Privacy and personal data protection policies

Privacy and personal data protection policies

General Provisions

BIGMOND S.A.C. (“BIGMOND GROUP”), wants to offer you the best experience through its service;for this reason, we are interested in taking care of the privacy of our users, making this document (the «Policy») available to inform about the policies and procedures related to the treatment of information and personal data collected from users through the site. BIGMOND GROUP’s web and / or virtual Websites (hereinafter jointly, the «Website»).

The Policy described below is aligned with Law No. 29733, (the “Personal Data Protection Law”), Supreme Decree No. 003-2013-JUS, which approves its Regulations and the Security Directive Information (hereinafter, “Regulatory Framework for the Protection of Personal Data”).

Users who access our services through the Website, agree to be bound by the provisions of this Policy, accept that their personal information is collected through questionnaires, records, electronic forms, among others granted and / or virtually required on the Website, and authorize BIGMOND GROUP to use and process all the information provided to BIGMOND GROUP.

BIGMOND GROUP reserves the right to modify the Privacy Policy, which will be communicated via email with reasonable anticipation of its entry into force.

Definitions

Without prejudice to the terms defined in various sections of this document, the terms used here with the first capital letter and that are not defined in a different way, will have the meaning attributed to them below, and may be used in masculine, feminine or neutral, as well as in singular or plural, indistinctly and according to the context:

• “Cookie”: It is the data file that is stored on the user’s device when the user has access to the Site.
• “Responsible for Treatment”: Natural person or legal person that collects, stores, conserves, uses, blocks or deletes personal data of Users on behalf of BIGMOND GROUP, by virtue of a legal relationship that binds them with it and defines the scope of his performance.
• “User” and / or «Users”: That natural person, natural person with a business, or legal person that registers on the Website in order to acquire the products and / or services offered on the Website.
• “Website”: Includes: (i) the Internet website www.BIGMONDGROUP.com, (ii) the Internet website www.bigmond.com, (iii) el sitio web de Internet www.mill.pe, (iv) the Internet website www.consulting.bigmond.com and, (v) the corresponding applications for mobile devices. The Privacy Policy applies only to the information that Users provide us through the Website.
• “External Servers”: We use other companies, agents or contractors to provide external services.
• “Personal Information”: It allows to identify and / or make the User identifiable; such as, their names, surnames, ID number, telephone number, email, among others, that BIGMOND GROUP deems appropriate to request, in order to be able to provide the services and / or products offered on the Website in an appropriate manner.
• “General Information”: By itself, it does not allow the User to be identified, but it may be required by BIGMOND GROUP to provide its services.

From now on, it will be understood that the expression «Personal Data» will refer to Personal Information and General Information provided by Users.

What information do we collect?

If the User wishes to access the services offered by the Website, they must register by completing the registration form with their Personal Information; including: your phone number, email address, full names, a username, among others.

Likewise, we collect User information related to: (i) content shared within the Website, (ii) course data (behavior and use of the product and comments), (iii) purchase data. BIGMOND GROUP may request other Personal Data considered appropriate at the time.

Notwithstanding the above, for security reasons, BIGMOND GROUP does not collect or store: (i) confidential economic data related to Users and (iii) data about the user’s accounts in other services, unless they are connected to the BIGMOND GROUP account.

What do we use user data for?

BIGMOND GROUP will use the information for the following purposes: (i) present the Website and its contents; (ii) provide and coordinate with the User the information of the services they request; (iii) notify the User about changes to the Website; (iv) allow the User to participate in interactive functions of the Website; (v) provide support to the User; (vi) validate the veracity of the information provided; (vii) update and consult contact details and other relevant information; (viii) answer the User’s inquiries and requests; (ix) manage User preferences regarding their accounts, (x) carry out statistical studies necessary to enhance BIGMOND GROUP services and improve the User experience; as well as trends and traffic, and keep track of purchases and usage data. (xi) guarantee compliance with information security protocols; among other purposes that are related to the service provided by BIGMOND GROUP to the User; and (xii) facilitate the technical operation of the services, which includes troubleshooting, the security of the services, and the prevention of fraud and misuse.

Unless otherwise indicated in this section of our Policy, we will not share your Personal Information with any third party without your authorization, unless it is necessary for the execution of the contractual relationship and for updates that may be given on the Website. Likewise, the User’s Personal Data will be used, including, but not limited to, in the following cases:

• System Administration: We may use User Personal Data for the purposes of administering our systems, assisting in diagnosing problems with servers, monitoring the performance and traffic of our systems, and gathering demographic information.
• Communication and Advertising: : We will use the Personal Data to periodically send the User to his email address advertisements, offers and send him advertising about the products offered on the Website. In case the User requests not to receive advertising material, he can send an e mail to comunicaciones@bigmond.com.
• Service Providers: : In case we decide to request the services of third parties in which the User’s Personal Data is involved (for example, security services, data management and storage, call centers, among others), we will transfer the User´s personal data necessary for the providers to carry out their services, either to national or international service provider companies. In this case, the latter are obliged to maintain the confidentiality of the Information to which they have or could have access, including their employees or suppliers. It should be noted that BIGMOND GROUP will not be responsible for the obligations that correspond to the Service Providers.
• Other types of disclosure: : Without prejudice to any provision to the contrary, contained in this Policy, we reserve the right, and the User hereby expressly authorizes us, to share their Personal Information or General Information: (1) ) in response to subpoenas, court orders or legal or administrative processes of any nature, or to establish, protect or exercise our legal rights or defend against lawsuits, administrative proceedings and investigations of any nature; (2) if we believe it is necessary to investigate, prevent or take action regarding potentially illegal activities, fraud, or situations that involve potential threats to the safety of any person or property; (3) if we believe it is necessary to investigate, prevent or take action regarding significant abuse of the Website’s infrastructure, denial of service attacks, or attempts to compromise the security of the Information); and (4) if we were acquired or merged with another entity, and in the cases of corporate reorganizations,
• Surveys: : We can send to your email and / or through text messages or any other available means, surveys on the services we provide through the Website, and / or on any other topic of interest to guarantee the improvement of our services .

By virtue of the aforementioned, BIGMOND GROUP transfers Personal Information at the national and international level of the Users for the purposes detailed in this point, for which the Users give their informed, prior and express consent.

Rights of Users

Users may access, rectify, oppose and cancel their Personal Data («Arco Rights»), as well as the other rights granted by Law, which may be exercised by request addressed to the following email: comunicaciones@bigmond.com.

The procedure of BIGMOND GROUP before the exercise of the Arco Rights by the User is subordinate to the provisions and deadlines established by the Regulatory Framework for the Protection of Personal Data.

Notwithstanding the foregoing, BIGMOND GROUP may keep certain information of the User requesting the cancellation, in order to serve as evidence against a possible claim against BIGMOND GROUP for responsibilities derived from the processing of said information. The duration of said conservation may not exceed the legal limitation period of said responsibilities.

Treatment by third parties – Treatment Managers

Whenever BIGMOND GROUP entrusts the processing of personal data to a third party, or allows third parties access to its data banks for the provision of a specific service («Treatment Managers»), BIGMOND GROUP will take into account the following specifications:

• Any processing of Personal Data carried out by a third party other than BIGMOND GROUP must be regulated in an agreement with the Treatment Managers («Agreement with the Treatment Managers») that, in which it is expressly established that the treatment of Personal Data will be carried out following the instructions of BIGMOND GROUP and under the regulation of the Data Regulatory Framework. Likewise, BIGMOND GROUP will establish with the Treatment Managers that, only the Personal Data will be processed for the purposes authorized or established in the contract, so the Treatment Manager will not use them for a different purpose, nor will they improperly communicate them to other people.
• The Agreement with the Treatment Managers must stipulate the security measures that the Treatment Manager will be obliged to implement, such as the protection of Personal Data, the return or destruction of Personal Data, once the order has been completed.
• The Agreement with the Treatment Managers must establish that, in the event of non-compliance by the Treatment Manager, the offender will respond to BIGMOND GROUP and the authorities for any unauthorized treatment or use of Personal Data.
• If the Treatment Manager needs to subcontract with third parties the services that he was obliged to offer, he must have the prior authorization of BIGMOND GROUP, and this will only proceed as long as the subcontractor assumes the same obligations as the Treatment Manager.
• The Agreement with the Treatment Managers must also establish confidentiality obligations regarding the information accessed by the Treatment Manager, keeping these obligations in force even after the term of the contract has expired.

Incorporation of Personal Data in a Data Bank

In accordance with the provisions of the Regulatory Framework for the Protection of Personal Data, BIGMOND GROUP informs the Users of the Website that the User’s Personal Information will be incorporated into the data banks owned by BIGMOND GROUP. The data banks will be stored through External Servers and the data conservation time will be according to the purpose of their storage. Notwithstanding this, BIGMOND GROUP is hereby authorized to keep certain information after the fulfillment of the purpose; In order for it to serve as evidence against a possible claim against BIGMOND GROUP for responsibilities derived from the treatment of said information.

In that sense, through this Policy the User gives his express consent for the inclusion of his Personal Information in the aforementioned data banks.

About security measures

BIGMOND GROUP guarantees the protection of the User’s Personal Data and avoids its alteration, loss, treatment and / or unauthorized access, taking into account the nature of the stored data and the risks to which they are exposed, all in accordance with the provisions of the Regulatory Framework for the Protection of Personal Data.

BIGMOND GROUP uses various security measures to prevent unauthorized access, misuse or disclosure with technology and processes used in the industry. Notwithstanding this, BIGMOND GROUP is not responsible for illegal interceptions or violation of its systems or databases by unauthorized persons, as well as the improper use of the information obtained by those means, or for any illegitimate interference that escapes the control of BIGMOND GROUP and that it is not attributable to it.

BIGMOND GROUP is not responsible for possible damages or losses that may arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of the electronic system, delays or blockages in the use of the Website, motivated by causes unrelated to BIGMOND GROUP.

Likewise, BIGMOND GROUP does not assume any responsibility for possible damages, fines or legal actions that could be caused due to the breach of the obligations of the External Servers hired for the Website.

Additionally, the BIGMOND GROUP Website may contain links to other websites, however, it does not assume responsibility for the content of the privacy policies and / or practices of other websites. When a User accesses a link that redirects him to another website, he must accept and abide by the privacy policy of that website

Cross-border data flow

The servers, providers and / or computers used by BIGMOND GROUP to deliver its services may be located outside the country or under another government jurisdiction. The User authorizes BIGMOND GROUP to transfer, store and process their Personal Data internationally (“Cross-Border Flow”) in accordance with the provisions established in the Normative Framework for the Protection of Personal Data, for which they express their prior, informed, free, express and unequivocal consent.

About the Veracity of Personal Data

Each User is responsible for the veracity, accuracy, validity and authenticity of the information provided, and undertakes to keep it duly updated. Notwithstanding the foregoing, the User authorizes BIGMOND GROUP, if it considers it pertinent, to verify the veracity of the Personal Data provided, through information obtained from publicly accessible sources or from entities specialized in the provision of said information.

Personal information requested by public authorities

BIGMOND GROUP undertakes not to disclose or share the User’s Personal Data, without the User having given due consent to do so, with the exception of requests for information from public authorities in the exercise of their functions and the scope of their powers; virtue of court orders and / or legal provisions.

Cookies and other information

We use the user’s IP address to identify problems, administer the Website and identify patterns of traffic behavior. Cookies or similar technology are also used to be able to offer you content according to your interests, it is important to mention that we use different types of cookies, tools of data collection, profiling and online advertising.

Consent

Users declare that they have previously read and give their free, express, unequivocal and informed consent to BIGMOND GROUP to process their Personal Data; likewise, they declare to have been informed about what information is collected, the way in which it will be carried out and the purpose of the collection of Personal Data.

Minors

Users declare that they have previously read and give their free, express, unequivocal and informed consent to BIGMOND GROUP to process their Personal Data; likewise, they declare to have been informed about what information is collected, the way in which it will be carried out and the purpose of the collection of Personal Data.

In the event that BIGMOND GROUP collects and processes the Personal Data of minors, necessary and indispensable for the development of the contractual relationship with the minor User; BIGMOND GROUP will inform the owner of the personal data and / or their legal guardian, about the purposes of the processing of Personal Data, in accordance with the provisions of article 14 of the Law on Protection of Personal Data.

Policy Update

BIGMOND GROUP expressly reserves the right to modify and / or update this Policy at any time, in accordance with the modifications or requirements of the regulation or due to adjustments inherent to the service made at BIGMOND GROUP’s criteria.

Any modification and / or update produced in this Policy will come into effect from its publication on the Website.

Likewise, BIGMOND GROUP will make its best effort to notify Users about those modifications through their registered email or by making a publication on the Website.

Assignment of contractual position

The User expressly authorizes the transfer of this Policy and the Personal Data in favor of any person who (i) is bound by this Policy; and / or (ii) that it is the new person in charge of the databases that contain the Personal Data.

After the transfer has been produced, BIGMOND GROUP will not have any responsibility with respect to any event that occurs from the date of the transfer. The new data bank manager will assume each and every one of BIGMOND GROUP’s obligations established in this Policy regarding the treatment, safeguarding and conservation of Personal Data.

Applicable law

The Privacy Policies are governed and interpreted in accordance with the laws in force in the Republic of Peru, subject to the competence and jurisdiction of the Judges and Courts of Lima, Peru.

Contact

BIGMOND GROUP accepts all types of questions, complaints or comments regarding the Privacy Policies. Send us an email to  comunicaciones@bigmond.com. or write to us at the following address: BIGMOND S.A.C. Av. El Derby 254 Oficina 402, Santiago de Surco, Lima, Perú.

I declare that after having read the Privacy Policy, I expressly accept all the terms contained therein and also authorize BIGMOND GROUP to send me advertising and / or commercial material. As a sign of agreement, I proceed to fill out the visiting user purchase form.