Privacy policy

The provisions of this Privacy Policy is intended to inform you about the processing of personal data gathered and collected through the web site  https://phenomenalb2b.com/ (hereinafter, the “WEBSITE”), or other means, belonging to PHENOMENAL DIGITAL S. A. C., is identified with RUC Nro. 20611440864, with address for these purposes at Calle Peru 551, San Ramon, Province of Chanchamayo and Department of Junín, the Republic of Peru (hereinafter, the “COMPANY”), as well as the rights you can exercise your users about your information.

THE COMPANY is dedicated to, among other things, to provide services of digital media in various sectors (hereinafter, the “Services”) as well as the marketing of related products (hereinafter “Products”).

It is considered a “User” any person who browses, accesses, subscribe, register, or use the WEB SITE, or to those who have provided the information to perform a transaction for the purchase of a Product or Service of the COMPANY, or to those who register to receive advertising, or to those who register through the Book of Claims. The COMPANY promotes the provision of a free and informed consent when this is necessary.

The COMPANY reserves the right to edit and/or update to what is established by the Privacy Policy so that you will not need of prior notification to the User. This being so, it is the responsibility of the User that report with regard to the policy in effect at the time of grant information. Therefore, the User declares that he is accepting all of the terms contained in this Privacy Policy by accessing the WEBSITE, and indicate you have read the policy.

This policy will also apply to those individuals or companies to which the COMPANY requires the processing of personal data of which it is responsible, and is governed by the Law of Protection of Personal Data – Law N° 29733.

In compliance with article 18° of the Law of Protection of Personal Data – Law N° 29733, on the duty of information, the COMPANY reported the following:

Personal data is information that lets us know who you are and that can be used to identify, contact or locate you. You will be able to share the following data with us when you use the Products or Services, and/or browse in the WEBSITE: full name, ID number, email, address(es), telephone numbers, information of credit card/debit card (number, expiration date, CVV, etc..), address, company, and job title.

 

1. Purpose of the Processing of Personal Data 

Such personal data collected for the following purposes:

1. To run the acquisition of Products and Services.
2. To generate internal reports about the use of the WEBSITE. 
3. To provide customer or potential clients (for claims or complaints through the Book Claims).
4. To send advertising material (offers, promotional information, product and service updates, etc).

THE COMPANY will indicate which of the requested data are mandatory in order to comply with the purposes set forth. Therefore, if you do not provide these data or are not provided correctly, may not address the requests of the users, or make use of the service or benefit in question.

In this respect, the data will be kept for the time necessary for the realization of the purposes for which they were collected, unless the user requests its low, oppose or revoke your consent, and those cases in which there is a legal obligation to preserve them for longer than.

The processing of data for the management of the Products or Services of the COMPANY it is necessary for the effective execution of these tasks. For its part, the legal basis for the use of the data for marketing purposes will be the free consent of the user. Whenever you make any communication of this type, in accordance with the purpose and legitimacy indicated in the previous sections, will be addressed only and exclusively to those users who have expressly authorized it. To carry out this work, THE COMPANY will be able to analyze the data obtained, in order to develop user profiles that allow to define in more detail the Products or Services that may be of interest to you.

 

2. Collection and Storage of Personal Data

The User must provide true, current, accurate and complete. Therefore, you must be kept informed of the COMPANY in case you have changed or there is a bug.

The personal data collected will be stored in the database called “Users” or “Potential Customers” of the COMPANY respectively.

In the event that the User provides third-party data, and must be shown to be legally entitled to do so, or, in your case, you have the consent of these, pledging to move to the interested party, the owner of such data, the information contained in this privacy policy and exempting THE COMPANY from any liability in this respect. However, THE COMPANY may carry out the necessary verifications to verify this fact, adopting the measures of due diligence that apply, in accordance with the data protection legislation.

 

3. Responsibilities of the User

The User must:

• Ensure that you are over 18 years old, or in the case of a minor, his guardian consent and that the data provided to THE COMPANY are true, accurate, complete and up to date. For these purposes, the user is responsible for the truthfulness of all the data communicated and will conveniently up-to-date information provided, in such a way that responds to the actual situation.
•  Ensure that you have informed the third party to provide your data, in case of doing so, of the aspects contained in this document. Furthermore, you represent that you have obtained your authorization to provide your data to those responsible for the above purpose. 
• Be responsible for the false information or inaccurate statements provided and the damages and losses, direct or indirect, to cause THE COMPANY or third parties.

 

4. Clause of Compliance

The COMPANY collects your personal data in compliance with the provisions of the Law of Protection of Personal Data – Law No. 29733, and its Regulations (approved by Supreme Decree No. 003-2013-JUS). So, it is obliged to:

• Do not apply or use personal data collected for purposes other or not related to the object or purpose provided in this policy.
• Do not disclose it to other individuals or legal entities the personal data will be provided.
• Secrecy and confidentiality with respect to personal data, even after the end of his relationship with the User.
• To adopt the measures of a technical and organisational nature required by the regulations, in a manner that ensures the security measures of the personal data and avoid its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether they come from human action, physical or natural environment. 
• Move and communicate the obligations referred to in the preceding paragraphs to the personnel assigned to the compliance of the performance of the WEBSITE.
• Remove once the deadline given all of the personal data that is processed like any media or documents which may contain any personal data object of treatment.
• By sharing your information with third parties, we will take reasonable and appropriate steps to ensure contractually that such parties will protect and use this information responsibly.

 

5. Exercise of Rights over your Personal Data

The User may exercise the following rights regarding their personal data:

• Access to information: the User can get the information about itself that is stored in the data banks of the COMPANY.
• Rectification: the User can request the update, correction and / or addition of new data of their personal data, if there is any error, inaccuracy or incomplete.
• Cancellation: the User can request the deletion of your personal data that are not required for the fulfilment of obligations of the COMPANY.
• Opposition: the User can object to the processing of your personal data, provided that such treatment may not be required by contract or law.

In case the User wishes to exercise the rights referred to in the Act on Personal Data Protection, and its Regulations, you will need to contact THE COMPANY to the following address: Ricardo Herrera 780, Cercado de Lima, or a written communication to the Passage Mártir Olaya Nro. 129, Office Nro. 1704, Miraflores District, Province and Department of Lima, Republic of Peru. It will be necessary for the User to explain under what circumstances gave the personal data in question to the COMPANY.

 

6. Privacy of Minors

The Products or Services provided on this WEB SITE are not designed for and may not be used by children under the age of 18 years. THE COMPANY does not gather with knowledge information from minors, and do not market Products or Services to children under 18. It only performs the processing of the Personal Information of minors under 18 years old, provided that such Personal Information may be provided by the parents, guardians, legal representatives, or any person who has powers to do so and in cases where such Personal Information is received for the purchase of Products or Services provided on this WEB SITE or any other service that we offer.

 

7. Transfer of Data

The data of the Users may be disclosed to entities of THE COMPANY, either because (1) the need for the provision of the Products or Services of THE COMPANY, or (2) provided that the user has consented to the sending of commercial communications about the Products or Services.

In addition, certain data may be published by COMPANY on the WEBSITE or any other website or social networks (Twitter, Facebook, Instagram, LinkedIn, etc) of THE COMPANY.

Additionally, the data may be accessible by providers and employees of THE COMPANY being such access is necessary for the proper fulfillment of legal obligations and/or for the purposes set out above. These service providers will not treat their data for its own ends.

 

8. Use of Cookies and Web Beacons

It is possible that the WEB SITE makes use of “cookies” in connection with certain features or functions. “Cookies” are specific types of information that a web site transfers to the hard drive of the User's computer in order to keep the records. “Cookies” may serve to facilitate the use of a web site, to save passwords and preferences while the User navigates on the Internet. The WEBSITE does not use cookies to obtain personally identifiable data of the User's computer that was not originally sent as part of the “cookie”.

For its part, the “web beacons” are images inserted in a web page or email, which can be used to monitor the behavior of a visitor, such as storing information about the IP address of the User, duration of interaction time on the page and the type of browser used, among others. For this reason, the WEB SITE also may include the use of “web beacons.”

Although most browsers accept “cookies” and “web beacons” automatically, the User can configure your browser to not accept cookies.

 

9. Link to a Third party

This Privacy Policy applies only to the Products and Services provided by the COMPANY. These services may contain links to other websites and services not operated or controlled by COMPANY ("Third party Services"). The policies and procedures described here do not apply to Third-party Services. The links of their services do not imply that endorses or has reviewed the Third-party Services. It is suggested that you contact those sites directly for information on their privacy policies.

 

10. Jurisdiction and Applicable Law

For anything not expressly provided for in this Privacy Policy, apply to additional provisions, the provisions contained in the legal system in peru. Also, any dispute arising from the acceptance and/or interpretation of this policy, shall submit to the jurisdiction of the judges of Lima, Peru.

 

11. Security measures

COMPANY / / / undertakes to make its best effort to protect the security of the personal data that the User is delivering, through the celebration of legal acts, the use of technologies that control access to, use of, or unauthorized disclosure of personal information.

For such purposes, the data will be kept by the COMPANY in THE systems that ensure the maximum confidentiality and security of the information, as provided for in the applicable regulations, adopting, for the effect of the measures of a technical and organizational nature necessary to avoid its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data and risks to which they are exposed.

In the event that, for the proper development of the relationship of the user with THE COMPANY is absolutely necessary for the processing of personal data is performed, fully or partially, outside the national territory, will be ensuring an adequate level of protection in accordance with the applicable law or because the person or entity in charge of the treatment has been committed contractually to the same.