Privacy Notice

Date Privacy Statement

Name and address of the company

The person responsible within the meaning of the Basic Data Protection Regulation (hereinafter «DSGVO») and other national data protection laws of the member states as well as other data protection regulations:

MEZCAL SAN COSME S DE RL DE CV

Erik Lozano

Lago Xochimilco 135 C1, Col. Anáhuac. 

CDMX. 11320 Mexico

Phone: +49 160 4453270

Email: gernot@hmg.mx

Website: www.sancosme.mx

Data Security Responsible: HMA Trading GmbH; Erlenweg 3, 91315 Höchstadt an der Aisch; Germany

  1. General Data Processing
  2. Scope and authorization of the processing of personal data.

As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide the functionality of our website and out contents and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user.

An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal regulations.

The legal basis for the processing of personal data with the prior consent of the person concerned is Art.6 para.1 lit. a DSGVO. The legal basis for the processing of personal data which is necessary for the performance of a contract or the implementation of pre-contractual measures is Art. 6 para.1 lit. b DSGVO. For the processing of personal data to fulfil a legal obligation, the legal basis is Art. 6 para.1 lit. c DSGVO. If the vital interests of the data subject or another natural person make it necessary to process personal data, Article 6 para.1 lit. d DSGVO serves as the legal basis.  If processing is necessary to safeguard a legitimate interest of our company or of a third party and if these interests outweigh the interests of the data subject, taking into account the fundamental rights and freedoms of the data subject, Art. 6 para.1 lit. f DSGVO is the legal basis for processing the data.

  1. Deletion of Data and Storage Period

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if we are required to do so by law to process the data. In this case, the data will be blocked or deleted when the legally prescribed storage period expires, unless it is necessary to store the data further for the conclusion or fulfilment of a contract.

  1. Data Processing through the Use of our Website
  1. Visiting our Website

When you call up our website, the browser used on your end device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is recorded without your intervention and stored until it is automatically deleted: IP address of the requesting computer, date and time of the access, name and URL of the accessed file, website from which the access takes place (referrer URL), used browser and if applicable the operating system of your computer as well as the name of your access provider.

The above-mentioned data is processed by us for the purposes of ensuring a smooth connection of the website, ensuring comfortable use of our website, evaluation of system security and stability as well as for other administrative purposes.

The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f DSGVO. Our legitimate interest follows from the above listed purposes for data collection. Under no circumstances do we use the data collected for the purpose of drawing conclusions about your person.

  1. Use of our Contact Form

On our website there is a contact form which can be used for electronic contact. If a user takes advantage of this possibility, the data entered into the contact form as well as the IP address, date and time are transmitted to us and stored. For the processing of the data, your consent will be obtained during the sending process and reference will be made to this privacy policy. The legal basis for the processing of the data in this case is Art. 6 para. 1 lit. a DSGVO.

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The legal basis for the processing of this data is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO on the basis of your voluntarily given consent. The personal data collected by us for the use of the contact form will be automatically deleted after the completion of your request.

  1. Registration

You have the possibility to register on our website by providing personal data. Which personal data is transmitted to us in the process is determined by the respective input mask used for registration. The personal data entered by you will be processed exclusively for internal use for our own purposes. We may arrange for the transfer to one or more processors who will also use your personal data exclusively for internal use attributable to us.

When you register on our website, the IP address assigned to the person concerned by the Internet Service Provider (ISP), the date and time of registration are also stored. The storage of this data is carried out against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable the clarification of criminal offences committed. In this respect, the storage of this data is necessary for security purposes. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.

Your registration with voluntary disclosure of personal data serves to offer you content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from our database.

On request, we will provide each person concerned with information at any time about what personal data is stored about the person concerned. In addition, we correct or delete personal data upon request or notification of the person concerned, provided that this does not conflict with any statutory storage obligations.

  1. Newsletter

On our website we offer you the possibility to subscribe to our newsletter. With this newsletter we inform you about our offers at regular intervals. To receive our newsletter, you need a valid e-mail address. We will check the e-mail address you entered to make sure that you are the owner of the e-mail address you entered or that the owner of the e-mail address is authorized to receive the newsletter. 

With your registration to our newsletter we will save your IP address and the date and time of your registration. This serves as a safeguard for us in the event that a third party misuses your e-mail address and subscribes to our newsletter without your knowledge. We do not collect any other data. The data collected in this way is used exclusively for the subscription to our newsletter. It will not be passed on to third parties. A comparison of the data collected in this way with data that may be collected by other components of our site is also not carried out. You can cancel your subscription to this newsletter at any time. Details can be found in the confirmation e-mail and in each individual newsletter.

  1. Newsletter Tracking

Our newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, we can identify whether and when an e-mail was opened by a person concerned and which links in the e-mail were called up by the person concerned.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by us in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data is not passed on to third parties. Affected persons are entitled to revoke the separate declaration of consent submitted via the double opt-in procedure at any time. After revocation, these personal data will be deleted by the data controller. We always interpret a cancellation of the receipt of our newsletter as a revocation.

  1. Disclosure of Data

Your personal data will not be disclosed to third parties for purposes other than those listed below. We will only pass on your personal data to third parties if you have given your express consent in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO, if the transfer in accordance with Art. 6 Para. 1 S. 1 lit. f DSGVO is necessary for the assertion, exercise or defence of legal claims, and if there is no reason to assume that you have an overriding interest worthy of protection in not passing on your data, in the event that the disclosure in accordance with Art. 6 para. 1 sentence 1 lit. c DSGVO, as well as this is legally permissible and is necessary for the processing of contractual relationships with you according to Art. 6 para. 1 sentence 1 lit. b DSGVO.

  1. Use of Cookies

We use cookies for the operation of our website to make it more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. 

Cookies are small files that enable specific information relating to the device to be stored on the user’s access device (PC, smartphone or similar). On the one hand, they serve the user-friendliness of websites and thus the users (e.g. storage of login data). On the other hand, they serve to record statistical data on website use and to be able to analyse it for the purpose of improving the offer. The users can influence the use of cookies. Most browsers have an option to restrict or completely prevent the storage of cookies. However, it should be noted that the use and in particular the comfort of use are limited without cookies.

The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO. The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO. The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent to this.

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

Analysis cookies are used to improve the quality of our website and its contents. The analysis cookies enable us to find out how the website is used and thus to constantly optimise our offer.

These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.

  1. Third Party Services

We have integrated contents, services and performances of other providers on the website. These include, for example, maps provided by Google Maps, videos from YouTube and graphics and images from other websites. In order for this data to be called up and displayed in the user’s browser, it is absolutely necessary to transmit the IP address. The providers (hereinafter referred to as «third party providers«) thus perceive the IP address of the respective user.

Even though we make every effort to use only third-party providers who only need the IP address to deliver content, we have no influence on whether the IP address may be saved. In this case, this process serves statistical purposes, among other things. If we have knowledge that the IP address is stored, we will inform our users of this fact.

  1. Application and use of FACEBOOK CUSTOM AUDIENCES (Facebook-Pixel)

Within our online offer, the so-called «Facebook pixel» of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are located in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland («Facebook»), is used due to our legitimate interests in analysis, optimization and economic operation of our online offer and for these purposes.

Users are selected by Facebook based on the profile information you provide and other information provided through the use of Facebook. When a user clicks on an advertisement and then arrives at our website, the Facebook pixel embedded on our website informs Facebook that the user clicked on the banner ad. In principle, a non-reversible and non-personal checksum (hash value) is generated from your usage data, which is transmitted to Facebook for analysis and marketing purposes. A Facebook cookie is set in the process. This records information about your activities on our website (e.g. surfing behavior, sub-pages visited, etc.).

Your IP address is also stored and used for the geographical distribution of advertising. Facebook Custom Audiences via the customer list is not used by us, nor is the function «extended matching».

For more information about the purpose and scope of data collection, the further processing and use of data by Facebook, and your options for privacy protection, please refer to the Facebook privacy policy. You can also make settings about which advertisements are displayed to you on Facebook by clicking this link and in the account settings of Facebook.

The transfer of data to the USA is permitted in accordance with Art. 45 DSGVO, as Facebook is Privacy Shield certified and therefore an adequate level of data protection exists according to the implementing decision of the Commission (EU) 2016⁄1250 (https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32016D1250&from=DE). The certification can be downloaded at https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

can be viewed.

Further information about the Custom Audiences service from Facebook can be found here:

https://de-de.facebook.com/business/help/449542958510885 .

Further information on data processing and storage duration can be obtained from the provider or at https://www.facebook.com/about/privacy.

Deactivation of the «Facebook Custom Audiences» function is possible for logged-in users at https://www.facebook.com/settings/?tab=ads#.

You can also object to the use of cookies for audience measurement and advertising purposes via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and additionally via the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

You may opt-out of the use of cookies for audience measurement and advertising purposes by visiting the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/) and additionally the U.S. or European Web site (http://optout.networkadvertising.org/).

website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/) contradict.

  1. Application and use of Google Analytics (with anonymisation function)

The person responsible for processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data about which website a person concerned came to a website from (so-called referrers), which sub-pages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize an internet page and for cost-benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, Ireland.

The data controller uses the addition «_gat._anonymizeIp» for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened by Google and made anonymous if the access to our Internet pages is from a member state of the European Union or from another state that is a party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website in order to compile online reports for us which show the activities on our website and to provide further services in connection with the use of our website.

Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, is called up, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical process, Google receives knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

By means of the cookie, personal information such as the access time, the location from which an access originated and the frequency of visits to our website by the person concerned is stored. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the opportunity to object to and prevent the collection of data generated by Google Analytics and relating to the use of this website and the processing of this data by Google. For this purpose, the person concerned must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google to be an objection. If the data subject’s information technology system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person within his or her sphere of control, the browser add-on may be reinstalled or reactivated.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

  1. Application and use of Instagram

Our website uses the technical platform and services of Instagram Inc, 1601 Willow Road, Menlo Park, CA-94025, USA («Instagram»).

Through the integration of Instagram, it is possible fo us to reproduce content as images and videos. In addition, you have the option on our Instagram page to view our posts, comment, share, and send us private messages.

When you visit our page, data such as the IP address of the requesting computer, date and time of access, name and URL of the retrieved file, are transmitted to Instagram, stored, and evaluated. Depending on your privacy settings, information about your Instagram profile may also be transmitted and assigned.

The data collected in this context is processed by Instagram and, if necessary, transferred to countries outside the European Union.

You can find out what information Instagram receives and how it is processed in Instagram’s privacy policy: https://help.instagram.com/51922125107875. 

  1. Use of Google Maps

On our website we use the map service Google Maps of Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, Ireland («Google»).

When displaying map material from Google on our website, a connection is established with Google’s servers in order to show you our location and to make it easier for you to find us. In this context, your IP address is transmitted to Google for the purpose of displaying the map material and stored there. It is possible that data is transferred to a server of Google LLC. in the USA. If you have a Google user account, the data will be assigned to your user account. We as the website operator have no influence on this. The data processing takes place on the legal basis of Art. 6 para.1 lit. f) DSGVO.

You can find more information on the handling of your user date in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy/ 

  1. Cooperation with Contract Processors, jointly responsible Parties and Third Parties

If, in the course of our processing, we disclose data to other persons and companies (processors, jointly responsible parties or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal authorisation (e.g. if the transfer of the data to third parties, such as payment service providers, is necessary to fulfil a contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we disclose, transfer or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, beyond this, on a basis that complies with the legal requirements.

  1. Transfer to Third Countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of using the services of third parties or disclosure or transfer of data to other persons or companies, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the legal requirements are met. This means, for example, that the processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to that of the EU (e.g. for the USA through the «Privacy Shield») or compliance with officially recognised special contractual obligations.

  1. Data Protection for Applications and the Application Process

We collect and process the personal data of applicants for the purpose of processing the application procedure. The processing can also take place electronically. This is particularly the case if an applicant submits the relevant application documents to us electronically, for example by e-mail or via a web form on the website. If we conclude an employment contract with an applicant, the data transmitted will be stored in compliance with the statutory provisions for the purpose of processing the employment relationship. If we do not conclude an employment contract with the applicant, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests on our part stand in the way of deletion. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).

  1. Rights of the data subject

You have the right:

(1) to request information about your personal data processed by us in accordance with Art. 15 DSGVO In particular, you may request information on the purposes of the processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of rectification, erasure, restriction of processing or opposition, the existence of a right of appeal, the origin of your data, if not collected by us, and the existence of automated decision making including profiling and, where applicable, meaningful information on the details thereof;

(2) in accordance with Art. 16 DSGVO, to demand without delay the correction of incorrect or incomplete personal data stored by us;

(3) pursuant to Art. 17 DSGVO to demand the deletion of your personal data stored with us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims; 

(4) pursuant to Art. 18 DSGVO, to demand the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete it and we no longer require the data, but you require it for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing pursuant to Art. 21 DSGVO; 

(5) in accordance with Art. 20 DSGVO, to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request its transfer to another responsible party; 

(6) in accordance with Art. 7 para. 3 DSGVO, to revoke your consent to us at any time. As a result, we may no longer continue data processing based on this consent for the future and 

(7) lodge a complaint with a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can turn to the supervisory authority of your usual place of residence or work or to our office.

  1. Right of Objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions. 

The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are justified on grounds of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.

You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.

Automated decision making on a case by case basis including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision 

(1) is necessary for the conclusion or performance of a contract between you and the person responsible

(2) is authorised by Union law or the law of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the responsible person shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of any person from the responsible person, to express his or her point of view and to challenge the decision.

As a responsible company, we refrain from automatic decision making or profiling.

  1. Right of Appeal to the Supervisory Authority

You have the right to lodge a complaint with the State Commissioner for Data Protection and Freedom of Information. 

Information on the supervisory authority:

Landesamt für Datenschutzaufsicht

Promenade 18

91522 Ansbach

  1. Data Security

We use the common SSL (Secure Socket Layer) procedure within the website visit in connection with the highest encryption level supported by your browser. Usually this is a 256 bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is being transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.

We also use suitable technical and organizational security measures to protect your data against accidental or deliberate manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

  1. Topicality and Amendment of this Data Privacy Statement

This data privacy statement is currently valid and has the status of June 2021.

It may become necessary to amend this data protection declaration as a result of the further development of our website and offers above or due to changes in legal or official requirements. The current data protection declaration can be called up and printed out at any time at this address.

This data privacy statement is written in German and English. In case of contradictions the German version shall prevail.

Mezcal San Cosme

All Rights Reserved. Mezcal San Cosme.©

Avoid excess.

Mezcal San Cosme
Mezcal San Cosme

All Rights Reserved. Mezcal San Cosme.©

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