Privacy Policy

In compliance with the Federal Law for the Protection of Personal Data in Possession of Individuals (“LFPDPPP”) in force in Mexico, we hereby inform you of the terms and conditions of this Privacy Notice of Personal Data (“Privacy Notice”) of COCAY MARCAS CON SENTIDO, S. A. DE C.V. as well as its subsidiaries and/or affiliates, (hereinafter “COCAY”) with address at Guadalupe Victoria 110 Super Manzana 64, Manzana 57, Lote 18, Donceles, C.P. 77524, Mexico, Cancun, Quintana Roo.

COCAY will collect personal data that you freely and informedly provide us, which may include personal data in general such as: your image, full name, phone number, device ID, email, place of work or residence, and/or if you act on behalf of a legal entity, solely for the purpose of identifying and verifying your information, for the use of different platforms, to properly provide digital and physical services of interconnection of people for the purchase and sale of works of art, which are generated through the creation of accounts. We may also collect your personal data by requesting personal photo identification credentials. In the collection of personal data we follow all the principles set forth in article 6 of the LFPDPPP related to legality, quality, consent, information, purpose, loyalty, proportionality and responsibility.

Among the purposes for which we may process your Personal Information, in accordance with the provisions of applicable laws, are the following:

1.- To provide services and functions. COCAY uses the data collected to provide, personalize, maintain and improve our art marketing platform. Mentioning, but not limited to, the following:

– Verify users’ identity, background and eligibility.
– Create and update user accounts.
– Offer, process or facilitate payments for our services and artwork.
– Offer, obtain, provide or facilitate billing with respect to our services.
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2.- Security. COCAY uses personal data to maintain the security and integrity of its services and users. This includes the following:

– Conducting the user screening process before allowing users to use our services and at subsequent intervals, including during background check reviews, where permitted by law, to prevent untrustworthy individuals from using our services.
– Use device, profile and usage data, among others, to prevent, detect and combat fraud or unsafe activities.

3.- Research and development. COCAY may use personal data collected for testing, research, analysis, service development and machine learning to improve the user experience. This helps us to improve communications between users.

Additionally, the information collected may be used to market our services to users, or for non-commercial communications such as generating receipts for users, informing users about changes to our terms and conditions, services or policies, or sending other communications that are not intended to market COCAY’s services or products.

4.- Legal Compliance: Subject to applicable law, we reserve the right to disclose information concerning any user of the Services when we have reason to believe that such user has violated our Terms and Conditions or other published guidelines or is engaged (or we have reason to believe that he or she is engaged) in any illegal activity, and to disclose information in response to governmental or court orders or any other authority, other governmental requests, civil law subpoenas, discovery requests and other requests as required by law or regulatory obligations.
In addition, we may disclose information about users when we believe in good faith that such disclosure is necessary to protect Cocay’s rights, property and safety of any of our users or the public, or in response to an emergency.

We want you to know that COCAY will never sell, rent or lease any of the Personal Information it collects. At all times we will make every effort and take all necessary measures to ensure that any personal information provided to us is kept private and secure.

Additionally, please be advised that we do not collect or otherwise process Sensitive Personal Information about race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual preference, actual or suspected criminal offenses or penalties, or any other information that may be considered sensitive (collectively, Sensitive Personal Information) in the ordinary course of our business, except where consent is explicitly granted to us in support of the registration process.

Minors. The Services are not intended for use by minors, particularly those under the age of 13. No one under the age of 13 should provide any Personal Information or use our public discussion areas, forums or chat rooms. Children under the age of 18 are not permitted to make purchases through the Services or obtain coupons or codes derived from the Services to purchase goods or services on third party websites. If, despite these prohibitions, your minors provide information about themselves in our public discussion areas, this may result in consequences not intended for minors (e.g., they may receive unsolicited messages from third parties). If we are identified as having collected Personal Information from anyone under the age of 13, we will promptly delete such information.

COCAY may hire one or more third parties, with whom it has previously entered into contracts with confidentiality and personal data protection clauses, as selected service providers to deliver the works of art to buyers, so COCAY may even transfer your personal data to such third party(ies) without a commercial purpose, nor illicit, but only to fulfill the aforementioned purposes. If you do not express your opposition in writing to the company and address indicated in the first paragraph or to the email account indicated below for your personal data to be transferred, it will be understood that you have given your consent to do so.

The holders of personal data may exercise their ARCO rights (access, cancellation, rectification and opposition to the processing of their personal data) or revoke the consent they have given to COCAY for the processing of their personal data, by sending their request directly to the Internal Control Department, through the email account sofiagutierrez@cocaybranding.com or at the offices of COCAY whose address has been indicated herein.

We reserve the right to change this Privacy Notice at any time. In case there is any change in this Privacy Notice, you will be informed through electronic means. We encourage users to periodically review this notice for the latest information on our privacy practices.

Date this Privacy Notice was last updated: 04/01/2022.