Privacy Policy

OLYA AI / Grupo Ixerta, S.A.P.I. de C.V. (hereinafter referred to as "Olya" or "We"), with its address at Blvd. Francisco Villa Norte 1716, León, Guanajuato, C.P. 37257, and website https://Olya.ai, including any subdomain, linked domain, or redirected domain, and/or mobile application compatible with the WhatsApp messaging service and/or Android and iOS operating systems (hereinafter referred to as the “Platform”), is responsible for the management and protection of the personal data (“Personal Data”) you share with Olya.

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At Olya, we value the privacy of everyone who shares their personal data with us, including but not limited to clients, holders, suppliers, and employees (hereinafter referred to as “You” or the “Holder”), and we are committed to protecting it. In this regard, we present this Privacy Notice (the “Privacy Notice”).

 

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

 

Privacy Notice.

 

For what purposes will Olya use your Personal Data?

The Personal Data we collect will be used for the following purposes, which are necessary for the provision of Olya’s services:

Primary Purposes: (i) To provide you with the services you have requested from Olya; (ii) To register your online account; (iii) To enable use of the platform; (iv) To identify and contact you during the provision of services; (v) To address your comments, complaints, and suggestions; and (vi) To comply with legal obligations and requirements from competent authorities.

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

Secondary Purposes: (i) To evaluate the quality of our service; (ii) To promote Olya’s services; (iii) To conduct marketing activities; (iv) To carry out advertising and promotional announcements; and (v) To perform statistical data analysis.

Refusing the use of your Personal Data for secondary purposes may result in us denying the services you wish to contract with us.

 

For the purposes mentioned above, Olya may request one or more of the following categories of Personal Data:

• Identification Data;

• Contact Data;

• Financial Data; and

• Location Data (IP).

 

The Personal Data that Olya may have access to may vary depending on the server and privacy settings. The processing of your Personal Data by Olya is carried out in accordance with the principles of legality, fairness, information, consent, purpose, proportionality, quality, and responsibility in terms of applicable legal provisions.

What is the Anonymization of Personal Data and when is it used?

Anonymization refers to the process by which all information that allows the identification of the Holder is disconnected so that the information cannot be linked to a specific or identifiable person.

Olya is committed to ensuring that, in the event of using Personal Data to generate statistical data, it will undergo dissociation processes so that it cannot be associated with its Holder.

Where does the personal data we collect come from?

The Personal Data processed by Olya comes directly from what you provide to us when accessing our Platform, requesting and/or receiving our Services, or engaging in any type of relationship with Olya.

Olya is a company committed to the privacy of minors and legally incompetent individuals; therefore, we refrain from intentionally collecting and/or processing Personal Data from minors or legally incompetent individuals without the express consent of their parents, guardians, or legal representatives.

 

If you are a parent, guardian, or legal representative of a minor or legally incompetent person and are aware that they have provided Personal Data without your consent, you may request its deletion through the procedure outlined in this Privacy Notice.

What is the legal basis for processing your Personal Data?

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

As a Mexican company, Olya is regulated by the laws of the Mexican Republic, and regardless of where you are located or your nationality, by using the Platform and/or our services, you agree to resolve any dispute or interpretation of this Privacy Notice in Mexican courts, in accordance with the applicable laws of Mexico City, and waive any other jurisdiction based on nationality, domicile, or any other present or future reason.

Can Olya transfer your Personal Data?

Yes. To offer you adequate service, Olya may transfer your Personal Data to the entities listed below. By accepting this Privacy Notice, for as long as your Personal Data is retained, you acknowledge and accept that Olya may communicate or provide partial or full access to your Personal Data, without requiring further authorization, to:

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• Service Providers: Third parties contracted to act on behalf of Olya, such as: (i) providers of artificial intelligence interfaces or mobile messaging services like WhatsApp, Slack, Discord, Telegram; (ii) companies or institutions dedicated to payment management, such as AppStore, Stripe, PayPal, PlayStore, or any other third party for the same purposes; (iii) administrative, legal, and/or accounting services; (iv) IT system providers, cloud services, and general technology providers; (v) Customer service centers; (vi) Advertising or marketing agencies; (vii) Data analysis providers; (viii) Developers; (ix) Parent companies, subsidiaries, affiliates, or corporately related entities through which Olya provides services; and (x) Collection agencies. The information provided to these providers will be only and exclusively the information necessary for the proper execution of the Services they provide to Olya.

• Business Partners: Institutions or companies with which Olya has signed contracts to offer you better services.

• Authorities: Administrative and judicial authorities that require information in the exercise of their powers, or when Olya reasonably believes that there are sufficient reasons to suspect the commission of a wrongdoing or crime.

 

Olya will not communicate, transmit, or assign your Personal Data to any recipients other than those mentioned above without your express written authorization. For all data transfers, Olya will only share the information strictly necessary to fulfill its obligations, and where it does not affect the provision of services, Olya will anonymize the data before transferring it.

In this regard, if the Holder does not express their objection to the transfer of their non-sensitive Personal Data to third parties, it will be understood that they have granted their implicit consent.

It is important to note that Olya will generate statistics based on non-personalized or individualized information regarding various aspects of the services. If Olya is acquired by a third party, the Personal Data collected will be transferred to the acquirer. In this case, the acquirer, as the new 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. It is understood that Holders must accept the new privacy policies.

 

What measures does Olya employ to protect your Personal Data?

Olya is committed to handling all collected information with high-security measures, always ensuring its confidentiality. All Personal Data collected will be stored in Olya's database or storage system, which features high-security measures to protect the privacy and security of the collected Personal Data 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 to perform specific tasks with the Personal Data have access to the Database. These procedures are constantly evaluated and updated by Olya.

For how long will Olya retain your Personal Data?

Your Personal Data will be retained for as long as Olya provides you services. Once Olya ceases to provide you services or your data is collected, whichever occurs last, Olya will store your data for 5 (five) years unless you request its deletion in accordance with the procedure outlined in section X (Roman numeral ten) below, in line with the retention obligations imposed by current legislation.

What are your rights regarding your Personal Data?

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

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• The Right to Access your Personal Data;

• The Right to request its Rectification when it is inaccurate or incomplete;

• The Right to the Cancellation of its processing;

• The Right to Oppose its processing;

• The Right to Revoke consent for its processing;

• The Right to request the limitation of its processing;

• The Right to the portability of your Personal Data; and

• The Right to file a complaint with a supervisory authority.

 

If you have given 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 carried out prior to its withdrawal.

How can you exercise your ARCO Rights?

To exercise any of your ARCO Rights, you must:

A) Draft a free-form letter addressed to us (Olya), specifying: (i) your full name; (ii) an email address where Olya can respond to your request; (iii) your relationship with Olya; and (iv) a brief description of the facts, including, as precisely as possible, the right you wish to exercise and regarding which data.

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

B) Attach a simple copy of the documents proving your identity or, if applicable, the legal representation of the Holder.

You must send your letter to hello@olya.ai or to the following address: Blvd. Francisco Villa Norte 1716, León, Guanajuato, C.P. 37257, whichever you prefer, addressing it to the "Personal Data Department."

Once we receive your request, we will confirm its receipt by email. From the day we confirm receipt of your request, Olya will have a maximum of 20 (twenty) business days to respond, and if it is deemed appropriate, the request will be fulfilled within 15 (fifteen) business days following the notification of the response.

The aforementioned deadlines may be extended once, for an equal period, if justified by the circumstances of the case.

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

The email hello@olya.ai, as well as the other emails of our Olya staff, are available for the purposes mentioned in this Privacy Notice, and only to request guidance on where to seek help from a specialist. Please note that Olya is not a specialist in addressing psycho-emotional issues and/or addiction treatment and is not equipped to provide guidance in this area.

How can you stop receiving advertising messages from Olya?

Olya may send you emails with advertising messages, which, if you wish, you can opt-out of at any time through the "I no longer want to receive emails of this type" link included in such emails.

What is logic-based profiling, and when does Olya perform it?

Logic-based profiling refers to the automated processing of Personal Data that involves using Personal Data to evaluate certain personal aspects of an individual to analyze or predict aspects related to you.

You are informed that decisions may be automated during the processing of your Personal Data, and profiles may be created where logic-based processes are required.

Does Olya use Artificial Intelligence in the provision of its services?

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

 

Olya AI reminds you that Artificial Intelligence helps us provide a better experience. However, the responses generated are not created or reviewed by humans. If you encounter any issues, discomfort, doubts, comments, or suggestions, please contact us immediately at hello@olya.ai.

While all the information you share when chatting with Olya is anonymous, for your safety, we request that you avoid including information related to bank accounts, codes, passwords, or similar information, which, even though anonymous, may pose a risk to you.

Does Olya use cookies and web beacons?

It is important to mention that our Website uses cookies and web beacons, which allow us to analyze the behavior of users on our portal to provide better service and an improved experience while browsing our website, as well as to offer services based on your preferences. The Personal and/or sensitive Data we collect through these technologies will be used for the following purposes:

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• Analysis and statistics of our website;

• Improving the service, quality, and performance of our website;

• Offering you new products and services based on your preferences.

 

The Personal Information we obtain from these analysis technologies includes:

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• Phone number;

• Technical characteristics of your device;

• Region in which you are located;

• Browser type you use;

• Operating system you use;

• Date and time of access and exit from the Platform.

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These technologies can be disabled as long as you have a private browsing-enabled web browser. However, disabling or blocking these analysis technologies may cause our Platform not to function properly. To learn more about these technologies, you can visit the following website: http://www.allaboutcookies.org/es/.

 

Use of IP Address

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

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

Olya commits not to link IP addresses with any type of information that identifies you individually, ensuring that conversations remain anonymous.

To ensure your unequivocal Consent, upon entering the WhatsApp® Chatbot, you will receive an initial message to confirm your desire to use Olya’s services:

“Welcome to Olya AI! By accessing this Olya Chatbot, we understand that you accept and are aware of our Privacy Notice and Terms and Conditions. Please do not continue using Olya if you disagree with them.”

Thank you for contacting us.

What happens if you access another site from our Platform?

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

How do we notify you of any changes to our Privacy Notice?

This Privacy Notice may undergo modifications, changes, or updates from time to time due to new legal requirements, our service needs, privacy practices, or changes in operational models or other causes. At Olya, we commit to keeping you informed about any changes to this Privacy Notice through our Platform.

 

Acceptance of Terms

 

This Privacy Notice constitutes a legal agreement between you (the Holder) and Olya. By using the services of this website, you confirm that you have read, understood, and consented to the terms outlined above.

This Privacy Notice applies in the United Mexican States, the United States of America, and the European Union, based on the applicable Mexican legislation and the European Union's General Data Protection Regulation (GDPR), insofar as it applies and does not contradict the legislation of the State where the Holder resides.

 

If you have any questions regarding this Privacy Notice, please contact us at hello@olya.ai.

 

Last updated: May 28, 2024

 

© 2024 Grupo Ixerta, S.A.P.I. de C.V. Total or partial reproduction by any means or form is prohibited without prior express written authorization from the owner. Olya is not a substitute for any professional opinion, diagnosis, treatment, psychotherapy, or mental health or addiction treatment services. Always seek the advice of your doctor for any questions you may have regarding your health. Never disregard professional medical advice or delay seeking it due to something you have read on Olya AI.