Privacy Notice - Stars

Última actualización: 10, AGOSTO, 2017

This “PRIVACY NOTICE” describes the ways in which we handle the information about the representative, client or independent distributor, direct salesman, star (hereinafter referred to in singular as “THE CUSTOMER”) collected by ANDREA USA OESTE LLC., its affiliates and subsidiaries (hereinafter ANDREA).

ANDREA, is a company committed and respectful of the rights of individuals and their personal information and it complies with the regulations stated in article 16 (sixteen),section II of the Political Constitution of the United Mexican States and the Federal Trade Commission of the US, as well as the provisions of the Federal Law on Protection of Personal Information Held by Private Parties (LFPDPPP is the Spanish acronym).Therefore, ANDREA issues this Privacy Notice so that the personal information Holder (“THE CUSTOMER”), can exercise his/her right to informational self-determination.

By accessing and using this website, whose domain name is:  www.andrea.com  and/or us.andrea.com, as well as the mobile applications, hereinafter referred to as “THE SITE” owned by ANDREA, you (the Holder) state that you are accepting the terms and the conditions contained in this notice and expressly declare your acceptance and consent using electronic means to this end, in terms of the provisions of Article 1803 of the Federal Civil Code. We encourage you to periodically review this Privacy Notice to learn more about our information practices as they change over time.

CONSENT
YOU AGREE THAT BY VISITING AND/OR PROVIDING AND TRANSMITTING YOUR PERSONAL INFORMATION TO ANDREA OR ITS SUPPLIERS AND AGENTS, YOU ARE ACCEPTING THAT ANDREA MAY COLLECT YOUR PERSONAL INFORMATION AND YOU APPROVE THAT WE MAY COLLECT, USE, PROCESS, DISCLOSE, TRANSFER, AND STORE YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY NOTICE, AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes defined herein at any time by contacting ANDREA as described below. If you refuse or withdraw your consent, you acknowledge that ANDREA may not be able to provide, or continue to provide you, with certain services or information that may be valuable to you.

1.- Identity and address of the information controller

The controller of the personal information is  ANDREA USA OESTE LLC., (ANDREA) which is a legal entity incorporated under the laws of the United States and whose address is 7603 Saint Andrews Ave, Suite AD 1 / 2 E, San Diego, CA. 92154.

Derived from its commercial operations, ANDREA imminently requires obtaining and storing non-sensitive personal information from THE CUSTOMER, therefore it wishes to process such personal information in accordance with the provisions of this Privacy Notice.

2.-Definitions

2.1 Owner.- The individual (THE CUSTOMER) who owns the personal information.

2.2 Responsible.- The private natural or legal person (ANDREA) that determines how to process the personal information.

2.3 Entrusted.- The natural or legal person, public or private, outside the responsible organization, which individually or jointly with others, processes personal information on behalf of the responsible party, as a result of the existence of a legal relationship that links him with the party and limits the scope of its action for the provision of a service.

2.4 Treatment.- The collection, use (including access, management, use, transfer or disposal of personal information), disclosure or storage of personal information by any means.

2.4.1 Transfer.- Any data communication made to a person other than the responsible or entrusted person.

2.4.2 Remission.- The communication of personal data between the responsible person and the person in charge, inside or outside Mexican territory.

2.5 ARCO Rights.- Rights of access, rectification, cancellation and opposition.

2.6 Tacit Consent.- The Holder has consented to the processing of information when, having made the Privacy Notice available, he does not oppose.

2.7 Primary Purpose.- The main purpose of collecting personal information that gives rise to the relationship between ANDREA and THE CUSTOMER.

2.8 Secondary Purpose.- The purposes that are not essential for the relationship between ANDREA and THE CUSTOMER but which treatment contribute to the fulfillment of the corporate purpose.

3.- Information to be collected and its origin

3.1 THE CUSTOMER agrees and acknowledges that ANDREA can directly obtain personal information by any means as follows: Full name, sex, marital status, date of birth, Social Security Number, home address (zip code, state, country, city or municipality, neighborhood, town, crossing streets, street, number, period of time lived at that address) telephone and / or mobile phone, shipping address (zip code, state, country, city or municipality, neighborhood, town, crossing streets, street, number and UPS account) and billing address (zip code, state, country, city or municipality, neighborhood, town, crossing streets, street, number), email, Facebook user, credit and/or debit card information (name of holder, number, expiration date, security code, account statement),bank account details. Xerox copy of: legible official color ID with photograph and credit and/or debit card account statement used to pay for ANDREA products and/or services.

3.2 THE CUSTOMER hereupon consents, in terms of the law pertaining to this matter, to ANDREA, using his/her personal information for the purposes set out in this Privacy Notice.

3.3  THE CUSTOMER hereupon, under oath, accepts that the information given to ANDREA is true, current, complete and accurate. In addition, THE CUSTOMER agrees to hold ANDREA harmless against any and all claims, costs, suits and damages, arising out of errors in the personal information provided.

3.4 ANDREA states that it can obtain personal information of the Holder through third parties (Independent Representatives) and so-called public sources, in order to validate, update and contact the Holder, always respecting the reasonable expectation of privacy stated in Article 7 of the LFPDPPP.

3.5 ANDREA will use IP information (Internet Protocol) to analyze any type of threats to THE SITE as well as to gather demographic information. However, the IP information will never be used to identify the Holders, except when there is a likelihood of fraudulent activity.

4. Purpose of obtaining personal information

4.1 ANDREA agrees and acknowledges that it will use the personal information of THE CUSTOMER, exclusively for the following primary purposes:

a. To enter the personal information in the software called SIAV MEXICO, SIOS, SIAA, SPI and SAP, for access by authorized personnel.
b. To identify THE CUSTOMER entering in a commercial relationship with ANDREA.
c. With regards of voice recordings, ANDREA will use them to identify THE CUSTOMER in all calls made to ANDREA´S Contact Center, in order to offer the products and/or services ANDREA sells, in an appropriate manner.
d. To develop electronic invoicing and credit notes arising from purchases of products sold by ANDREA.
e. For security reasons and to prevent fraud, in the payments made through credit and/or debit cards, to identify the Holder and the information of said credit and/or debit card.
f. To carry out transactions with credit institutions, arising as a result of business operations.
g. To request credit references from the Credit Bureaus.
h. To implement the necessary procedures to grant lines of credit.
i. To generate a personalized profile on our website (www.andrea.com) where THE CUSTOMER can view his/her account summary, transaction history, personal information we have about him/her, our current compensation plan, active services, notifications, account statement, and returns made.
j. To contact him/her by telephone, social media, ANDREA MOBILE app, email, text messages, messaging applications (WhatsApp, Line, Telegram, WeChat, etc.) and through the profile that he/she generates on the website www.andrea.com to attend and monitor requests for services and / or products, as well as to put him/her in contact with FINAL CONSUMERS interested in Andrea products.
k. To generate records in ANDREA´s COSTUMERS database to be preserved for the duration of the business relationship, and during the next 10 (ten) following years.
l. To ship products sold by ANDREA when shipping is requested.
m. To register you (derived from an express request to receive the services ANDREA offers).
n. To define and implement the compensation plan that derived from the services that you request may apply.

4.2 ANDREA may process THE CUSTOMER’S personal information for the following secondary purposes without infringement of the CAN-SPAM Act of the United States:
a. To send greetings on special dates.
b. To send multicarrier mass messages to cell phones, e-mails, via text messaging and/or through messaging applications (WhatsApp, Line, Telegram, WeChat, etc.) through third parties.
c. To report changes or new products related to the requested services.
d. To send advertising or marketing messages regarding products or services offered by ANDREA.
e. To assess the quality of services or products offered by  ANDREA 
f. To get your feedback in general and publish them through our website www.andrea.com and/or us.andrea.com.

4.3 If THE CUSTOMER doesn´t want their personal information to be used for all or some of the secondary purposes set out in section 4.2, he/she must submit a request for deletion of his/her information, specifying the purposes for which they don’t want their personal information to be used to the following email: privacidad@grupoandrea.com. You can also contact this email to inquire what information ANDREA has collected from you, as well as to request any change in your personal information.

4.4 SMS Texting Terms and Conditions: Mobile text messaging may be used to provide alerts/notices to ANDREA services subscribers. To decline the service, reply “STOP” to the initial text message you receive. You will receive 4 marketing text messages per month. Email “HELP” to: atencionaclientes@andrea.com for assistance. Standard message and data rates from your mobile carrier may apply. Compatible operators include (USA): Ntelos, Cellcom, Cellsouth, Carolina West, AT&T, MetroPCS, T-Mobile, U.S. Cellular, Sprint, Google Voice, Boost, Virgin Mobile and Verizon Wireless.

4.5 Likewise, ANDREA informs THE CUSTOMER that all personal data stored in physical and/or electronic media will be stored for 10 years, after the purpose for which it was collected is completed. After that period, it will be destroyed unless a prior deletion is requested in accordance with this notice or with applicable law.

4.6 The parties agree that in the collection and processing of personal information from THE CUSTOMER, ANDREA will observe and comply with the principles of legality, consent, information, quality, purpose, loyalty, proportionality and accountability.

5.- Options and means to limit the use or disclosure of your personal information

5.1 ANDREA, herein shall adopt, establish and maintain appropriate administrative, legal, technical and physical measures to protect your personal information against damage, loss, alteration, destruction or use, access or unauthorized use, to the extent of its capabilities among which are included, but are not limited to (i) internal access to information policies, (ii) Verisign is used to encrypt information, (iii) firewall equipment (iv) no-breaks equipment, (v) restrictions on Internet in computer equipment (vi) protection through endpoint antivirus on all USB outputs and CD burners on all staff computers (vii) maintain backup equipment current, (viii) personalized accounts to access the system through user names and passwords;(ix) guarantees the confidentiality of information and personal information through confidentiality agreements with all suppliers, service providers and collaborators.

5.2 2 If you no longer desire that your personal information be shared with third parties for marketing purposes, you may opt-out on our site where you register and each time you provide personal information to us. Please note that the opt-out option to share your information with "third parties" will not apply in situations where: a) simultaneously or subsequently you request information from us, or b) ANDREA uses your personal information for operational purposes (for example to complete transactions requested by you, or to send you notices about your account with us or about our website´s features, including any future changes to this Privacy Notice, or any other policy or terms that may affect you and your use of the website) or for compliance purposes (for example, sharing with companies that facilitate transactions and communications with you).

5.3 Similarly, THE CUSTOMER, may unsubscribe from the list of advertising or marketing mass mailings from ANDREA by clicking the "Unsubscribe" link at the bottom of all emails sent by ANDREA after which he/she will stop receiving such emails.

5.4 Notwithstanding the foregoing and in case security breaches occurred at any stage that significantly affect the economic or moral rights of THE CUSTOMER, he/she will be informed in writing immediately, by ANDREA so that he/she can take appropriate measures to defend his/her rights, releasing ANDREA of any liability as long as the violation is not attributable to it.

6.- Party responsible for processing claims

Should THE CUSTOMER wish to revoke his/her consent, and access, modify, cancel or oppose the processing of the personal information he/she provided, he/she must request it to the following email address:

Nombre: Lic. Edgar López Garcia
Correo electrónico: privacidad@grupoandrea.com

7.- Means to revoke consent

THE CUSTOMER can revoke the consent granted herein. Such revocation of consent must follow the following procedure, using the format provided by ANDREA:

7.1 Send an email to the responsible party designated in paragraph 6 (six) of this notice.

7.2 Send a revocation of consent or message to the specified e-mail, indicating:

7.2.1 THE CUSTOMER´s full name and the email where he/she wishes to receive the response to the request;

7.2.2 The reason for his/her request;

7.2.3 The reasons that support his/her request;

7.2.4 An official document proving his/her identity; and

7.2.5 The date on which the revocation of consent becomes effective.

7.3 ANDREA will notify THE CUSTOMER of the decision, within a period of twenty (20) working days from the date on which the revocation request is received, so that if warranted, it becomes effective within 15 (fifteen) days after the date on which the response is sent, stating that all the steps have been taken to stop sharing THE CUSTOMER´s information.

8.- Method to exercise the rights of access, rectification, cancellation and opposition (“ARCO rights”)

8.1 The parties agree that in order to exercise the ARCO rights, ANDREA has made available to THE CUSTOMER the email address listed in paragraph 6 (six) of this Notice. Said e-mail was specially created to process such requests.

8.2 In order to exercise the ARCO rights, THE CUSTOMER must follow this procedure, using the format provided by ANDREA:

8.2.1 Send a request or message to the email provided, stating:

8.2.2 The full name of the Holder and the email where he/she wants to receive the response to his/her request;

8.2.3 State that the Holder is a CUSTOMER as well as the reason for the request;

8.2.3.1 Include the arguments that support the request;

8.2.3.2 Official document certifying your identity and showing that you are who you claim to be;

8.2.3.3 Clear and precise description of the personal information for which THE CUSTOMER seeks to exercise any of his/her ARCO rights and any other item or document that can help ANDREA find his/her personal information.

8.2.3.4 In the case of requests for correction of personal information, in addition to the above, THE CUSTOMER must explain the amendments he/she wishes to be made and provide documentation supporting his/her request.

8.2.4 ANDREA, will notify the Holder of the resolution, within a period of 20 (twenty) working days from the date on which the request for access, rectification, cancellation or opposition was received, so that, if appropriate, the modification takes effect within 15 days from the time the answer is communicated.

In regards to requests for access to personal information, proof of identity of the applicant or legal representative, as appropriate will be required in order to release the information.

9.- Transfer of personal information

9.1 Furthermore, under article 37 of the LFPDPPP, THE CUSTOMER acknowledges and agrees that ANDREA may transfer his/her personal data to third parties without his/her consent if that is necessary to fulfill the purposes of this notice and applicable law.

9.2Consequently, ANDREA undertakes not to transfer THE CUSTOMER ’S personal information to third parties for purposes other than those set out in this Privacy Notice.

9.3 Notwithstanding the foregoing and in case security breaches occurred at any stage of the treatment, which significantly affect the economic or moral rights of THE CUSTOMER, he/she will be informed via email, immediately, so that he/she can take the appropriate measures to defend his/her rights, releasing ANDREA from any liability, if the violation is not attributable to it.

10.-Use of Cookies and Web Beacons

10.1 ANDREA acknowledges that “THE SITE” may use cookies in connection with certain features or functions. Cookies are specific types of information that a website transfers to the hard drive of the computer of the user in order to keep records. Cookies can be used to facilitate the use of a website, saving passwords and preferences while the Holder surfs the web.

10.2 “THE SITE” uses cookies to obtain or store personally identifiable information from the user’s computer that was not originally sent as part of the cookie.

10.3 The Web Beacons are embedded images in a web page or email, which can be used to monitor the behavior of a visitor and store information about his/her IP address, the duration of interaction on that page and the type of browser used, among others.

10.4 Although most browsers accept cookies and Web Beacons automatically, the user can set his/her browser not to accept them.

10.5 To disable the cookies; follow the steps provided in these links:
a) Internet Explorer:
http://support.microsoft.com/kb/283185;
b) Firefox:
http://support.mozilla.org/es/kb/Habilitar y deshabilitar cookies?s=deshabilitar cookies&r=0&e=es&as=s;
c) Opera:
http://help.opera.com/Windows/11.60/en/cookies.html;
d) Safari iPad:
http://manuals.info.apple.com/en_US/iPad_iOS4_User_Guide.pdf;
e) Safari iPhone:
http://manuals.info.apple.com/en_US/iPhone_iOS3.1_User_Guide.pdf; y
f) Chrome: 
http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

11.- Guarantor Authority

If you believe your data protection rights have been breached by any conduct or omission on our part, or you believe there has been a violation of the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, its rules and other applicable regulations, you may file an appeal or complaint with The National Institute for Transparency, Access to Information and Personal Data Protection (INAI is the Spanish acronym). For more information, we suggest you to visit their official website at www.inai.org.mx.

12.- Amendments

The parties agree that this Privacy Notice may be modified when and how ANDREA sees fit. ANDREA will notify THE CUSTOMER of such changes by a pop up message on www.andrea.com, so that where appropriate; THE CUSTOMER can exercise his/her ARCO rights.

If THE USER TO THE SITE does not express disagreement to the changes, that represents his/her consent and authorization in all respects.

13.- Children

We do not knowingly ask for personal information of anyone under the age of 13 (a "children"). If a child gives us personal information and we know that the person providing the information is a child, we will not use it for any purpose. We will implement all commercially reasonable efforts to remove the information as soon as we discover it and will not disclose it to third parties. If you become aware that a child has provided personal information to our site, please e-mail us at privacy@grupoandrea.com or call Customer Service toll-free at 1-877-263-7320. Additionally, please use this same process to request the removal of content or information that was posted on our site when the registered user was under 18. Please note that these requests cannot ensure the complete or exhaustive removal of the content or information, for example, some of the content may have been forwarded by another user.

While ANDREA's policy prohibits children under the age of 13 from registering on our site, parents must monitor their children's online activities and consider the use of parental control tools available through online services and software vendors. They help to provide a friendly online environment for children. These tools can also prevent children from revealing their name, address and other personal information online without parental permission.

14.- Your California Privacy Rights

Under the California Civil Code, section 1798.83 (also known as SB 27), if you are a resident of California and your business relationship with Andrea is primarily for family, domestic or personal purposes, you are allowed to request information once a year regarding the disclosure of your personal information by ANDREA to its affiliates and/or third parties for direct marketing purposes, if any. We comply with this law, giving users the ability to ask us not to share personal information with third parties for direct marketing purposes. To make such a request, please send an email with your name, last name, mailing address, email address and phone number to privacy@grupoandrea.com please include "California Privacy Rights" in the subject line of the email. We will provide you with a list of the categories of personal information that have been disclosed to third parties for direct marketing purposes within the immediately preceding calendar year, together with the names and addresses of the third parties. Please note that not all personal information exchange is covered by the requirements of the S.B. 27..

15.- Do Not Track

Do Not Track (DNT) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites you encounter and other web services you encounter while browsing, to stop tracking the activity. Currently, DNT technology is not yet universally implemented and not all browsers support it. Therefore, ANDREA does not detect the DNT signals. Instead, if a DNT signal is not detected, the disclosure practices and information collection and the options ANDREA offers will continue to apply as described in this Privacy Notice. For more information about DNT, go to http://donottrack.us/.

16.- Applicable Law and Jurisdiction

16.1. The parties state that this notice shall be governed by the applicable laws in Mexico, in particular, by the provisions of the Federal Law of Personal Information Held by Private Parties and its Regulations.

16.2. In the event of a dispute or controversy arises from the interpretation, enforcement or compliance of the notice and / or any of the documents derived therefrom, or in connection therewith, the parties amicably, will seek to reach an agreement within a period of 30 (thirty) calendar days from the date on which any difference arises, notifying in writing of such event to the counterparty, conducting the mediation process at the Centre for Alternative Justice Federal District, under the Alternative Justice Act of the High Court of the Federal District and its internal regulations, in force when the dispute arises.

16.3. If the parties do not reach an agreement, herein they accept to submit all disputes arising out of this notice and/or any of the documents derived therefrom, or in connection with this or those, to be resolved definitively and submit to the jurisdiction and laws of the Federal Administrative Authorities or the courts of Mexico City, Federal District expressly waiving any other jurisdiction that for reasons of their present or future domiciles may apply.

This Privacy Policy was last modified on the date indicated above and is effective as of that date.