This Privacy Policy is intended to inform you about how OTORONGO NEGRO E.I.R.L. (hereinafter referred to as “Otorongo Negro”), with R.U.C. N° 20604716595, located at Calle Horacio Urteaga 502, Jesús María, Lima, processes Personal Data collected from its Users through questionnaires and written consents obtained through the completion of electronic forms on the website https://golfdesanisidro.com/ (hereinafter referred to as the “Website”).
For the purposes of this Privacy Policy, any reference to “we” is understood to refer to Otorongo Negro, and when referring to the “User,” it includes all individuals who browse, use, and/or make purchases through the KOM Digital Agency website. At Otorongo Negro SAC, we ensure the maximum security and protection of the Personal Data belonging to our Users.
We kindly ask you to read this Privacy Policy before voluntarily providing us with your personal data, and if you agree, please check the acceptance box prior to doing so. This data is necessary to fulfill the purposes described in this Privacy Policy; therefore, not allowing its processing would prevent us from fulfilling them.
Legal Framework and Guiding Principles:
This Privacy Policy is governed by Peruvian legislation, specifically:
Law No. 29733 (hereinafter referred to as the “Law”). Supreme Decree No. 003-2013-JUS, which approves the Regulation of Law No. 29733 (hereinafter referred to as the “Regulation”). Information Security Directive, approved by Directorate Resolution No. 019-2013-JUS/DGPDP (hereinafter referred to as the “Directive”). Law No. 29571, Consumer Protection and Defense Code.
What Information Do We Collect?
Otorongo Negro collects the following information:
A. Personal data voluntarily provided by the User at the time of registration, creating an account, and making a purchase. When the User registers to make a purchase through the KOM Digital Agency website, they must complete forms that request their name, last name, ID number/CE, date of birth, gender, cell phone number, landline number, home address, and email address.
B. Information collected when the User uses the KOM Digital Agency website, including (i) information about the User’s activities while browsing and using the website, such as user behavior and usage habits, search history, and User purchases; (ii) the URL from which the User originates (including those external to the website); (iii) the most visited URLs by the User (including those external to the website); (iv) IP addresses; (v) the User’s web browser; (vi) information about operational aspects of the KOM Digital Agency website, such as navigation analysis and statistics, traffic, among others; (vii) information about the User’s mobile phone model and mobile operating system; (viii) information that allows the creation of a search terms report; (ix) User location, among others (hereinafter referred to as “Usage Information”).
Regarding the Accuracy of Personal Data:
The User declares that the Personal Data provided are true, complete, and accurate. Each User is responsible for the truth, accuracy, validity, and authenticity of the Personal Data provided and agrees to keep them duly updated. Notwithstanding the foregoing, the User authorizes Otorongo Negro to verify the accuracy of the Personal Data provided through information obtained from publicly accessible sources or entities specialized in providing such information. Otorongo Negro is not responsible for the accuracy of information not created by itself, and therefore, it assumes no responsibility for any damages or losses that may arise from the use of such information.
Otorongo Negro’s Data Bank:
The User expressly consents to the inclusion of their information in the “Hola KOM” database, duly stored and safeguarded on our hosting servers owned by Otorongo Negro.
How Do We Use User Information?
User Information is used for the following purposes:
To handle User registration and provide technical support. To verify and validate the User’s identity. To collect information about the activities carried out by the User while browsing the platform and making purchases, in order to offer personalized content based on their interests and needs. For example, the User may access their purchase history. To use Personal Data to provide our services. To transfer User Information to companies that provide cloud-based infrastructure services abroad. Currently, Otorongo Negro contracts the services of Hostinger International Ltd., located in the United States, in order to host, store, and process User Information. It should be noted that such processing is necessary for the performance of Otorongo Negro’s contractual relationship with the User and is therefore essential to provide Otorongo Negro’s service. The User expressly states that they have been duly informed of all the aforementioned purposes. Likewise, by accepting this Privacy Policy, the User authorizes and grants their consent, in advance, freely, expressly, unequivocally, and free of charge, for the processing of their Personal Data and the inclusion of their information in the aforementioned Data Bank owned by Otorongo Negro. In case the User does not accept the additional processing of their personal data described in a separate document, this will not affect the provision of the contracted service. Likewise, the User acknowledges and accepts that any processing of User Information that is necessary for the performance of the contractual relationship between the User and Otorongo Negro does not require their consent and only requires notification to the User.
How Do We Protect User Information?
Otorongo Negro takes the necessary security measures to ensure the protection of User information and prevent its alteration, loss, treatment, and/or unauthorized access, taking into account the state of the art, the nature of the stored data, and the risks to which they are exposed. In this regard, Otorongo Negro will use industry standards for the protection of User information confidentiality and declares that it uses various security measures to prevent unauthorized access. However, Otorongo Negro is not responsible for illegal interceptions or violations of its systems or databases by unauthorized persons, as well as for the improper use of information obtained through these means or for any unauthorized intrusion beyond Otorongo Negro’s control and due diligence. Otorongo Negro is also not responsible for possible damages or losses that may arise from interceptions, omissions, interruptions, computer viruses, telephone breakdowns, or disconnections in the operation of this electronic system, caused by causes beyond Otorongo Negro’s control and that could not have been avoided with due diligence; delays or blockages in the use of the computer platform caused by deficiencies or overloads in the Data Processing Center, the Internet system, or other electronic systems.
Disclosure:
Otorongo Negro undertakes not to disclose or share User Personal Data without the User’s proper consent, except in the following cases:
Requests for information from public authorities in the exercise of their functions and within the scope of their competencies. Requests for information pursuant to court orders. Requests for information pursuant to legal provisions.
Cookies:
The KOM Digital Agency website uses cookies. A “Cookie” is a small text file that a website stores in the User’s browser. Cookies facilitate the use and navigation of a website and are essential for the proper functioning of the Internet, providing numerous advantages in the provision of interactive services. Through cookies, websites and mobile applications can use information about your visit to perform evaluations and statistical calculations on anonymous data, as well as to ensure the continuity of the service or to make improvements. Likewise, the information obtained through cookies is also used to analyze the User’s browsing habits and searches, in order to improve their business and promotional initiatives by displaying advertising that may be of interest to them and personalizing content. Cookies can be deleted from the hard drive if the User wishes. Most browsers accept cookies automatically but allow the User to change their browser settings to reject the installation of cookies without affecting their access and navigation.
In the event that the KOM Digital Agency website contains links or hyperlinks that redirect you to other places on the Internet, owned by third parties that use cookies; Otorongo Negro is not responsible for the use of cookies by such third parties.
Scope and Conservation Period:
This Privacy Policy will apply to the processing of User personal data contained in the respective databases that store them, as long as their cancellation is not requested by the data subject in compliance with the Law.
Rights of Access, Rectification, Cancellation, and Opposition:
Otorongo Negro informs the User that the rights of access, rectification, opposition, and cancellation of User Information, as well as the other rights granted by data protection legislation, can be exercised by sending a request to: [email protected]
Without prejudice to the above, Otorongo Negro may retain certain User Information from those who request deletion in order to serve as evidence in the event of a claim against Otorongo Negro for liabilities arising from the processing of such information, but no further processing of the data will be carried out beyond secure storage. The duration of such retention may not exceed the legal prescription period for such liabilities.
Age of Consent:
By providing their personal data to Otorongo Negro, the User declares that they are at least eighteen years old or the legal guardian of a minor to validly grant consent in accordance with the Law. Otorongo Negro will not voluntarily process Personal Data relating to minors, unless the appropriate consent is provided in accordance with applicable regulations. In the event that it is known that the Personal Data collected belong to a minor without the authorization of their legal guardian, appropriate measures will be taken to delete them.
Assignment of Contractual Position:
The User expressly authorizes the assignment of this Policy and their information in favor of any person who (i) is bound by this Policy and/or (ii) is the new holder of the database containing User Information. After the assignment has taken place, Otorongo Negro will have no responsibility for any events occurring after the date of the assignment. The new database holder will assume all the obligations established in this Policy regarding the processing, safeguarding, and conservation of the information detailed above.
Modifications to the Privacy Policy:
Otorongo Negro expressly reserves the right to modify, update, or supplement this Privacy Policy at any time. Any modification, update, or expansion made to this Privacy Policy will be immediately published on the KOM Digital Agency website, so the User will be informed of what information we collect and under what circumstances, and their consent will be requested again upon accessing these services.
Last Updated: June 1, 2023.
