Privacy Statement for International Payments

Updated on September 16th, 2024

At Mercado Pago, we understand the importance of protecting our Users' personal data so they can use our services in a secure and reliable manner.

In order for you to register as a Mercado Pago User and manage your transactions across the different sites where you operate from a single location, we will process your personal data. Therefore, in this Privacy Statement (“Statement”), we inform you how Mercado Pago processes your personal data and the rights you have to control it.

This Privacy Statement applies to all personal data you provide or that we collect from you through our Platform. Please note that, unless expressly stated otherwise, this Privacy Statement will prevail in the event of any inconsistency between it and any other Mercado Pago privacy statement concerning the personal data mentioned in this Privacy Statement and for the purposes described herein.

Please read this Privacy Statement carefully before using the Platform or submitting any personal data to Mercado Pago.

 

1.- Who is the Personal Data Controller?

MP Agregador S. de R.L. de C.V., domiciled at Av. Insurgentes Sur 1602, 9th Floor, Col. Crédito Constructor, Alcaldía Benito Juárez, Zip Code 03940, CDMX, Mexico is responsible for processing your personal information under this Privacy Statement.

2.- Definitions

“Data Protection Authority”: refers to a governmental or supra-governmental, judicial or administrative authority that has oversight and control powers concerning personal data. The correspondent Data Protection Authority for each country is detailed in Annex I “Specific Conditions for each Jurisdiction.”

“Personal Data”: refers to any information about an identified or identifiable individual. An identifiable person is considered to be anyone whose identity can be determined, directly or indirectly, by means of an identifier, such as a name, an identification number, location data, an online identifier, or one or more elements specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.

“Sensitive Data”: Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerning a person's sex life or sexual orientation.

“Personal Data Protection Laws”: refers to all laws, rules, regulations, and orders related to the privacy, security, confidentiality, and/or integrity of Personal Data that apply to the processing activities involved in this Privacy Statement.

“User”: refers to those legal entities that maintain a seller account and manage payments for the sale of products and services they list and offer through their own website from their country of residence using Mercado Pago´s Platform.

“Representatives” or “Collaborators”: refers, for example, to shareholders, ultimate beneficiaries or individuals exercising control, legal representatives, authorized users, or contact persons of sellers who interact with Mercado Pago through a seller account or whose information is submitted to Mercado Pago on behalf of a seller.

“Platform”: refers to the website operated by Mercado Pago to manage International Payments, which is available through https://global-selling.mercadopago.com

3.- What information do we collect and process?

To manage International Payments Account through our platform, we will request the following information:

Contact Information: When you contact us or when creating seller´s Mercado Pago account, you provide us with (i) email address, (ii) address, and (iii) country of origin.

Account Registration: To register as a User and use our Platform, you must provide the following personal information: (i) Full name, (ii) Date of birth, (iii) Type of Identification Document, (iv) Identification document number, (v) Expiration date of the identification document, (vi) Nationality, (vii) Address.

Identity Verification and “Know Your Customer” (“KYC”) Process: For these purpose, you must provide: (i) First name, (ii) Last name, (iii) Photo of your identification document, (iv) Tax identification, (v) Real-time photo, (vi) Email address, (vii) Address, (viii) Proof of your relationship with the Seller, (ix) General power of attorney.

For individual shareholders of the company, a “Company Shareholder Certificate” will be required, which must include: (i) Full name of the shareholder, (ii) Tax identification number, (iii) Number of shares, (iv) Percentage of ownership, (v) Nationality, (vi) Date of birth, (vii) Address, (viii) Type and number of identification document, (ix) Signature, (x) Position within the company.

When you access and/or use our Platform, Mercado Pago automatically collects the following Personal Information:

Registration Information: (i) IP address, (ii) traffic data related to the connection, (iii) URL type, (iv) language used, (v) date, time, and duration of your access, (vi) Media Access Control (MAC) address, (vii) screen resolution, (viii) name and version of your operating system, (ix) device manufacturer and model, (x) type and version of the Internet browser, (xi) service provider, and the name and version of the Platform you are using.

Cookies, web beacons, pixels, and similar technologies: These technologies are used to automatically collect information about you. See Section 10 for more information about these technologies.

We want you to know that you are not required to provide us with the detailed personal data; however, refusing to provide them or providing inaccurate information may prevent the creation of the account, your registration as a User, and consequently, your ability to operate on our Platform.

 

4.- What do we do with your Personal Data?

Under this Privacy Statement, we process your personal data for the following purposes:

• To register the seller account on Mercado Pago and link the accounts related to the sites where you operate.
• To provide you with access to your account and enable transactions.
• To carry out identity validation.
• To conduct the "Know Your Customer" ("KYC") process for the company and its Representatives.
• To send you transactional and informational communications related to the products and services provided through the Platform, such as through email.
• To validate the Representation of the User as claimed.
• To manage online payments in the Available Countries where you operate.
• To enable you to make automatic withdrawals of funds.
• To communicate with you or the Seller, including transactional and promotional communications.

Additionally, we may process your personal data when agreed upon or when permitted by applicable laws, for the following purposes:

• For statistical purposes: to calculate usage levels and help diagnose server problems with the Platform, as well as to ensure that the Platform functions properly.
• To allow you to contact and be contacted through the Platform, as permitted by the Platform.
• To meet regulatory requirements: Mercado Pago may need to use your personal data to comply with industry, trade, tax, financial, audit, industrial oversight, and other related laws and regulations.
• Dispute resolution: Mercado Pago may need to use your personal data to manage and resolve legal disputes with you, a Seller, or a third party.
• To cooperate with public security authorities: Mercado Pago will cooperate with relevant public security or supervisory authorities and any investigation in accordance with applicable laws and regulations, including in the jurisdictions where sellers market their products.
• To detect and prevent fraud, abuse, and related crimes, to protect the security of Users and the sustainability of the Platform, including for KYC purposes.
• To promote and advertise the Platform, and provide personalized services that best meet your needs or interests.
• When necessary for the execution or fulfillment of a contract.
• When necessary for compliance with legal duties or obligations, or to exercise your rights.

The use of your data for any other purpose that is not compatible with those described in this Statement will be communicated to you in a timely manner, and where necessary, your consent will be requested in accordance with applicable Data Protection Laws.

5.- Who has access to your Personal Data, and who can we share it with?

In connection with the purposes described in the previous section (“What do we do with your Personal Data?”), your personal data may be accessed by or shared with the following categories of recipients:

• Mercado Pago employees who have an assigned role related to the management of Users or related purposes.
• Affiliates of Mercado Pago, who operate under our same internal processes and policies to comply with our internal regulations, prevent fraud, manage risks, and facilitate the management of Mercado Pago’s services and products.
• Business partners, with whom Mercado Pago has a collaboration or alliance to advertise, provide, or offer you goods and/or services.
• Banking and/or financial institutions specialized in the foreign exchange market and/or for the purpose of making disbursements.
• Service providers who provide services to us and process data on behalf of Mercado Pago, following our instructions.
• Competent authorities in the exercise of their functions.
• Another company, in the context of a merger, acquisition, sale, or any other type of acquisition or combination of operations involving all or part of the assets or business of Mercado Pago.

All of these employees and third parties have signed a contract with us in which they commit to use personal data exclusively for the agreed purposes, that is, under our express instructions and implementing technical and organizational measures that ensure the security and confidentiality of personal data.
Furthermore, these third parties are obligated not to sell or disclose your personal data to other third parties unless required by applicable law or stated in this Privacy Statement.

6.- International Transfers of Personal Data

Mercado Pago is a global company with subsidiaries in several countries that perform different functions, and its headquarters are located in Argentina.

In this regard, for the purpose of providing you with International Payment processing services through the Platform, some of your personal data will be transferred to Brazil, Argentina, Mexico, Chile, Colombia, and the United States. You can contact the international recipients via email at privacy@mercadolibre.com to exercise your relevant rights related to personal data.

Mercado Pago will do everything necessary to protect the security and confidentiality of your personal data during such transfers, in accordance with the applicable Data Protection Laws, and is committed to carrying out the international transfer only in the manner permitted by the applicable Data Protection Laws.

The recipient countries of the personal data may not offer adequate levels of protection in accordance with applicable Data Protection Laws. In such cases, Mercado Pago implements measures to protect your personal data through contractual clauses or binding corporate rules that establish appropriate protection measures.

 

7. For how long will we store the Personal Data?

We will only store your personal data for as long as necessary to fulfill the purpose for which it was collected for or to comply with regulatory or legal requirements, as well as for the period necessary to safeguard the rights and interests of Mercado Pago, always in accordance with the applicable personal data protection laws.

Once this period has ended, the data will be deleted or anonymized in such a way that you cannot be identified.

We will take the necessary measures to ensure that personal data is adequately and appropriately protected against disclosure, misuse, alteration, damage, or unauthorized access.

 

8.- How do we protect and secure your personal data?

Mercado Pago complies with the requirements of applicable regulations and has adopted technical, organizational, and administrative security measures following industry standards to protect your personal data.

 

9.- How can you exercise your rights to control Personal Data?

You have certain rights over your Personal Data, such as: (i) access rights; (ii) right to update your data; (iii) rectification or modification rights; (iv) opposition rights or the right to stop receiving advertisements, offers and promotions; (v) deletion or cancellation rights; (vi) right to withdraw consent; (vii) confidentiality rights; (viii) right to review of automated decisions; (ix) right to know and make decisions on the process of personal data, right to restrict or refuse others to process personal data; (x) right of personal data portability, and (xi) all in accordance with applicable Personal Data Protection Laws.

You can make requests regarding your personal data by writing to us at privacy@mercadolibre.com 

Please note that if you revoke your consent regarding the processing of your personal data, it may affect our ability to provide you with our services.

Regarding the right of deletion, please note that in certain cases, we will retain your personal data that you have requested to be deleted in our files to fulfill the purposes described in this Privacy Statement or when there is a contractual or legal obligation to retain your Personal Data. Once such purpose is fulfilled or the contractual or legal obligation is removed, we will proceed to delete your personal data.

We inform you that if you believe any of your rights are being affected by a breach of Personal Data Protection Laws, you may also exercise your rights by filing a complaint with the relevant Data Protection Authority.

 

10. Cookies and Similar Technologies

10.1. Cookies are small data files stored on your device that act as a unique tag to identify your browser. For information on how to manage cookies, please refer to Section 10.4 of this clause.

Pixels are codes embedded in a service that send information about its use to a server. When you access a service that contains a pixel, it may allow us or a third party to place or read cookies on your browser. Pixels are used in combination with cookies to track the activity of a particular browser on a particular device.

Device fingerprinting is the process of analyzing and combining sets of data elements from your device's browser, such as JavaScript objects and installed fonts, to create a "fingerprint" of your device and uniquely identify your browser and device.

10.2. We use the personal data collected through these technologies for the following purposes:

• To understand the interests and behavior of Users and provide them with better service or relevant information.
• To enforce the rules and security of the Platform.
• To reduce the frequency with which Users must enter their password during a browsing session, and to account for and verify user activity, records, and other concepts.
• To offer a more interactive or personalized experience based on the User's actions.

10.3. The cookies and other technologies on the Platform may be provided by third parties or used by advertisers unaffiliated with Mercado Pago. This Privacy Statement only covers Mercado Pago's data practices and not those of third parties.

10.4. Most browsers accept cookies by default. You may be able to configure your browser to delete stored cookies, request your approval before storing cookies, or prevent cookies from being stored. This process is different in each browser, and you will need to set it up in every browser you use. Below is information on how to configure your preferences for certain web browsers:

• Desde Internet Explorer (en Windows)
• Microsoft Edge
• Firefox 
• Google Chrome 
• Ópera 
• Safari (en Mac)

Please note that if you disable cookies, you may not be able to use or enjoy all the features offered by Mercado Pago. We are not responsible for the configuration of your browsers or the effectiveness of their disabling options.

Furthermore, your browser settings may allow you to automatically transmit a “Do Not Track” signal to the online services you visit. However, please note that there is no industry consensus on what site and app operators should do with regard to these signals. As a result, unless and until the law is interpreted to require us to do so, we do not monitor or take action in response to “Do Not Track” signals.

For more information about "Do Not Track," please visit http://www.allaboutdnt.com.    

 

11. What are the Applicable Law and Jurisdiction?
    Mercado Pago and you agree that this Privacy Statement shall be interpreted in accordance with the laws provided for in the additional provisions or disclosures of your country of residence below or, if not provided, those set forth in the applicable terms and conditions of the Platform.
    
    
12. Amendments to the Privacy Statement
    If Mercado Pago makes changes to this Statement, you will be notified through an individual notice via our usual communication channels (e.g., by email), as well as through our websites or applications (via banners, pop-ups, or other notification mechanisms). In cases where we need your consent, we will inform you so you can decide whether you agree.
    
    
13. Contact Us
    If you have any questions about this Privacy Statement or our practices in relation to your Personal Data, or if you experience any difficulties accessing the information in this Privacy Statement, please contact us at the email and address indicated in the additional provisions or disclosures of your country of residence below.

 

ANNEX 1 

“Special Conditions for Each Jurisdiction”

CHINA
The following additional provisions apply in accordance with the Personal Information Protection Law and other relevant laws applicable to China residents. 

1.- Consent: Processing your Personal Information is necessary for the operation of the Platform and, where applicable, providing your express, voluntary, informed consent to this Privacy Statement is an essential requirement for you and/or Sellers to be able to use the Platform. 

Data Protection Authority:
The Data Protection Authority for Mainland China is the Cyberspace Administration of China and other competent authorities as provided by applicable law.
The Data Protection Authority for Hong Kong is the Office of the Privacy Commissioner for Hong Kong.

2.- Personal Data Protection Laws:
This refers to the Personal Information Protection Law (PIPL) for Mainland China and The Personal Data Privacy Ordinance (the "PDPO") for Hong Kong.

3.- Sensitive Data: 

Refers to the Personal Information that is likely to result in damage to the personal dignity of any natural person or damage to his or her personal or property safety once disclosed or illegally used, including such information as biometric identification, religious belief, specific identity, medical health, financial account and whereabouts and tracks, as well as the personal information of minors under the age of 14. 

All categories of Sensitive Data in this Privacy Statement are marked in bold font and underlined. Please note that we will only collect sensitive data to the extent strictly necessary and legally permitted.

Processing your Sensitive Data (including its cross-border transfers as explained above) is necessary for the operation of the Platform and providing your express, voluntary, informed consent to this Privacy Statement is an essential requirement for you and/or Sellers to be able to use the Platform.    

4. International Data Transfers:
   Given the locations of some of the systems used by Mercado Pago, the personal data we collect may be provided to third parties within your country of residence and/or abroad, in accordance with the requirements and restrictions on international data transfers arising from the applicable Personal Data Protection Laws. 

By accepting and consenting to this Privacy Statement, you agree to both national and international transfers of your data, in accordance with the applicable Personal Data Protection Laws and as provided in this Statement. 

For more information on international data transfers, please refer to clause 6.
In case of doubt, you may request that Mercado Pago provide you with information about the third parties to whom your personal data has been entrusted, without prejudice to the protection of Mercado Pago's trade and business secrets and in compliance with applicable regulations.

5. Rights to Control Personal Data: 

Further to Section 9 of the Privacy Statement, Mercado Pago will retain your Personal Data in accordance with the time limits determined by law and/or market practice or for an extended time period provided it has been communicated.

5.1 We will process your requests to access, update, or remove your Personal Data as follows: 

5.1.1 If any of your Personal Data is incorrect, incomplete or misleading, Mercado Pago will attempt to update or modify your Personal Data in a reasonable way. 

5.1.2 You may request to delete your Personal Data in the following cases:

• when the purpose of handling Personal Data has been fulfilled, it is impossible to fulfill such purpose, or it is no longer necessary to fulfill such purpose;
• when Mercado Pago ceases to provide its products or services, or the retention period expires;
• when you withdraw your consent on processing your Personal Data;
• when Mercado Pago processes Personal Data in violation of laws, administrative regulations or an agreement; or
• other circumstances stipulated by laws and administrative regulations.

Mercado Pago may not be able to immediately delete your Personal Data from our servers or backup systems if the retention period as stipulated by laws and administrative regulations has not expired (including statutes of limitation), or the deletion of Personal Data is difficult to perform technically. In such cases, Mercado Pago will stop processing the Personal Data except for storage and taking necessary security protection measures.

5.1.3 You also may withdraw your consent to Mercado Pago processing of your Personal Data. Withdrawal of consent by you does not affect the validity of any Personal Data processing activity conducted based on your consent before such withdrawal. Please note that if you withdraw your consent on processing your Personal Data which is necessary for Mercado Pago to provide services, Mercado Pago may not be able to continue to fully or partially provide such services to you and /or the Seller.     

5.1.4 To protect your Personal Information, we may ask you to validate your identity before processing your request.

5.1.5 We may deny requests that exceed reasonable limits, including but not limited to:

• Requests to access, update, modify or delete Personal Data that is not directly related to your identity
• Requests that are repeatedly submitted multiple times without reasonable justification
• Requests that require excessive technologies (for example, requiring the development of new systems or fundamental changes to current practices) to achieve
• Requests that may cause risks to the legitimate interests of the third parties
• Requests that are impractical

5.1.6 As required by law or regulation, we will not be able to respond to your requests if:

• They are in connection with obligations under laws and regulations
• For reasons related to national security or national defense security
• For reasons related to public security, public sanitation, or major public benefits
• For reasons related to criminal investigations, prosecutions, court trials and execution of judgments
• There is sufficient evidence of subjective malice or abuse of rights by you
• responding to your request would result in damages to the legitimate rights and interests of yours or other individuals or organizations or Mercado Pago.     
• Commercial secrets are involved
• Responding to your request would make it impossible to achieve the purpose of the contract entered into between Mercado Pago and you or the Seller
• There are other circumstances stipulated by laws and regulations.

6. Security Measures:

Mercado Pago has implemented security protective measures based on type of information. These may consist in, for example, access control, encrypted transmission and/or storage, desensitized display of information, firewall and intrusion detection systems.

The systems and communication networks you use to access the Platform may experience technical issues or breaches due to factors beyond our control. Despite the security measures noted above, please understand there is no “perfect security measure” for security networks and that transmission via the internet is not completely secure.

5. Applicable Law and Jurisdiction:
   This Privacy Policy will be interpreted in accordance with the laws and regulations of China. Any dispute arising from this Privacy Statement will first be resolved through negotiations based on the principle of good faith. If no agreement is reached through such negotiations, either party may submit the dispute(s) to arbitration before the Shanghai International Economic and Trade Arbitration Commission in accordance with its current arbitration rules. The arbitration will be conducted by a sole arbitrator in Shanghai. The arbitration award will be final and binding on both you and Mercado Pago.
6. You may contact us at:
   Email address: privacy@mercadolibre.com
   Address:

• MAIJIADUO Business Consulting (Shenzhen) Co., Ltd., domiciled at room 515，91 Kefa Road CR Land Tower D, Dachong Community, Yuehai Street, Nanshan District, Shenzhen, China; 
• Shanghai Branch of MAIJIADUO Business Consulting (Shenzhen) Co., Ltd., domiciled at room 138, 18th Floor, Building 3, No. 2 Lane 838, Huangpi South Road, Shanghai, China; Representative Office of Global Selling LLC, domiciled at room  603-122, 91 Kefa Road CR Land Tower D, Dachong Community, Yuehai Street, Nanshan District, Shenzhen, China.