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Privacy Notice

Yana App, S.A.P.I. de C.V. — Last update: August 3rd, 2023

YANA APP, S.A.P.I. de C.V., (hereinafter "Yana" or "We"), with its registered office at Av. Paseo de la Reforma #404, Piso 1, Interior B, Col. Juárez, Del. Cuauhtémoc, C.P. 06600, Ciudad de México, México, with Federal Taxpayer Registry number YAP170328656 and website https://yana.ai/, as well as any other subdomain, linked or redirected domain to the same and/or mobile application compatible with the Android and iOS operating systems (hereinafter the "Platform"), is the Controller of the processing and protection of Personal Data (the "Personal Data") that you share with Yana.

At Yana, we value the privacy of all individuals who share their personal data with us, including but not limited to clients, data subjects, suppliers, and employees (hereinafter "You" or the "Data Subject"), and we are committed to protecting them. In this regard, we inform you of this Privacy Notice (the "Privacy Notice").

By using or browsing within our Platform, you are expressly accepting the collection and processing of your Personal Data in accordance with this Privacy Notice.

I. For what purposes will Yana use your Personal Data?

We will use the Personal Data we collect for the following purposes, which are necessary for the provision of Yana's services:

a) Primary Purposes: (i) Provide you with the services you have requested from Yana; (ii) Register your online account; (iii) Use the platform; (iv) Identify and contact you during the provision of services; (v) Address your comments, complaints, and suggestions; and (vi) Comply with legal obligations and requirements of competent authorities.

Additionally, we will use your personal information for the following purposes that are not necessary for the requested service but allow us to provide you with better attention:

b) Secondary Purposes: (i) Evaluate the quality of our service; (ii) Promote Yana's services; (iii) Carry out marketing activities; (iv) Create advertising and promotional announcements; and (v) Conduct statistical data analysis.

In the event that you do not wish for your Personal Data to be processed for these secondary purposes, you can inform us at this time, following the process outlined in section X (Roman numeral ten) of this Privacy Notice. Refusal to use your Personal Data for secondary purposes cannot be a reason for us to deny the services you contract with us.

For the aforementioned purposes, Yana may request one or more of the following categories of Personal Data:

  • Identification data;
  • Contact information;
  • Financial data; and
  • Location data (IP).

The Personal Data that Yana may have access to varies depending on the server and privacy settings. The processing of your Personal Data at Yana is carried out in accordance with the principles of legality, loyalty, information, consent, purpose, proportionality, quality, and responsibility as per the applicable legal provisions.

II. Does Yana collect sensitive Personal Data?

In addition to the Personal Data mentioned above, Yana may request, collect, process, and/or use the following Personal Data considered sensitive and requiring special protection:

  • Health data: Information concerning an individual related to the assessment, preservation, care, improvement, and recovery of their physical or mental health, present, past, or future, as well as genetic information.
  • Ideological data: Information about the ideological, religious, philosophical, or moral positions of an individual.
  • Data about sexual life: Information about an individual related to their behavior, sexual preferences, practices or habits, partners, and sexual activity.

However, in the case of sensitive Personal Data, these will only be processed and used by Yana following a process of anonymization.

III. What is the Anonymization of Personal Data and in which cases is it used?

Anonymization is the process by which all information that allows the identification of the Data Subject is disconnected, preventing the information from being linked to a specific or identifiable person.

Yana commits to ensuring that, in the event of using Personal Data to generate statistical data, they will undergo processes of dissociation to prevent association with the Data Subject.

IV. Where do the personal data we collect come from?

The Personal Data processed at Yana comes directly from the information you provide when accessing our Platform, requesting and/or receiving our services, or establishing any kind of relationship with Yana.

Yana is committed to the privacy of minors and incapacitated individuals; therefore, we refrain from intentionally collecting and/or processing Personal Data belonging to them without the express consent of their parents, guardians, or legal representatives.

If you are a parent, guardian, or legal representative of a minor or incapacitated individual and are aware that they have provided Personal Data to us without their consent, you can request the cancellation of such data through the procedure outlined in this Privacy Notice.

V. What is the legal basis for processing your Personal Data?

We inform you that the legal basis for the processing of your Personal Data is the Federal Law on Protection of Personal Data Held by Private Parties, its guidelines and regulations, as well as those contained in this Privacy Notice and the Terms and Conditions of Use.

As a Mexican company, Yana is regulated under the laws of the Mexican Republic. Therefore, regardless of your location or nationality, by using the Platform and/or our services, you are agreeing to resolve any disputes or interpretations of this Privacy Notice in Mexican courts and in accordance with the current applicable laws of Mexico City, waiving any other jurisdiction based on nationality, domicile, or any other present or future reason.

VI. Can Yana transfer your Personal Data?

Yes. To provide you with adequate service, Yana may transfer your Personal Data to the entities listed below. By accepting this Privacy Notice, you acknowledge and accept that Yana may communicate or grant partial or total access to Personal Data without the need to request your authorization again, to:

a) Service Providers: Third parties contracted to act on behalf of Yana, such as: (i) providers of artificial intelligence interface We at OpenAI OpCo, LLC ("OpenAI") whose Terms and Conditions (https://openai.com/policies) and Privacy Notice (https://openai.com/policies/privacy-policy) we ask you to read before using Yana's services, and if you do not accept them in full, we ask you to refrain from using Yana's services; (ii) companies or institutions dedicated to payment management such as AppStore or PlayStore; (iii) Administrative, legal, and/or accounting services; (iv) Providers of computer systems, cloud services, and general technological services; (v) Customer service centers; (vi) Advertising or marketing agencies; (vii) Data analysis; (viii) Developers; (ix) Controlling, subsidiary, affiliated, or corporately related entities with Yana through which Yana provides services; and (x) Collection agencies. The information provided to these providers will be solely and exclusively necessary for the proper execution of the services they will provide to Yana.

b) Business Partners: Institutions or companies with which Yana has signed a contract to offer you a better service.

c) Authorities: Administrative and judicial authorities that, in the exercise of their competence, require information, or when Yana discretionally considers that there are sufficient grounds to suspect the commission of any offense or crime.

Yana will not communicate, transmit, or transfer your Personal Data to any recipient other than those mentioned in the paragraphs above without your express or written authorization. In every data transfer, Yana will only share information that is strictly necessary for the fulfillment of its obligations, and in cases where it does not affect the provision of services, Yana will, before transferring the information, undergo a data anonymization process.

In this sense, if the Data Subject does not express opposition to their non-sensitive Personal Data being communicated to third parties, it will be understood that they have given their tacit consent in this regard.

We consider it important to indicate that Yana will generate statistics based on non-individualized and non-personalized information regarding various aspects related to mental health.

In the event that Yana is acquired by a third party, the Personal Data collected will be transferred to the acquirer of Yana. In such case, the acquirer, as the new data controller of your Personal Data, will continue to maintain the necessary administrative, technical, and physical security measures to ensure the privacy and protection of the collected Personal Data against damage, loss, alteration, destruction, or unauthorized use, access, or processing, in accordance with this Privacy Notice. This is understood under the condition that Data Subjects must accept the new privacy policies.

VII. What measures does Yana employ for the protection of your Personal Data?

Yana commits to treating all collected information under high-security measures, ensuring its confidentiality. Therefore, all Personal Data collected will be stored in the database or storage and information collection system of Yana, which has high-security measures to safeguard the privacy and protection of Personal Data collected against damage, loss, alteration, destruction, or unauthorized use, access, or processing.

As a result, Personal Data is protected both online, through encryption codes, and offline, as only personnel designated for specific tasks with Personal Data have access to the Database. These procedures are constantly evaluated and updated by Yana.

VIII. How long will Yana retain your Personal Data?

Your Personal Data will be retained for the entire duration of the services provided by Yana. Once Yana ceases to provide you with services or when your data is collected, whichever occurs later, Yana will safeguard your data for 5 (five) years thereafter, unless you request deletion according to the procedure established in the following section, in accordance with the storage obligations required by current legislation.

IX. What are your rights regarding your Personal Data?

In accordance with the Federal Law on Protection of Personal Data Held by Private Parties (the "Law") and its regulations, your rights regarding your Personal Data ("ARCO(R) Rights") are as follows:

  • Right to access your Personal Data;
  • Right to request its Rectification when inaccurate or incomplete;
  • Right to Cancel its processing;
  • Right to Object to processing;
  • Right to Revoke consent to processing;
  • Right to request limitation of processing;
  • Right to portability of your Personal Data; and
  • Right to file a complaint with a supervisory authority.

If you provided your consent for a specific purpose, you have the right to withdraw the consent granted at any time, without affecting the legality of the processing based on the previous consent withdrawal.

X. How can you assert your ARCO(R) Rights?

To exercise any of the ARCO Rights, you must:

  1. Prepare a written document addressed to us (Yana) indicating: (i) your full name; (ii) the email address where Yana can respond to your request; (iii) your relationship with Yana; and (iv) a brief description of the facts, including as precisely as possible, which right you want to assert and regarding which data.

For requests for rectification of Personal Data, you must indicate, in addition to the above, the modifications to be made and provide documentation supporting your request.

  1. Attach a simple copy of the documents proving your identity or, if applicable, the legal representation of the Data Subject to your document.

Direct your document to the following email: [email protected] or to the address: Av. Paseo de la Reforma #404, Piso 1, Interior B, Col. Juárez, Del. Cuauhtémoc, C.P. 06600, Ciudad de México, México, whichever you prefer, attention to the "Department of Personal Data."

Once we receive your request, we will confirm its receipt to the email address you provided in your document. From the day we confirm the receipt of your request, Yana will have a maximum period of 20 (twenty) business days to respond so that, if deemed appropriate, it can be implemented within the following 15 (fifteen) business days from the date the response is communicated.

The aforementioned deadlines may be extended only once for an equal period, provided that the circumstances justify it.

It is important to clarify that, in addition to the process established here, if you believe that your rights regarding the protection of your Personal Data have been violated, you have the right to go to the corresponding authority to defend your exercise. The authority is the National Institute for Transparency, Access to Information, and Protection of Personal Data ("INAI"), whose website is: www.inai.org.mx

The email [email protected], as well as the other emails of our Yana collaborators, are available for the purposes mentioned in this Privacy Notice, as well as solely for seeking guidance on places or offices to turn to in case you need assistance from a specialist. Please note that Yana is not a specialist in addressing psycho-emotional problems and crises and is not qualified to provide guidance on such matters.

XI. How can you stop receiving Yana's advertising messages?

Yana may send you emails with advertising messages, which you can stop receiving at any time by clicking on the "I do not want to receive more emails of this type" link embedded in such emails sent by Yana.

XII. What is the creation of a logic-based profile, and in what cases does Yana perform it?

The creation of a logic-based profile is considered the automated processing of Personal Data consisting of using Personal Data to evaluate certain personal aspects of a person to analyze or predict aspects related to you.

It is informed that in the processing of your Personal Data, there are automated decisions, and logic-based profiles may be created where applied logic is required.

XIII. Does Yana use Artificial Intelligence in the provision of its services?

We would like to inform you that Yana does use tools of Artificial Intelligence to provide its services, serving as an interface to enhance communication between Yana and the User.

The Artificial Intelligence tool used by Yana is We at OpenAI OpCo, LLC ("OpenAI"). Therefore, to use Yana's services, it is essential to read and accept the Terms and Conditions (https://openai.com/policies), as well as the Privacy Notice (https://openai.com/policies/privacy-policy) of OpenAI. If you do not agree with the entirety of the terms and conditions and the privacy notice, you should refrain from using Yana's services. Continuing to use Yana's services will be understood as your explicit acceptance of this Privacy Notice, as well as the Terms and Conditions and Privacy Notice of OpenAI.

Yana reminds you that the use of Artificial Intelligence helps provide you with a better experience; however, the responses generated are not crafted or reviewed by humans. In case of any issues, discomfort, questions, comments, or suggestions, please contact us immediately at the following email: [email protected].

While all the information you share when chatting with Yana is anonymous, for your safety, please refrain from including information related to bank accounts, passwords, or similar information that, even when anonymous, may pose a risk to you.

XIV. Does Yana use cookies and web beacons?

It is important to mention that our Site uses cookies and web beacons, through which it is possible to analyze the behavior of Internet Users within our portal, with the aim of providing better service and enhancing the browsing experience on our site. Additionally, services based on your preferences may be offered. Personal and/or sensitive data collected through these technologies will be used for the following purposes:

  • Analysis and statistics of our website.
  • Improvement of the service, quality, and performance of our website.
  • Offering new products and services based on your preferences.

The Personal Information obtained from these analysis technologies includes:

  • Technical characteristics of your device.
  • Region where you are located.
  • Type of browser you use.
  • Type of operating system you use.
  • Date and time of access and exit from the Platform.

These technologies can be disabled as long as a web browser with private browsing is available and enabled. However, disabling or blocking such analysis technologies may cause our Platform not to function correctly. To learn more about these types of technologies, you can consult the following website: http://www.allaboutcookies.org/en/

XV. Use of IP Address

The IP address, in general, serves to identify and locate a device on an internal or external network, allowing internet service providers to monitor and track data traffic on a specific site, often to offer personalized services.

Yana informs you that when you access Yana's Chatbot, whether through the Platform or any external site for virtual assistance, it is understood that you give your express and unequivocal consent for the collection of the IP address. Yana will use your IP address to personalize the content of the Platform to provide you with a better service.

Yana commits not to link IP addresses to any information that identifies you individually, ensuring that conversations remain anonymous.

To obtain your unequivocal consent, in the specific case of accessing the WhatsApp® Chatbot, you will receive an initial message to confirm that it is your desire to use Yana's services:

"Welcome to Yana! By accessing this Yana Chatbot, we understand that you accept and are aware of our Privacy Notice and Terms and Conditions. Please do not continue to use Yana if you do not agree with them.

Thank you for getting in touch with us."

XVI. What happens if you access another site from our Platform?

The Platform may contain links to other platforms that are not owned by Yana. Therefore, Yana is not responsible in any way for the privacy policies or content of the websites you access through our Platform. We recommend that every time you enter a new site, you read its privacy notice and only use its platform and/or services when you fully agree with them.

XVII. How do we notify you if we make any changes to our Privacy Notice?

This Privacy Notice may undergo modifications, changes, or updates from time to time due to new legal requirements, Yana's own needs for the services offered, privacy practices, or changes in the operational model or other causes. Yana commits to keeping you informed about changes to this Privacy Notice through our Platform.

XVIII. Acceptance of Terms

This Privacy Notice constitutes a legal agreement between you (the Owner) and Yana. By using the services of this web Platform, it means that you have read, understood, and consented to the terms stated above.

This Privacy Notice will be applicable in the United Mexican States, the United States of America, and the European Union based on what is applicable in Mexican legislation and the General Data Protection Regulation (GDPR) of the European Union, to the extent applicable and not contrary to the provisions of the legislation of the state where the Owner resides.

For any questions in this regard and any related to this privacy notice, you can contact us at the email [email protected].

Last update: August 3rd, 2023

Yana App, S.A.P.I. de C.V.

Reproduction, in whole or in part, by any means or form, without the prior express written authorization of the owner is prohibited.