Koywe (Koywe SpA (Chile), Koywe S. de R.L. de C.V. (México), Koywe SAS (Colombia), Koywe SAC (Perú), Alerce Argentina S.R.L. (Argentina) respectively, (hereinafter "KOYWE" or "We"), with address for these purposes at Av. Libertador Bernardo O ́Higgins N° 1302, Office 70, district of Santiago, Chile, is aware of the importance of the protection of personal information and personal data ("Personal Data") and those personal data that affect the most intimate sphere of its owner, or whose improper use may give rise to discrimination or entail a serious risk for the owner ("Sensitive Personal Data") has for our clients and of the trust placed in us when providing such data. Thus, in order to inform the way in which Personal Data and Sensitive Personal Data will be collected, stored and processed by KOYWE, this Privacy Notice (the "Notice" or the "Policy") has been prepared.
This Privacy Notice sets forth the guidelines that KOYWE follows in the treatment of your Personal Data and Sensitive Personal Data as a customer of our platform ("User" or "Users") and the various services ("Service" or the "Platform") that we offer through our website www.koywe.com (the "Site").
For the provision of the Service we will require the processing of your Personal Data and Sensitive Personal Data; therefore, prior to its use we make available to you our Privacy Notice, which is an integral part of the terms and conditions of use of our Site (the "Terms and Conditions"), which are available here.
This Policy is intended to inform you about the manner and purpose of KOYWE's processing of your Personal Data and Sensitive Personal Data. All capitalized terms used in the Policy that are not expressly defined in the Policy shall have the meaning indicated in the Terms and Conditions.
The purpose of this Policy is to explain to you:
Our Platform is not intended for underage individuals. KOYWE does not process Personal Data of underage individuals, except as may be authorized by law. If you believe that KOYWE may have collected Personal Information from a underage individual who is under your guardianship and without your authorization, please contact us at contacto@koywe.com and we will delete such information in accordance with the secure processes we have created for this purpose.
Basis for the legitimacy of the processing of your Personal Data
KOYWE bases the processing of your Personal Data and Sensitive Personal Data on your express and written consent, prior, unequivocal, free and informed, or on the law, when applicable. By expressly giving your written consent to this Privacy Notice, you agree to the use of your Personal Data and Sensitive Personal Data for the purposes expressly stated in this Privacy Notice, you agree to the use of your Personal Data and Sensitive Personal Data for the purposes expressly stated in this Privacy Notice. KOYWE will provide the appropriate mechanisms, free of charge, so that you can expressly consent in writing, once you have read this Privacy Notice.
Responsible for the processing of your Personal Data
KOYWE is responsible for the Platform, as well as for the processing of Personal Data and Sensitive Personal Data collected and processed within the framework of its use by Users. KOYWE will not share your Personal Data, or Sensitive Personal Data, with third parties, except with those indicated in the section "With whom we may share your Personal Data" or if we have your express written permission, as required, to do so, or we must do so in compliance with a legal obligation, or when required by law.
In order for KOYWE to carry out the processing authorized in this Privacy Notice, it may appoint data processors, in accordance with applicable law, by entering, in accordance with applicable law, into appropriate contracts through which data processing agreements are agreed ("Partners" or the "Agencies").
In accordance with the provisions of the law, the relationship between KOYWE and the responsible parties shall be established by written contractual clauses, which allow to prove its existence, scope and content, and shall leave a special record of the conditions for the use of Personal Data. The Agencies may only process the data for the purpose of fulfilling the specific assignment entrusted to them by KOYWE.
KOYWE will require its Partners to comply with appropriate technical, physical and administrative security measures, consistent with applicable law and current industry standards, to ensure the protection of Personal Data. In any case, KOYWE remains liable - towards the owner of the Personal Data - for acts or omissions of the Partners.
Partners providing services to KOYWE shall correspond, for example, to agencies, marketing services, data analytics, among others. The Partners shall perform their tasks as agents of KOYWE, under its instructions, subject to the terms of this Privacy Notice and adopting appropriate security and confidentiality measures for the processing of data and compliance with the rules governing the protection of privacy.
We do not sell or disclose to third parties the Personal Data, or Sensitive Personal Data, that we collect from users.
What Personal Data do we collect?
When you open an account on the Site and become a registered User on the Platform, we will request at least the following information.
KOYWE collects and processes biometric data, considered as Sensitive Personal Data, to perform a facial recognition in order to verify your identity when creating an account with KOYWE.
How and for what purposes do we process your Personal Data?
KOYWE will use your Personal Data for the following purposes:
Primary Purposes:
Secondary Purposes:
Conducting market research, direct marketing, consumer habits reports, statistical analysis, market trends and commercial prospecting.
Send commercial promotions, loyalty programs and invitations to events and courses. If you do not agree that KOYWE may process your Personal Data for the secondary purposes described above, you must notify KOYWE at the e-mail address contacto@koywe.com . The refusal to process your Personal Data for the purposes described in this paragraph will not be a reason for KOYWE to deny the provision of the Service.
In addition to the foregoing, we inform you that you may limit the use and disclosure of your Personal Data by registering in the Public Registry to Avoid Advertising in charge of the Federal Consumer Protection Agency
With whom may we share your Personal Information?
We may share your Personal Data with:
(i) Authorities, whether administrative and/or judicial, that in the exercise of their competence require information for the purposes of: (a) collaborate in the investigation and reporting of fraud, piracy, intellectual or industrial property violations or any other illicit activity, as well as any activity or circumstance that could generate legal or administrative liability to KOYWE, its related companies and Partners; (b) safeguard the public interest, the administration of justice, the recognition, exercise or defense of a right in a judicial or administrative process, and/or the resolution of controversies; and (c) comply with any applicable law, regulation or legal provision, or any mandate from a competent authority duly founded and motivated.
(ii) Third parties other than Partners, for which you have given us your prior, express and written consent, or with respect to which there is an authorization or legal obligation that allows us to do so without such consent, or that the transfer is necessary for the maintenance or fulfillment of the legal relationship that we have with you.
Rights over your Personal Data
As the owner of Personal Data and Sensitive Personal Data, you have the right to access your Personal Data, rectify your Personal Data when it is inaccurate or incomplete; cancel your Personal Data, as well as oppose its processing (hereinafter referred to as "ARCO Rights"). You may exercise your ARCO Rights by submitting a written ARCO Rights Request to the e- mail address contacto@koywe.com. In any case, the ARCO Rights Request must contain the following:
(i) name of the owner and address or means to communicate the respective response to you;
(ii) documents proving your identity or, if applicable, that of your legal representative;
(iii) clear and precise description of the personal data with respect to which you are seeking to exercise any of the ARCO Rights; and
(iv) documents or elements that facilitate the location of the respective personal data.
KOYWE will process the ARCO Rights Requests it receives, provided that they comply with the minimum requirements set forth in the preceding paragraph. KOYWE will communicate the determination adopted within 20 days from the date on which the ARCO Rights Request was received, in order for such determination to become effective within 15 days from the date of communication of the response to the respective ARCO Rights Request.
Likewise, you may revoke the consent you have given to KOYWE for the processing of your personal data. In this regard, it is important to note that not in all cases it will be possible to respond to your request or conclude the processing immediately, since there may be legal obligations of KOYWE, derived from which it is required to continue the processing of your personal data.
To revoke your consent, you must submit a Request for Revocation of Consent to the email address contacto@koywe.com.
KOYWE will process your Request for Revocation of Consent provided that such request contains the following:
(i) name of the owner and address or means to communicate the respective response to you;
(ii) documents proving your identity or, if applicable, that of your legal representative; and
(iii) clear and precise description of the personal data with respect to which you are revoking your consent. The deadlines for responding to Revocation of Consent Requests will be the same as those foreseen for the exercise of ARCO Rights.
Security Measures
KOYWE has implemented administrative, physical and technical security measures in order to safeguard your Personal Data and Sensitive Personal Data from possible security breaches, such as loss or unauthorized destruction; theft, loss or unauthorized copying; unauthorized use, access or unauthorized processing; damage, alteration or unauthorized modification. You may contact us through the e-mail address contacto@koywe.com to learn more about the security measures adopted by KOYWE to protect your Personal Data and Sensitive Personal Data.
We inform you that the Site contains hyperlinks and/or banners that redirect to Internet pages and websites of third parties. KOYWE will not be responsible for the Personal Data and information you provide through Internet pages and websites other than the Site.
KOYWE recommends its customers and users to check the privacy notices of third party websites and web pages before providing any information.
Changes to this Policy
KOYWE may change this Privacy Notice at any time. When that happens, we will notify you by e-mail and, if required by law, we will request a new authorization and consent.
If you have any questions, where can you contact us?
For any additional information related to this Privacy Notice or the treatment of your Personal Data and Sensitive Personal Data in general, please contact us at contacto@koywe.com.
