or similar proceeding.

6.Sale of Personal Information

We have not sold, and—except in connection with a business transfer (described above)—we will not sell your personal information.

7. Links to Other Websites, Social Media Platforms, Mobile Applications, and Services

We are not responsible for the practices employed by websites, social media platforms, mobile applications, or services linked to or from the App, including the information or content contained therein.  Please remember that our Privacy Policy does not apply to third-party websites, platforms, mobile applications, or services.  Nor does this Privacy Policy apply to information we collect by other means (including offline) or from sources other than through the App.

8.Security

Personal information is stored in secure operating environments that are not available to the public.  Only those of our employees and agents who need access to your personal information to do their jobs are allowed access, each having signed confidentiality agreements or otherwise subject to a duty of confidentiality.  In some instances, personal information is encrypted during storage and transmission, and our App uses the https protocol.

While we make reasonable efforts to safeguard your personal information once we receive it, no transmission of data over the internet or any other public network can be guaranteed to be 100% secure.  As a result, we cannot ensure or warrant the security of any information you transmit to us or information we transmit to you from the App, and you assume all related risks.

We regularly review the information that we collect and store.  We generally retain your personal information until you request that we delete it. In certain cases, we may be required to continue to retain your data to comply with applicable law or in connection with a legal claim.

9.Access Outside the United States

The App is not intended to be accessed or used outside of the United States.  It is hosted on servers in the United States.  Any personal information you provide to us will be processed and stored on servers in the United States, the laws of which may be deemed by other countries to have inadequate data protection.  Accordingly, if you are located outside the United States, you consent and continue to consent to the processing and storage of such data in the United States.

10.Children Under 18

The App is not intended for children under 18, and we do not knowingly collect personal information from children under the age of 18.  If you are under 18, please do not use the App or submit any personal information through the App.

If you have reason to believe that a child under the age of 18 has provided their personal information to us, please contact us and we will delete that information.

11.Do Not Track

Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked.  At this time, the App does not respond to DNT signals.

12.Your Choices and Privacy Rights; Our Contact Information

Your Choices.  If you choose not to provide personal information, you may be unable to access or use the App or certain App features.  For example, if you do not provide your name (or sign up using your Google account that provides that information) you will be unable to create an online account.

Your Privacy Rights.  You may access and update or correct the personal information you provided to set up your account, or terminate your account, at any time through your account.  You can also adjust your privacy and notification settings through your account.  If you would like to obtain a copy of all personal information gathered by the App, terminate your account, or if you would like to update, correct, or delete your information, you may submit a request to us by email at info@delasmias.com.

Please note that we cannot delete your personal information without also deleting your account.  Please also note that personal information you provide through interactive features of the App – such as through in-app messages or sharing with other users, may continue to be retained by other users indefinitely and may be shared publicly by those users.

Depending on the law that applies where you live, you may have additional rights, such as the right to delete your information, object to processing of your personal information, and the right to request restrictions on such processing, or request that we send your information to another organization of your choice (where technically feasible).

Please note that we may ask you to verify your identity before responding to any request.  In any event, we will not discriminate against you for exercising your privacy rights.

Opting Out.  If you no longer wish to receive promotional and marketing communications from us, you may do so by sending us an email at info@delasmias.com.  You can also stop receiving certain types of email communications from us by clicking on the “unsubscribe” link provided in such communications.

Improper Collection and Misuse of Personal Information.  Please report any improper collection or misuse of personal information to info@delasmias.com.  Depending on the law where you live, you may also have the right to file a complaint with your local data protection authority.

13.Personal Information Collected and Your Rights Under the California Consumer Privacy Act of 2018 (“CCPA”)

The CCPA is a California law that gives California residents (“consumers”) the right to learn about and control certain aspects of how a business handles their personal information.  Under the CCPA, consumers have certain rights, including:

Consumers also have the right to not be discriminated against if they choose to exercise their privacy rights.

To exercise your rights under the CCPA, you can submit a request to info@delasmias.com or call (505) 466-8817.  Once we receive a request, we will take steps to determine whether your request is a valid Verifiable Consumer Request under the CCPA.  We will ask for information that is reasonable in light of the nature of your request.

Here’s a chart showing the types of personal information we collect in CCPA terms:

14.Our Contact Information

You may contact us regarding matters in this Privacy Policy at:

info@delasmias.com or (505) 466-8817.