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Digital Service is understood as any service made available through the Internet or any adaptation or application of the protocols, platforms or technology used by the Internet, and which is characterized by being essentially automatic and not viable in the absence of information technologies. The Commission for the Promotion of Peruvian Exports and Tourism (hereinafter, PROMPERU), makes its Digital Services available through the following means (among others):
• Portals and websites
• Mobile applications
• Computer systems
• SMS
• E-mail address
• Chat communications
These Terms and Conditions regulate the use of PROMPERU's Digital Services. Access to any of them, confers the condition of user (hereinafter The User) and entails the full and unreserved acceptance of all the provisions of this document. Likewise, Content shall be understood as, but not limited to, the information, text, links, graphics, images, audios, videos, codes, tools or modifications thereof that may be viewed, accessed or interacted with through PROMPERU's Digital Services. PROMPERU reserves the right to unilaterally modify the Terms and Conditions of Use of its Digital Services at any time, notifying the User of the new version by means of its timely publication, being presumed the acceptance of the new conditions, in case the User continues with the use of the service.
The use of the Content is restricted to the purpose of the Digital Service provided; any other additional use must be previously, expressly and in writing authorized by PROMPERU. The User agrees to use the Content in a diligent, correct and lawful manner, refraining from using them for purposes contrary to law, public order, morality and good customs.
The intellectual property rights regarding the Digital Services and Content, as well as the rights to use and exploit them, including the disclosure, publication, reproduction, distribution and transformation, are the exclusive property of PROMPERU. The User does not acquire any right by the simple access, and at no time shall the use be considered as authorization and/or license by PROMPERU on intellectual property rights or for the use for purposes other than those contemplated in these Terms and Conditions.
In this regard, the total or partial reproduction of the Content is strictly prohibited without prior, express and written consent from PROMPERU. By providing contents, in any form and by any means known or to be known, in the Digital Services , the User assigns and transfers to PROMPERU, free of charge, totally and exclusively, all intellectual property rights and any other rights that the User may have on such contents, being the User exclusively responsible for them, so PROMPERU will remain harmless from any third party claim derived from the use of such contents.
The User accepts that the provisions set forth in the previous paragraph, regarding the ownership of PROMPERU's rights, are also applicable to the rights of third parties with respect to the possible linked sites.
The provision of PROMPERU's Digital Services may require prior registration or subscription by the User, being the credentials provided non-transferable and under responsibility for the use. As a condition, the User warrants that the information provided is true, accurate, current and complete. If an account is created on behalf of a company, organization or other legal entity, the User warrants that he/she is authorized to do so and that such entity complies with the provisions hereof. The User undertakes to refrain from using the Digital Services for illicit purposes or effects, contrary to the provisions herein, harmful to the rights and interests of third parties, which in any way may damage, disable, overload or impair the Digital Service or prevent its normal use.
When using the Digital Services you may encounter links to third party sites or applications, or you may interact with them, for example, by sharing Content on such platforms. PROMPERU declares that it does not exercise any type of control over such sites and, under no circumstances, shall it guarantee their technical availability, quality, truthfulness and validity. The establishment of the hyperlink does not imply the existence of a relationship between PROMPERU and the Third Party, nor the acceptance, approval or endorsement of its contents or services, exempting PROMPERU from any liability for any damage or harm caused by the use of or reliance on the hyperlink.
PROMPERU will direct its efforts to avoid interruptions and errors in the provision of the Digital Service. However, PROMPERU does not guarantee its availability and continuity or absence of errors, and reserves the right to suspend, modify, interrupt or stop operating the Digital Service at any time.
PROMPERU adopts several measures and controls to protect and preserve the security of the Digital Service; nevertheless, it does not guarantee the impossibility of violations caused by unauthorized third parties. Therefore, PROMPERU shall not be liable for any direct, indirect, incidental or consequential damages arising from the following causes:
(i) The use of the Digital Service for purposes other than those set forth in these Terms and Conditions.
(ii) Lack of availability or interruption regarding the operation of the Digital Service.
(iii) Failures or errors in the operation of the Digital Service.
(iv) Computer attacks (viruses, malware, hacking, etc.) or unauthorized alterations to the Digital Service.
Likewise, PROMPERU shall not be liable for damages of any nature that may be due to the transmission, dissemination, storage, availability, reception, obtaining or access to the Content, and in particular, but not exclusively, for damages caused by:
(i) Failure to comply with the law, public order, morality and good customs as a result of the transmission, dissemination, storage, availability, reception, obtaining or access to the Content.
(ii) Infringement of intellectual property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and personal image, property rights and any other rights belonging to a third party as a result of the transmission, dissemination, storage, availability, receipt, obtaining or access to the Content.
(iii) The performance of acts of unfair competition and misleading advertising as a result of the transmission, dissemination, storage, availability, receiving, obtaining or accessing the Content.
(iv) The lack of truthfulness, accuracy, completeness, relevance and/or actuality of the Content.
(v) The unsuitability for any kind of purpose and the disappointment of the expectations generated by the Content.
(vi) The vices and defects of the Content transmitted, disseminated, stored, availability or accessed through the Digital Service.
(vii) PROMPERU will periodically and/or when it deems convenient, carry out sweepstakes/prizes among its active users, who may win travel packages or excursions, land tickets, merchandising, among others. In this sense, certain specific rules for each contest will be applied.
PROMPERU reserves the right to refuse or withdraw access to the Digital Service, at any time and without prior notice to those Users who do not comply with these Terms and Conditions.
PROMPERU is headquartered in Lima, Peru. All legal matters arising out of or related to the Digital Service shall be governed by and construed in accordance with Peruvian law. The User agrees to submit to the jurisdiction of the Peruvian courts in any legal process or action. If any provision of this agreement is declared invalid or unenforceable by any relevant authority, the invalidation of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
The Commission for the Promotion of Peruvian Exports and Tourism, hereinafter PROMPERU, respects the legislation in force on the protection of personal data, the privacy of citizens, the secrecy and security of information concerning individuals, in accordance with the provisions of article 2, paragraph 6, of the Political Constitution and the provisions of Law No. 29733, Law on the Protection of Personal Data, and its regulations approved by Supreme Decree No. 003-2013-JUS, adopting the necessary technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access and theft of the personal data provided, taking into account the state of technology, the nature of the data and the risks to which they are exposed.
The purpose of this Policy is to establish the necessary provisions to guarantee the security of the information contained in the databases (database) of PROMPERU, based on compliance with this personal data policy.
This Policy is mandatory for all users who manage information through the different web portals or websites of PROMPERU.
3.1. Law No. 28493, Law Regulating the Use of Unsolicited Commercial E-Mail (SPAM), and its Regulations approved by Supreme Decree No. 031-2005-MTC.
3.2. Ministerial Resolution No. 246-2007-PCM approving the mandatory use of NTP-ISO/IEC 17799-2007 EDI Information Technology "Code of Good Practices for Information Security Management". 2nd Edition in all the member entities of the National Computer System, of August 22, 2007.
3.3. Law No. 27291, Law amending the Civil Code allowing the use of electronic means for the communication of the expression of will and the use of electronic signatures.
3.4. Chief Resolution No. 088-2003-INEI approving Directive No. 005-2003-INEI/DTNP – "Rules for the use of the E-mail Service in Public Administration entities".
3.5. Law No. 27815, Law on the Code of Ethics of the Public Service, and its Regulations approved by Supreme Decree No. 033-2005-PCM and amendment.
In PROMPERU, we are aware of the high consideration that the privacy of citizens, collaborators and all those people who are interested in our products and services has. For this reason, in accordance with the provisions of Law No. 29733, Law on the Protection of Personal Data and / or its regulatory, complementary, amending, substitute and other applicable provisions (hereinafter, "The Law"), we are committed to respecting your privacy and protecting the confidentiality of your personal data. The purpose of this notice is to publicize the way in which the personal data that we access in the exercise of our functions and activities are collected, processed and protected.
These conditions constitute a complete agreement between the user and PROMPERU regarding the use of this Portal, and prevails and replaces other communications, agreements or verbal or written proposals between the user and the Portal regarding only the subject in question.
Processing of personal data means any operation or technical procedure, automated or not, that allows the collection, recording, organization, storage, conservation, processing, modification, consultation, use, blocking, suspension, communication by transfer or dissemination, or any other form of processing that facilitates access, correlation or interconnection of personal data.
The personal data collected by PROMPERU, through its various platforms and channels, may be processed, as applicable, to carry out the purposes inherent in the activity of the organization, such as:
? Promotion of Exports through digital media.
? Promotion of Tourism through digital media.
? Attention to requests for use of the Peru Country Brand.
? Contactability for the acquittal of queries and claims.
? Information provision services.
? Participation in events, sweepstakes and promotions.
? Visitor control.
? Personalize/enhance your experience on our platforms.
Personal data are collected for the purposes set out above and will not extend to another purpose that has not been unequivocally established as such at the time of collection, excluding cases of activities of historical, statistical or scientific value, when a dissociation or anonymization procedure is used.
PROMPERU will process personal data obtained with the prior, express and informed consent of the owner of the personal data. It is the responsibility of the owner of the personal data, to read this Privacy Notice carefully, because, by accepting it, you grant consent for the processing of the data for the purposes set out.
The personal data provided will not be sent to third parties outside PROMPERU, unless it is a third party in charge of the treatment, as indicated in paragraph 10 of article 2 of Law No. 29733, under conditions of security and confidentiality of the information; or when by mandate of the Law or judicial resolution, PROMPERU is obliged to communicate such information to public entities, judicial and / or police authorities or other legitimated third parties.
In compliance with current regulations, PROMPERU adopts the necessary and appropriate technical measures to maintain the security of personal data, in order to avoid its alteration, loss, treatment or unauthorized access that may affect the integrity, confidentiality and availability of personal data.
In order to personalize/improve the experience of users of our web platforms, PROMPERU may use cookies, web beacons, or similar data collection technologies. The information collected in this process includes, but is not limited to:
? The IP address of a user (e.g., yahoo.com – 192.168.1.1).
? The type of web browser (e.g., Microsoft Internet Explorer) and operating system (e.g., Windows).
? The pages of the site that a user visits.
? Other websites that a user has visited before visiting ours.
Cookies are small text files located in the browser directory of your computer or mobile device. When you visit a website, information is sent to the browser which then creates the cookie. Each time you revisit the same website, the information stored in the cookie is accessed.
Cookies do not collect or contain your name or e-mail address. In addition, the user will have the option to deactivate them through the configuration of the browser. It should be noted that by disabling cookies, you may not be able to use some custom features of our web platform.
Web beacons are 1 x 1, single-pixel graphics that allow you to count the number of users who have visited a particular web site, or obtained access to certain cookies. We may use web beacons to count users, as well as to recognize them, when accessing our cookies. Like cookies, web beacons do not collect, nor do they contain your name or e-mail address.
In the scenario to facilitate your registration to our web platforms, you use a Social Network account (E.g., Facebook, Twitter), it is important to note that PROMPERU will be able to access the data that you have provided in these services, including information about your contacts. Your decision to use the services of Social Networks is always voluntary; however, you must ensure your agreement with the information that may be available to us by reading the privacy policies of these services.
In Peru, Law No. 29733 on the Protection of Personal Data defines the cross-border flow of data as "the transfer to a recipient located in another country, regardless of the medium in which are located, the means by which it is carried out or the processing received by the personal data" (Article 2, subparagraph 8). And it also defines what is the sufficient level of protection for personal data, indicating, in Article 2 subparagraph 10, that it is “the level of protection covering at least the provision and respect for the guiding principles of this Law, as well as technical security and confidentiality measures, appropriate according to the category of data concerned”. however, in this portal the personal data provided will not be sent to foreign territory, so the article in question would not be applicable.
In accordance with the Law, the owner of personal data may exercise the rights of access, rectification, cancellation and opposition, sending his/her request by e-mail to [email protected]