1. PERSONAL INFORMATION PROCESSING POLICY
In compliance with the Constitution of the Republic, the provisions of the Law on Electronic Commerce, Electronic Signatures and Data Messages published in the Official Gazette 557 of April 17, 2002 and other applicable Ecuadorian regulations, users of this website are informed, and in turn they expressly consent that the personal data provided through this website https://us.palestracouture.net/ be incorporated into the database who guarantees full compliance with current regulations on protection of personal data at any time.
2. LEGAL FRAMEWORK
In the Constitution of the Republic of Ecuador in Article 66 nº 19 and the Law of Electronic Commerce, Electronic Signatures and Data Messages has its normative support in article 9 which provide:
Constitution of the Republic of Ecuador Art. 66 nº 19: “The right to the protection of personal data, which includes access to and decision on information and data of this nature, as well as its corresponding protection. The collection, filing, processing, distribution or dissemination of these data or information will require the authorization of the owner or the mandate of the law.
Electronic Commerce Law Art. 9: “Data Protection. For the preparation, transfer or use of databases, obtained directly or indirectly from the use or transmission of data messages, the express consent of the owner of these will be required, who may select the information to be shared with third parties. The collection and use of Personal data will respond to the rights of privacy, intimacy and confidentiality guaranteed by the Political Constitution of the Republic and this law, which may be used or transferred only with the authorization of the owner or order of a competent authority.
Consent will not be required to collect personal data from sources accessible to the public, when they are collected for the exercise of the functions of the public administration, within the scope of its competence, and when they refer to people linked by a business relationship, labor, administrative or contractual and are necessary for the maintenance of relations or for the fulfillment of the contract.
The consent referred to in this article may be revoked at the discretion of the owner of the data; the revocation will not have a retroactive effect in any case.”
3. GENERAL INFORMATION OF PERSONAL DATA OF PALESTRA COUTURE
Company name: PALESTRA COUTURE
Commercial name: PALESTRA COUTURE
Ruc. 1717444812001
4. DATA THAT MAY BE COLLECTED
Visiting this website does not imply that the user is obliged to provide any information about himself. Through the subscription on the website, users may voluntarily deliver to Palestra Couture only and exclusively those data necessary to comply with contractual obligations. For example, ID number, names and surnames, address, age, telephone number, email, credit/debit card number, among others. Under no circumstances will the user be asked to provide sensitive data.
The purpose of the processing of personal data is based on Palestra Couture informing the users and they expressly consent that the personal data that they voluntarily provide to Palestra Couture through the subscription on the website are processed to comply with the legal obligations and contractual obligations assumed against said users, in particular to manage the collection and delivery of their order, as well as for the sending of commercial communications, including by email or equivalent electronic means such as SMS on mobile phones, about the products and/or or services offered by Palestra Couture.
At the time of proceeding to collect the data, the voluntary or mandatory nature of the data to be collected will be indicated. The refusal to provide the mandatory qualified data will mean the non-provision or the impossibility of accessing the service for which they were requested.
5. AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA
Palestra Couture, acting as Data Controller, has adopted procedures to request, at the latest at the time of collecting your personal data, your authorization for the Treatment thereof and inform you of the personal data that will be collected as well as all the purposes specific to the Processing for which your consent is obtained.
It will be understood that the Holder has granted Palestra Couture Authorization for the Processing of their personal data when it is manifested: (i) in writing; (ii) orally; or (iii) through unequivocal behavior of the client or user that allows a reasonable conclusion that he or she granted Palestra Couture the respective authorization. In no case will silence be understood as an unequivocal behavior.
Notwithstanding the foregoing, the authorization of the client or user will not be necessary in the case of: (i) Information required by a public or administrative entity in the exercise of its legal functions or by court order; (ii) Data of a public nature; (iii) Cases of medical or health emergency; (iv) Treatment of information authorized by law for historical, statistical or scientific purposes; and (v) Data related to the Civil Registry of Persons.
6. REVOCATION OF THE AUTHORIZATION AND/OR DELETION OF THE DATA
The Holder of the personal data may at any time request Palestra Couture as Responsible for the Treatment, the deletion of their personal data and/or revoke the authorization that has been granted for the Treatment of the same, by presenting a claim, in accordance with the provisions of article 9 of the Law on Electronic Commerce, Electronic Signatures and Data Messages.
Notwithstanding the foregoing, we warn that the request for deletion of the information and/or the revocation of the authorization will not proceed when, as Holder of the personal data has a legal or contractual duty by virtue of which it must remain in the Palestra Couture database.
7. PURPOSE OF PERSONAL DATA PROCESSING
Palestra Couture will process personal data for the following purposes:
• Carry out, through any means directly or through third parties, marketing activities, promotion and/or advertising of its own or of third parties, sale, billing, management of collection, collection, programming, technical support, market intelligence, service improvement, verifications and consultations, control, behavior, habit and authorization of means of payment, fraud prevention, as well as any other related to our products and services, current and future, for the fulfillment of contractual obligations and our corporate purpose.
• Generate optimal communication in relation to our services, products, promotions, billing and other activities.
• Evaluate the quality of our products and services and carry out studies on consumption habits, preference, purchase interest, product testing, concept, service evaluation, satisfaction and others related to our services and products.
• Provide assistance, service and technical support for our products and services.
• Take the necessary steps to comply with the obligations inherent to the services provided by Palestra Couture.
• Comply with the obligations contracted with our clients, allies, users, suppliers, their subsidiaries, distributors, subcontractors and other persons directly or indirectly related to the corporate purpose of Palestra Couture.
• Control and prevent fraud in all its forms.
8. RESPONSIBILITY OF THE USER
The User is prohibited from including in the free text fields of the Web page personal data of third parties, nor supplanting the identity of others in the use of the Web or any of its services. In the event that the User fails to comply with this obligation, he will be liable to Palestra Couture and third parties for the damages and / or losses that may be caused by the aforementioned breach.
Likewise, it is prohibited to introduce, store or disseminate through the Web any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the Web.
By making use of our website, the user acquires the commitment to provide correct and true personal information, as well as proceed to update their data whenever required. In the same way, the user undertakes to timely notify their corresponding entities of the financial or cooperative sector, the loss or theft of their credit card or of the other instruments provided by them to carry out transactions, such as credit cards, debit among others so that such instruments are disabled by them.
Likewise, Palestra Couture is informed of the impossibility of carrying out checks on the veracity and accuracy of the personal data provided, for which it recommends in cases of such actions that they supervise the registration process of their children. In its case, Palestra Couture will manage the requests derived from the exercise, by parents, of the rights of access, cancellation, rectification and opposition of the data of minors or incapable persons, without prejudice to the fact that you can contact us to carry out the warnings that it deems appropriate, by any of the means already referenced.
The User undertakes to hold Palestra Couture harmless against any claim that may be filed against it for non-compliance by the User with the obligations contained in this Privacy Policy, as well as in the current legislation at any time in terms of protection. of personal data and agrees to pay the amount to which, by way of sanction, fine, compensation, damages, losses and interests, Palestra Couture may be sentenced, including attorneys’ fees, due to the aforementioned breach.
9. PROCEDURE FOR THE ATTENTION OF CLAIMS AND REVOCATION OF THE AUTHORIZATION OF THE PROCESSING OF PERSONAL DATA
The client or user of the personal data or whoever is duly authorized may:
Make requests and queries to know the personal information of the client or user that rests in Palestra Couture
Request the updating, modification, rectification or deletion of the Holder’s data, when there is place to it in accordance with this Policy and with the applicable Law.
Request a copy of the authorization granted by the client or user to Palestra Couture to carry out the Processing of their Personal Data.
These queries may be made free of charge at least once every calendar month and whenever there are substantial changes to the Information Treatment Policies that motivate new queries.
The client or user or whoever is authorized to do so, may make inquiries to Palestra Couture about the Holder’s personal information through the following mechanisms:
Verbally by contacting the Customer Service in Quito:
(+593) 099- 9499214
By writing to the following address: Av. Mariana de Jesús and Av. Eloy Alfaro, Quito
E-mail: camilocresp@yahoo.com
The query will be answered within a maximum term of ten (10) business days from the date of receipt thereof.
When it is not possible to attend the query within the term indicated above, Palestra Couture will inform the interested party, stating the reasons and indicating the date on which their query will be answered, no later than five (5) business days following the expiration of the foreground.
10. PROCEDURE FOR THE ATTENTION OF CLAIMS AND REVOCATION OF THE AUTHORIZATION OF THE PROCESSING OF PERSONAL DATA
Through this procedure, the user or client or whoever is duly authorized may:
Revoke the Authorization for Data Processing. Submit claims when you consider that there is an alleged breach of the duties of Palestra Couture related to the Processing of Personal Data, in accordance with the provisions of the applicable legislation and laws.
11. REVOCATION OF THE AUTHORIZATION OF THE USER OR CLIENT FOR THE PROCESSING OF PERSONAL DATA.
The Client or user may revoke the authorization and request the deletion of their data in the following events:
By unilateral, free and voluntary decision of the client or user of the Personal Data, when there is no legal or contractual obligation that imposes the Holder the duty to remain in the database; and When the constitutional and legal principles, rights and guarantees are not respected.
Consequently, Palestra Couture will delete the data or suspend its use when appropriate, respecting the rules on documentary conservation that are applicable to it.
12. THE PROCEDURE FOR ATTENDING COMPLAINTS REGARDING THE PERSONAL DATA OF THE CUSTOMER OR USER IS AS FOLLOWS:
The client, user or whoever is duly authorized to do so, may file Palestra Couture claims in relation to the Treatment of their Personal Data, in the following events:
When they consider that the information of the client or user contained in a database should be subject to correction, update or deletion; o When you notice the alleged breach of any of the duties contained in the Applicable Laws
The formulation of claims must be made through any of the following service channels:
Verbally by contacting the Customer Service Line in Ecuador: (+593 ) 099-9499214
Sending an email to: camilocresp@camilo-crespo-cueva
The claim presented by the client or by the person authorized to do so, must contain at least the following: (i) Identification of the Owner of the Personal Data; (ii) Description of the facts giving rise to the claim; (iii) Contact information and location of the Holder of the Personal Data (Address, telephone, cell phone, email, etc.); and (iv) The documents or evidence that support your claim. In case of not having the above information, it will be understood that the claim is not complete.
If the claim is incomplete, Palestra Couture will ask the interested party to correct the faults or submit the information or documentation required within five (5) business days following receipt of the claim by Palestra Couture. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that the claim has been withdrawn and it will be filed.
Palestra Couture has a term of fifteen (15) business days to address the claim, counted from the business day following the date of receipt at Palestra Couture.
When it is not possible to attend the claim within the aforementioned term, Palestra Couture will inform the interested party of the reasons for the delay and the date on which their claim will be addressed, which may not exceed eight (8) business days following the expiration of the first finished.
13. AREA RESPONSIBLE FOR THE ATTENTION OF REQUESTS, INQUIRIES AND CLAIMS
The Palestra Couture Customer Service area is responsible for receiving requests, queries and claims from the customer or user of the Personal Data related to their rights to know, update, rectify and delete the Personal Data and revoke the Authorization. Likewise, the Customer Service area will ensure the timely and adequate response issued by each of the areas of Palestra Couture to the requests, queries and claims of the Data Owners.
14. MODIFICATION OF THE PERSONAL DATA POLICY
Palestra Couture reserves the right to modify, without the need for prior notice and at any time, the content of everything contained in this Privacy Policy in order to adapt them to the current regulations that are applicable at any time or to the operation or the incorporation of new services. In the event of the aforementioned modification, Palestra Couture undertakes to conveniently publish the modified or updated Privacy Policy on the Website so that it is available to users.