TERMS OF USE


1.    Terms of use; acceptance of contract terms.

By accessing, browsing, or using MAILAMERICAS website, or any related blog and/or extranet site (collectively the "Site") you acknowledge that you have read, understand and agree to these Terms of Use and the MAILAMERICAS Privacy Statement. If you do not agree to these terms, please do not use the Site. Because we may change these Terms of Use and/or our Privacy Statement from time to time, Users should check them periodically. Your continued use of the Site will constitute your agreement to any changes to these terms. “MAILAMERICAS” refers to MAILATINAMERICA S.A., and any of its subsidiaries or affiliates, for purposes of these Terms of Use.


2.     Users.

Users agree to provide the Site with accurate information in connection with the purchase of any products or services obtained via the Marketplace or seller´s Site and to maintain and update such information as necessary when choosing MailAmericas logistics service. With regard to the content of any submissions you make through this Site, you agree to remain solely responsible and agree to not submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this Site that violates any right of a third party, including copyright, trademark, privacy, or other personal or proprietary, rights. 


3. Service terms and conditions.

Certain services available through the Site will have their own terms and conditions. If there is a conflict between them and these Terms of Use, the respective product/service terms and conditions will apply.


4. Linking.

Outbound Linking Policy Statement - The Site may contain links to other sites hosted and/or maintained by third parties. MAILAMERICAS shall not be responsible for the content of any third-party sites that may be linked to or from (MAILAMERICAS WEBSITE). These links are provided for your convenience, and you use them at your own risk. A link to a third-party site is not an endorsement of any third-party site or service. MAILAMERICAS does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.

Linking To The Site Policy Statement - If you would like to link to the Site you must comply with the following: (i) link to but do not replicate the Site or its Materials; (ii) link only to the home page at www.mailamericas.com; (iii) do not create a browser or border environment around the Site or its Materials (commonly known as framing); (iv) do not imply that MAIL AMERICAS is endorsing you or your products or misrepresent the extent of your relationship with MAILAMERICAS; and (v) do not use MAIL AMERICAS Signature (logo) in the hyper link without permission from MAILAMERICAS.


5. Software.

Certain software that you may download from the Site ("Software") are the copyrighted works of MAILAMERICAS or third parties. Your use of the Software is governed by the terms of any end user license agreement that accompanies the online download process. You may use the Software only in accordance with the terms of any accompanying license agreement, and you are prohibited from using, reproducing, copying (in whole or in part), distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling, or otherwise commercially exploiting, any part of the Software. Any third-party software you may download via the Site is subject to the terms and conditions of the third party's license agreement with you, if any.


6. Indemnification.

You agree to indemnify and hold harmless MAILAMERICAS and its officers, employees and agents (including those of its subsidiaries and affiliates) from any and all third-party claims or demands, including reasonable attorney’s fees, arising out of your use of the Site, your breach of these Terms of Use and/or your infringement of any intellectual property right(s). 


7. Disclaimer and Limitation of Liability.

MAILAMERICAS assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an "as is" basis, without a warranty of any kind, either express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. MAILAMERICAS disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any information which is posted to the Site by any third party, including without limitation information posted on any related blog. MAILAMERICAS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF MAILAMERICAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAILAMERICAS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED ONE DOLLAR ($1.00). 


8. Trademarks and Copyrights.

The trademarks, service marks, logos and trade dress of MAILAMERICAS used on this Site are the intellectual property of MAILAMERICAS and its affiliates and subsidiaries in the United States and throughout the world (collectively "Marks"). All third-party trademarks on the Site are the property of their respective owners and are used under applicable law or with the owners' permission. Except as provided by applicable law the Marks may not be used and/or reproduced without the written permission of MAILAMERICAS. Those uses that are authorized must comply with MAILAMERICAS' trademark usage guidelines (provided when necessary, upon request). The images, text, organization and layout (collectively "Materials") of this site are the exclusive property of MAILAMERICAS Inc. and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions MAILAMERICAS does not authorize any downloading, distribution or republication of any Materials on this site without prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner's permission. MAILAMERICAS will enforce its intellectual property rights to the fullest extent permitted under the law. 


9. Forward-Looking Statements Disclaimer.

This site contains "forward-looking statements" about our expected future business and financial performance. These statements are based on the currently available operating financial and competitive information as of the date of such statements and MAILAMERICAS assumes no obligation to update any forward-looking statements contained on this site as a result of new information or future events or developments. Words such as "estimate" "project" "plan" "believe" "expect" "anticipate" "intend" and similar expressions may identify forward-looking statements. For us forward-looking statements include but are not limited to statements about possible restructuring charges and our future guidance. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those projected. These risks and uncertainties include but are not limited to: negative developments in economic conditions including adverse impacts on customer demand timely development and acceptance of new products or gaining product approval; successful entry into new markets; changes in interest rates; and changes in postal regulations. In addition, the forward-looking statements are subject to change based on the timing and specific terms of any announced acquisitions or dispositions. Undue reliance should not be placed on such forward-looking statements as such statements speak only as of the date on which they are made. Additional information regarding these and other risks is contained in MAILAMERICAS’ periodic filings with the Securities and Exchange Commission. 


10. Waiver.

MAIL AMERICAS failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder. 


11. Choice of Law and Jurisdiction.

The validity and interpretation of these Terms of Use, and the legal relations of the parties to it, will be governed by the laws of Republic of Uruguay without regard to its conflict of laws principles. In the event of a dispute, you consent to the exclusive jurisdiction of the state and federal courts of Republic of Uruguay, excluding any other that may correspond. 


PRIVACY STATEMENT


Is effective as of March 1st, 2022

MAILAMERICAS is committed to respecting the privacy of our clients and users. This Privacy Statement describes how our websites, services, and products operate, and how we collect, use, and share information.

This Privacy Statement applies to (MAILAMERICAS WEBSITE) and MAIL AMERICAS websites, services, and products that collect data and display these terms, and that are owned and operated by MAILAMERICAS and MAILAMERICAS subsidiaries, collectively, "MAILAMERICAS".  MAILAMERICAS websites, services and products are referred to in this statement as "Sites".  

The following topics are presented in this Privacy Statement:

  1. Collecting Personal Information from Site Users
  2. Collecting Other Information
  3. Using and Retaining Personal Information
  4. Sharing Personal Information
  5. Protecting Personal Information
  6. Visiting Non-MAILAMERICAS Websites
  7. Country-Specific Requirements
  8. Your Choices
  9. Changes to this Privacy Statement
  10. Contact us

 

1. Collecting Personal Information from Site Users

In order to provide you with access to certain services or data within our Sites, we may require that you provide certain personal information, which may include, but is not limited to the examples listed below, “Personal Information”. MAILAMERICAS also collects non-personal information that does not, on its own, identify an individual person. When non-personal information is combined with other information so that it does identify an individual person, we treat that combination as Personal Information.

The following are examples of the types of information that is considered Personal Information and that may be collected directly from you (or someone acting on your behalf):

  • Contact information (including Name, Street Address, Email Address, Telephone Number)
  • Government issued IDs (such as tax identification number)
  • Username, password, and other information used in combination to verify identity
  • Financial information (including credit/debit card and bank account information, credit and repayment history, and payment default information)
  • Geolocation, demographic, shipping/receiving, billing, and other information related to the purchase or delivery of MAILAMERICAS products and services or services you access through the Sites
  • Information that is collected from the marketplaces from which the purchases are made
  • Any Proof of delivery such as name, ID, relationship of the person that receives the product, pictures of the delivered product on the indicated address by customer or of the person that receives the product.
  • Any other personal information or characteristics about an individual that identifies such individual alone or that, if used in combination with one of the above or with other non-personally identifiable information, allows someone to identify such individual, such as date or place of birth, geographic data, or photographic images

By accessing and utilizing our Sites, you consent to the collection, use, disclosure, storage, and processing of Personal Information in accordance with this Privacy Statement.  Please note, by law you are not required to provide us with your Personal Information. By electing to not share your Personal Information with us, you may be unable to take advantage of our Sites and we may be unable to provide you with all of the functionality we offer through our Sites.

 

2. Collecting Other Information

MAILAMERICAS Sites may use several automated data collection tools and techniques including cookies, clickstream, and web beacons.

Cookies

Some of our Sites use cookies, which are a small amount of data (often including a unique identifier), which is sent to your browser from a website and stored on your computer’s hard drive. We may use cookies so that we can better serve visitors on our Sites, understand usage, and improve the content and offerings on our Sites. Cookies may be placed by us or by our third-party service providers.

We, or our service providers, may: (1) use cookies to collect aggregate information about website users on an anonymous basis or (2) share aggregate demographic and usage information with our prospective and actual business partners, advertisers, and other third parties for any business purpose.

If you prefer not to have cookies, most web browsers include an option that allows you to not accept them. However, without cookies you may be unable to take full advantage of all of our Site features and some portions of our Sites may not function properly for you.

Services Used on MAILAMERICAS Sites

Leadfeeder

Our websites use Leadfeeder, a solution used to identify visitors. Leadfeeder collects behavioral information to understand visitor interactions on our websites. In addition, Leadfeeder captures the IP address of our visitors to enrich data firmographics based on the business domain of the companies visiting our websites. The visitor IP address is collected to detect the company and geographic location.  All visit data is aggregated on the company level.  Leadfeeder enriches this information by correlating the company IP-address with other publicly accessible information, via 3rd party data partners. Leadfeeder does not capture or track individual (personal) data (e.g., names, addresses, etc.) but merely processes the company data and combines it with information from publicly accessible data sources. Information collected remains anonymous. Using Leadfeeder enables us to tailor the communications to our prospects to ensure that we give relevant support and advice about our products and services.

For detailed information about Leadfeeder’s handling of personal information, please see https://www.leadfeeder.com/privacy

Clickstream

We may collect information about the "clickstream" of our customers during their visit to our Sites. This clickstream data contains the pages the visitors came from, the navigational paths they took, and the areas of the Site they visited.  From time to time we track such information inside and outside of our Sites. Additionally, we may track and match clickstream data with Personal Information you provide to us in order to deliver content and other offerings - i.e., products and services that might improve your customer experience.  We may also share clickstream data with third parties in an aggregate or otherwise anonymous format. 

Cross Device

We participate in the Adobe Experience Cloud Device Co-op to better understand how you use our website and applications across various devices so we can deliver tailored promotions. Click here https://cross-device-privacy.adobe.com to learn more.

Web Beacon

Certain email communications you receive from us may contain "web beacons." Web beacons consist of a line of code on our Sites that delivers a small graphic image. The web beacon may not be visible as it is a 1x1 pixel that is often designed to blend into the background of a web page. Web beacons allow us to obtain information such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the browser type used to view the page and the information in cookies. We use web beacons for activities such as monitoring the effectiveness of the headlines in our emails or the ad banners. These 2 cases are examples and MAILAMERICAS do not limit the use of it to those 2 situations mentioned.

IP Address

Your Internet Protocol (“IP”) address is a numerical label assigned to each device (e.g., computer, printer, mobile device, or server) and is usually associated with the place from which you enter the internet.  It is how devices find each other on a network.  We may use your IP address to help diagnose problems with our servers, gather broad demographic information, gather geographic data, and administer our Sites.

Do Not Track Requests

We do not act on, alter, or change our Site behavior upon receiving Do Not Track requests from your browser.

 

3. Using and Retaining Personal Information

Personal Information (e.g. telephone or cellphone number, address, etc.) we collect through our Sites may be used to provide information regarding our products and services, or for marketing and promotions we believe you may find of interest.  We also may use the Personal Information you provide for our internal purposes, such as Site customization, enhancement or development, administration and operation of our Sites, data analytics, and compliance with our legal obligations, policies, and procedures, including performance of MAILAMERICAS obligations under sales contracts, leases or licenses between you and MAILAMERICAS.

We retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Statement, unless a longer retention period is required or allowed by law; or to otherwise fulfill a legal obligation.


4. Sharing Personal Information

MAILAMERICAS does not sell Personal Information to third parties.  However, there are certain situations where we may share your Personal Information were permitted by law, for example:

  1. within the MAILAMERICAS family of businesses,
  2. with third parties that perform services for us or on our behalf), or
  3. for marketing campaigns conducted by us or other companies or organizations that offer related products or services we believe may be of interest to our clients.

Our service providers are required to keep the Personal Information received from us confidential and secure in accordance with this Privacy Statement and they may not use it for any purpose other than the purpose for which MAILAMERICAS Provided it.

We may also make information available to third parties in the following circumstances:

  1. When we have a good faith belief it is required by law or to otherwise cooperate with law enforcement activity;
  2. When we have a good faith belief it is necessary to protect our rights or property from fraudulent, abusive, or unlawful activity; or
  3. In the event of a proposed or actual merger, acquisition, liquidation, dissolution, or sale of assets.

In these circumstances, your consent will not be required, but we will attempt to notify you, to the extent the law requires.

Depending upon local law, you may either opt-in or opt-out of having your Personal Information shared for marketing or other purposes.  In the event you opt-in, we will use and share your Personal Information as described in this Privacy Statement.    In the event you opt-out, we will share your preference with the applicable third parties as appropriate.  For information on how to do this, see the Your Choices section of this Privacy Statement below.

 

5. Protecting Personal Information

We maintain reasonable administrative, technical, and physical safeguards to protect the Personal Information we collect and process. 


6. Visiting Nonaffiliated MAILAMERICAS Websites

Our Sites may contain links to other websites that operate independently from MAILAMERICAS. Linked websites may have their own privacy statements or notices.  If you visit any linked websites, we strongly suggest you review their privacy statement.  Any information you provide when you visit a nonaffiliated MAILAMERICAS website is subject to the privacy statement posted on that website.  We are not responsible for the content of any websites that are not affiliated with or owned by MAILAMERICAS, any use of those websites, or the privacy practices of those websites.     


7. Country-Specific Requirements

MAILATINAMERICA S.A. is a global corporation with subsidiary companies located around the world. This Privacy Statement establishes our global principles (to the extent the law permits and/or requires) for the collection, use and disclosure of information gathered through our Sites.

 

8. Your Choices

If you are a MAILAMERICAS customer, you may receive transactional communications about your account and MAILAMERICAS services, which you own, lease, rent, license or to which you subscribe.

In some jurisdictions, you may have to opt-in to receive marketing communications. In the event you opt-in, we will use and share your Personal Information as described in this Privacy Statement.  If you wish to opt-out of receiving marketing communications from MAILAMERICAS, you may do so by (i) following the instructions provided in our marketing communications, or (ii) indicating your preferences on the relevant account profile/preferences section (such as Your Account), or (iii) referring to the instructions provided in the Contact Us section below.  In the event you opt-out, we will share your preference with applicable third parties as appropriate. You will continue to receive transactional communications about your account and the MAILAMERICAS products and services which you own, lease, rent, and license or to which you subscribe.

Some of our products and services contain settings that allow users or administrators to control how the products collect information.  If you wish to request changes to your Personal Information, you may do so by (i) indicating your preferences on the relevant account profile/preferences section (such as Your Account), or (ii) referring to the instructions provided in the Contact Us section below.  Please note, by electing to not share certain Personal Information with us, we may be unable to provide you with all of the functionality we offer through our Sites.


9. Changes to this Privacy Statement

MAILAMERICAS may change this Privacy Statement from time to time and at its discretion. We will indicate at the top of the Privacy Statement when it was most recently updated. We will not use your Personal Information in ways that differ materially from this Privacy Statement without prior notice to you, and in no event will we use your Personal Information in ways prohibited by law. Your continued use of our Sites indicates your consent to this Privacy Statement and any amended version of it.