Privacy Notice

This is a courtesy translation. The Spanish version of this document is the official and governing text.

This Privacy Notice (“Notice”) of BLANCOS Y NEGROS BYN LTDA., corporate ID number 3-102-844612 (hereinafter, “ByN” or the “Controller”), applies to all personal information that ByN collects from its Users (hereinafter the “User”) through the digital platform Mozzo® located at the URL https://mozzolife.com/ (hereinafter, “Mozzo®” or the “Platform”), through its digital channels such as Social Media or online chats (hereinafter, “Digital Channels”), or information that ByN may collect through offline connections.

This Notice does not apply to information collected by any third party other than the Controller, including through any application or content (including advertising) that may be linked to or accessible from or within Mozzo®.

The purpose of this Notice is to inform the User about the information we collect, how that information will be processed, when and how it may be shared or transferred, the User's rights regarding the collection and processing of such information, the right to access and update it, and the security measures we use to protect it.

Glossary

• QR Code: QR (Quick Response) codes are two-dimensional barcodes, capable of storing certain types of information such as a URL, SMS, email, Text, etc., which can be read by the cameras of mobile devices or smartphones.
• Access and authentication credentials (Access credentials): an authentication mechanism made up of the username and password, security questions, PINs, tokens or biometric data, which allows the Platform to validate the User's identity and grant access to the user account and its features.
• User account: the virtual space assigned to each User or Client once registered on Mozzo®, which allows them to interact with the Platform's features and services.
• Services: features available to Users through the Mozzo® platform.
• Partner(s): restaurants, establishments selling prepared food with table service, hospitality or related services, that contract ByN for the services and features of Mozzo®.

Informed Consent

For the purposes of this Notice, the User shall be any natural person who uses the services of Mozzo®; therefore, the USER GRANTS THEIR INFORMED CONSENT FREELY, EXPRESSLY, KNOWINGLY AND UNEQUIVOCALLY TO BYN, so that, in its capacity as CONTROLLER, it may process the User's personal data in accordance with the provisions of this Privacy Notice, further endorsing, where necessary, such consent, acceptance and understanding through any messaging platform, electronic communication platform or Digital Channels with which the User contacts Mozzo®.

The USER's refusal to GRANT THIS INFORMED CONSENT TO THE CONTROLLER restricts the USER's ability to acquire the services, content and features offered by Mozzo® and/or to be contacted through any of the means provided by ByN, as well as through its Digital Channels.

By virtue of the foregoing, the USER's acceptance of the informed consent includes express authorization for the Controller to process personal data in accordance with the following provisions:

1.- What information do we collect?

The Controller limits the collection of information to that which is relevant to the services it markets in Costa Rica. Collection may be carried out directly or through third parties acting on our behalf. The collection of personal information is always done by lawful means, in accordance with the legislation of the Republic of Costa Rica, in particular Law 8968 on the Protection of Persons Regarding the Processing of their Personal Data and its Regulations.

1.1.- Information provided directly by the User

The User may share information directly as a requirement to create a user account and place orders, such as their full name, type of identification, email address, mobile phone number, country and payment method data (debit card or credit card). This information may be provided to register on Mozzo® and place orders through the Platform at any of the establishments of the Partners affiliated with Mozzo®, to maintain an existing commercial relationship between Mozzo® and the User, or to receive commercial or promotional information from Mozzo® or its services, as well as from the Partners affiliated with Mozzo®. In some cases, depending on the service requested, such service cannot be provided if the information is not supplied by the User.

If for any reason the User supplies information about a third party, they must always do so under their own responsibility, and with that third party's consent to provide their personal information. The Controller's processing of that third party's information will be carried out under that understanding, in good faith.

1.2.- Information provided indirectly

The Controller may collect certain information indirectly through the User's activity on the Platform, such as IP addresses, web browser type, internet service provider, referring and exit pages, device operating system, content viewed on Mozzo® by the User, clickstream data on the Platform, order history, preferences and consumption habits at the establishments of Partners affiliated with Mozzo®, as well as other metadata, for the purpose of analyzing trends, improving the operation and content of Mozzo®, and personalizing the User's experience. This collection of information may be carried out through commercial technologies such as cookies or beacons, as explained in the cookies section.

It may be possible to access information about the User's location, such as the GPS coordinates of the Partner's establishment where the User is located. If the User does not want Mozzo® to collect and use specific information about their geographic location, in some cases they can disable the location features on their device. The User can check the device manufacturer's settings to see how to do this.

2.- Purposes of the use of Users' information

The Controller uses the information collected from its Users on Mozzo® for various purposes, which include:

2.1.- Mandatory purposes

• The data collected by the Controller will be used to create the User account and present the User with the offer of products and services of Mozzo®'s Partners.
• Identify or authenticate the User when logging in to Mozzo®.
• Manage payments for each order placed by the User through Mozzo®.
• Store and share the User's payment method data with financial institutions to validate the payment method used and approve the transaction.
• Keep the User's information up to date within Mozzo®.
• Develop and implement fraud-prevention tools.
• Evaluate, maintain, improve and deepen the contractual relationship, including offering new products and/or services related to the products and/or services contracted.
• Improve the security of the Platform.
• Provide customer service.
• Legal compliance.

2.2.- Purposes necessary for the provision of the service

• Carry out activities related to the User's commercial profile, such as commercial, advertising and marketing campaigns related to products and services of Mozzo® and of ByN's Partners.
• Identify Users' preferences and consumption habits at the Partners' establishments.
• For User loyalty and satisfaction programs.
• Carry out statistical or behavioral studies on tastes and preferences regarding the products and/or services requested from the Partners.
• Analyze User trends and behaviors to improve the Partners' content offered through Mozzo®.
• Carry out commercial prospecting in order to identify the needs and tastes to be satisfied with the products and/or services offered by Mozzo®.
• Provide the User with information about events, news, promotions, advertising and loyalty programs, through email, landline, mobile phone, SMS, MMS, social media or similar means.
• Generate WhatsApp notifications from Partners to consumers.
• Generate WhatsApp notifications from Mozzo to Partners and/or Users.
• Measure the level of satisfaction regarding Mozzo®'s products and/or services.
• Consult and share with third-party providers data related to the fulfillment or non-fulfillment of obligations arising from the contractual or commercial relationships related to the products or services marketed by Mozzo®.

The information will be retained for as long as necessary to provide the service contracted and requested by the User, to back up the information, to comply with legal, regulatory, administrative, financial or compliance obligations, and to resolve controversies or disputes.

3.- Who is the information shared with?

3.1.- Partners affiliated with Mozzo

The information described in section 1 above may be shared with or entrusted to Partners affiliated with Mozzo® in Costa Rica or in other countries.

3.2.- Service providers

The Controller may also share the User's information with service providers that perform functions on behalf of the company or that provide services to the Controller, and that are contractually obligated to maintain the confidentiality of the personal information and to use it only for the purposes for which we disclose it. Some examples of such functions include customer-service platforms, web analytics services such as Google Analytics, the electronic invoicing services used by the Partners, CRM solutions, Call Center, instant electronic messaging applications (WhatsApp, Telegram, Facebook Messenger), email marketing platforms, administrative management solutions, email and calendar management software, online payment processing services, market research or business intelligence providers, and data storage and processing providers. ByN will also share the User's personal and financial information with the associated payment gateways and financial institutions for the correct management of the order payment at the Partner's establishment.

3.3.- Compliance

It is also possible that the User's information may be shared based on an obligation established by law, in order to comply with a judicial or administrative order, legal procedure or similar legal process, including disclosure to external auditors or legal advisors; or when we believe in good faith that such disclosure is necessary to protect our rights, protect the safety of the User or the safety of others, investigate or prevent fraud, or in response to a government request.

3.4.- Business operations

The Controller may share the User's information provided for in section 1 above in the event that ByN is party to a merger, absorption, transformation, acquisition, or sale or transfer of shares, or in the unlikely event of insolvency proceedings.

3.6.- Communication with the User

The Controller may communicate with the User by email, postal mail, telephone, text messaging systems (WhatsApp, Telegram, Line), chat, chatbot or other means, on a regular basis, to provide the products or services requested by the User or to periodically report on products, services, events or special offers.

4.- Information security

The Controller adopts reasonable security measures in accordance with applicable legislation and industry best practices to ensure that Users' personal information remains secure and up to date.

The User's sensitive personal information, such as debit or credit card data, will be stored encrypted on the Controller's servers and will be processed applying international information-security standards for online payments.

However, no data transmission over the Internet is completely secure; despite our best efforts to protect personal information, we cannot ensure or guarantee that it is completely secure, so the User assumes a reasonable level of risk in the processing of their information and is responsible for using and securely maintaining their Access credentials and other personal information, as well as the devices necessary to use Mozzo®.

5.- Exercise of Rights

The Controller respects the control that each User has over their personal information, and recognizes the rights of access, rectification, cancellation and objection conferred by law. Upon request by any User and after confirmation of their identity by verifying their identity document, we will confirm whether we hold or process information we have obtained from that User. Each User has the right to rectify or update incorrect or incomplete personal information, request the cancellation of their personal information, or request the cessation of its processing (objection). In certain cases we will not be able to delete the information, for example, if the request is incompatible with our legal, contractual, regulatory or compliance obligations, if it prevents ByN from exercising rights conferred by law or by a contract, or if the requester's identity cannot be verified or it involves a disproportionate cost or effort. However, the respective request will be answered within the legally established timeframes, providing the relevant explanations.

6.- Minors

The Site is intended for a general audience, and its content is not directed at children or minors under 15 years of age. The Controller does not collect or process personal information of children or minors under 15 years of age, unless permitted by law. If a User believes that personal information of their children or minors for whom they are the legal guardian may have been collected through Mozzo®, they can contact ByN to delete these minors' personal information when possible and legally binding.

7.- Cookies

Mozzo®, or some third parties that integrate with Mozzo® and provide services or features through the Platform, uses cookies, beacons and other similar technologies for various purposes, including analyzing trends, administering the Platform, monitoring Users' navigation on Mozzo® and storing demographic information.

Cookies are small pieces of information stored on devices' hard drives. A cookie allows the organization that placed it on your device to recognize it across different websites, services, devices and browsing sessions. For example, to identify a User when they return to the Sites in order to provide them with a better browsing experience. Third-party cookies may be allowed on Mozzo®, over which we do not control their use or content. Internet browsers allow you to configure the settings to accept or reject cookies, or to be informed when a cookie is sent. If the User chooses not to install cookies, they may not be able to take full advantage of the features and functions of Mozzo®. For more information about cookies you can visit the public reference sites http://www.allaboutcookies.org/es/.

Beacons and similar technologies are pieces of code embedded in web pages and emails that communicate with third parties. For example, beacons are used to count the number of visits to a web page, to send or communicate with cookies, and to study Mozzo®'s usage patterns. Likewise, beacons may be included in emails to know whether messages have been opened, reacted to or forwarded.

8.- Forums and Social Media

Mozzo® and/or its Digital Channels may offer access to publicly accessible community forums. The User should keep in mind that any information they provide in these areas is public and may be read, collected and used by ByN and by other people who have access. If the User does not want this information to be processed by the Controller, they must proceed to delete it. If they are unable to do so by their own means, they may expressly request it from ByN. In some cases, their personal information cannot be deleted.

9.- Third-party links

Mozzo® and/or its Digital Channels may contain links to websites owned, operated or administered by third parties, over which the Controller has no control. Any information the User provides to third-party websites will be governed by the terms of each website's policy or privacy notice, so the User should investigate those policies before disclosing their information on third-party websites. The Controller assumes no responsibility for the content, actions or policies of third-party websites. The inclusion of links to third-party websites on Mozzo® or on its social media in no way constitutes an endorsement of the content, actions or policies of those websites.

10.- Third-party functionality

If the User accesses services offered by third parties, such as Facebook, Google or Twitter, through Mozzo®, whether to log in to the Platform or to share information about their experience on Mozzo® with other people, those third-party services could collect information about the User, including information about activity on this Platform, and could likewise share their connections with those third-party services regarding the use of Mozzo®, in accordance with their own privacy policies.

11.- Changes to this Notice

This Notice was last updated on the date detailed in the header. The Controller reserves the right to modify this Notice at any time. In the event of any substantial change, we will notify you by means of a notice on the Mozzo® website. Your subsequent use of Mozzo® will be considered acceptance of such modifications. The User should make sure to review this Notice periodically to be familiar with the most current version. By using the Platform after the publication of changes to this Notice, the User accepts those changes.

12.- How to contact the Controller about these matters

The Controller is committed to protecting your information. If you have any questions about the processing of your personal information or wish to exercise the rights afforded to you under clause 5 of this Notice, you can contact us at the email address info@mozzolife.com.

13.- Applicable law and jurisdiction

This Notice is governed by the legislation of the Republic of Costa Rica. Any dispute arising in connection with this Notice will be resolved by the courts of San José.