PRIVACY POLICIES
- Preliminary background. By using our website (www.dkplatam.com), hereinafter, the “Web” or our application (DKP®) for mobile devices, hereinafter, the “App”, you, as a user, entrust us with your information. Through this privacy policy, the “Policy”, we inform our users how we treat their personal information. Please take sufficient time to read this Policy carefully and understand its content. If our website or our App contains, or will contain, links that lead to the website of another local or foreign provider, our Policy does not apply to the website to which it is referred, and the privacy policy of the web page to which it is referred directly or indirectly from our website or from our App. It is understood that DKP LATAM, SA, hereinafter, (DKP®), will not have any responsibility for the use of the web page to which it is return address give you the information. This Policy applies to all users of our Website or our App. By agreeing to use the App or the Website, you expressly grant your consent to this Policy, authorize and consent to the collection, processing, use and treatment of your personal data on our part, in accordance with current regulations. Users guarantee and respond, in any case, to the veracity, accuracy, validity and authenticity of the personal information provided, and undertake to keep it duly updated.
- Principles of our policy. DKP® and its affiliated or allied companies by subordination or control ties in Panama or in a different jurisdiction or territory (hereinafter the “Affiliated Companies”, in the treatment of their users’ information, respects and will respect their rights, applying and guaranteeing the following principles of our Policy:
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- Loyalty: The collection of information will be done without deception, falsehood or fraudulent, unfair or illegal means.
- Legality: In the treatment of the information, the current and applicable provisions will be applied, which govern the treatment of the same and other related fundamental rights, including the contractual provisions agreed with the users.
- Lawfulness: The processing of personal data will only be carried out with the prior, express and informed consent of the user. Personal data that does not have the character of public data may not be obtained or disclosed without prior authorization, or in the absence of a legal, statutory, or judicial mandate that relieves consent.
- Purpose: The treatment of information that does not have the character of public data, to which it has access and is supplied and collected by DKP®, will be subordinate and will serve a legitimate purpose, which will be informed to the respective user of said information.
- Veracity or Quality: The protected information, subject to treatment, must be truthful, complete, exact, updated and understandable. DKP® will not be liable to the user, or to any other entity, public or private, regarding the processing of data or partial, incomplete or fractional or misleading information, provided by the user, or if said information has been delivered or disclosed by the User declaring or guaranteeing, in any way, its veracity or quality.
- Transparency: In the treatment of protected information, the right of the user to obtain from DKP®, at any time and without restrictions, information about the existence of any type of protected information that is their property will be guaranteed.
- Portability: The owner of the information has the right to obtain from DKP® a copy of personal data in a generic and commonly used format.
- Security: Protected information (particularly when it is “sensitive data” as said term is defined in Law 81 of 2019) under the Policy subject to treatment by DKP®, will be protected through the adoption of technological protection measures , protocols, and administrative measures that are necessary to grant security to electronic records and repositories, avoiding their adulteration, modification, loss, consultation, and in general against any unauthorized use or access.
- Confidentiality: Each and every one of the people who in DKP® administer, handle, manipulate, update or have access to protected information that is not public in nature, and is in information systems or databases of duly authorized third parties. , undertake to keep and keep it strictly confidential and not reveal to third parties all or any of the personal, commercial, accounting, technical, commercial or any other information supplied in the execution and exercise of their functions. DKP® and its Affiliated Companies for the treatment of protected information may use the information systems and databases owned by DKP® and / or its Affiliated Companies.
- Proportionality: DKP® will only request those data that are adequate, relevant and limited to the minimum necessary in relation to the purpose for which they are required.
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- Information that DKP® collects and specific use. The only person responsible for the management and safeguarding of the database is DKP®, with address at Av. Ricardo J. Alfaro, Plaza Aventura, 3rd floor, office 333, Panama City, Republic of Panama, and that the character data Personal information provided through the Portal, as well as those that may be provided in the future within the framework of your relationship with us, are transmitted to our servers located in the United States to be kept under their security. Next, we inform our users what data we collect, for what purposes and under what circumstances we share it with others.
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- Personal data that we collect when you visit our App. Personal data is information with which we can directly or indirectly relate our users, such as their name and surname, type of identification, identification number, address, telephone number, date of birth, location data or email address and all other information that you provide us.
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- When you visit our App to place your next order or inquiry, but do not register or place an order, we collect the following personal data:
TIPO DE INFORMACIÓN EXPLICACIÓN Information about the device from which you visit our website Identification of the device, operating system and / or other identifiers of the device, hardware. Connection information Time, date, duration of use of the website and origin. -
- If you not only visit the App, but also want to log in to see, for example, your order history, accumulated points, coupons and prizes won, as well as the menu available in your geographical location, in addition to the aforementioned data, we collect the following personal data:
TYPE OF INFORMATION EXPLANATION Login information Email address, username, password Communication information Comments, ratings and returns, general communications Other data Data or information that you voluntarily provide us while using the website, application or other sources such as social networks or other public databases. -
- Personal data that we collect when visiting our website, when registering and when placing orders:
In any of the aforementioned cases, please bear in mind that any information that you provide us as described above, DKP® will assume that it is your personal information, and therefore, it is understood if you provide us with personal information of another person, DKP ® will not be responsible for obtaining the prior consent of that other person to process said personal data according to these Privacy Policies, which in any case will be attributable to you exclusively for making use and processing of personal data of third parties, understanding in all when, with respect to said data, you are the only person responsible for the treatment.TYPE OF INFORMATION EXPLANATION Account info This information may include the full name, address, date of birth, telephone number, email, payment information (including linked payment verification information), identity document or number of identification documents before public bodies, number of partner in programs of promotions associated with DKP®, profile photo. Location If the user gives permission to process their location data, we collect such accurate or approximate information through data such as GPS, IP address and Wi-Fi. This information is collected when DKP® works in the foreground and/or when it is in the background if the user gave permission to do so on their mobile device or in the DKP® settings. Login information Email and password. Information about the device from which you visit our website Identification of the device, operating system and / or other identifiers of the device, hardware. Connection information Time, date, duration of use of the website and origin. Communication information Comments, ratings and returns, general communications. Orders history Information about the type of service you request, the type of order you place, the order detail, delivery information, the date and time the order is placed, the price and the payment method. Other data Data or information that you voluntarily provide us while using the website, application or other sources such as social networks or other public databases. - Use of users’ personal data
ONLINE PAYMENT GATEWAY In DKP® you must make the payment of your orders online and in doing so the following terms and conditions apply.Information about the device from which you visit our website At DKP® we use your information to be able to personalize, maintain and improve the provision of the services we offer to our users, as well as to carry out the following activities: - Manage the website.
- Create and update your account.
- Verify your profile.
- Improve your browsing experience by customizing the App.
- Enable you to use the services available in the App.
- Send you communications and general commercial promotions.
- Make comments and evaluations of the Affiliated Companies, their offer and products.
- Process and pay for orders.
- Check the route of the order to verify its delivery.
- Activate features to personalize your account.
Customer Service and Support When the user contacts our Customer Service and Support to obtain information or to file a complaint, we store the information that the user provides us. As an example: the reason for contacting us or in which delivery something was missing. Depending on the reason for the contact, the personal data may vary. As we want to improve our service to you, we store the communication in your account. This way we can answer your questions more quickly. Protection and security: We use your personal data to maintain the protection, security and integrity of our services and users. We also use the information to prevent fraud. Investigation and development: We may use the information we collect to test, research, analyze and develop products. This allows us to improve in terms of security and we can develop new functions or services. Advertising We can send you emails, SMS, notifications or make calls to your mobile, landline or any other device that is susceptible to receiving calls to offer you coupons, discounts and promotions, conduct surveys or opinion polls to improve our service and its quality. The user can object to the further processing of the data for advertising purposes with each email or in the settings in the App. Marketing We want to avoid uncontrolled advertising and marketing measures. Therefore, we select the offers that best suit your interests and we will contact you if we believe that the information may be of interest to you. You can object to the further processing of the data for advertising purposes with each email. DKP® may use the information to promote and process contests and sweepstakes, award ceremonies and offer you advertising and content related to our services and those of our commercial partners or affiliated businesses. Furthermore, DKP® may send you product samples. Legal proceedings or administrative requirements We may use your personal information in the event that it is required by a court order or administrative, regulatory, arbitration, administrative resolution, and in general when required by any government authority.
Entities that help us with the operation of the online payment gateway We make sure that all providers who may have access to your personal data act confidentially, loyally and in strict compliance with the applicable regulations on data protection. To this end, we require them to enter into specific and strict agreements with us that regulate their use of your personal data, for example, contracts for the transmission of personal data in which adequate security conditions are required for the processing of personal data.
Entities that provide data processing services At DKP® we turn to financial entities to execute and process the payments for the orders you make, and it is these who collect your credit or debit card information, as well as platforms such as Yappy and Nequi. Payment is made directly to the financial provider and the authorization or rejection of said payment will depend on the latter.
Information We Collect We collect certain information that is necessary for us to process payments. This information is: (1) full name; (2) your mobile phone number; (3) details about your transaction history; (4) bank information (issuer of the card and if it is debit or credit or payment platform if it is Yappy or if it is Nequi); (5) email address of the user with whom the order is placed; and (6) order delivery address. -
- Update of information. If your information changes or has been updated, you are solely responsible and must modify it in the App or on the Web. If you update and / or modify your personal data, DKP® will keep the previous personal information for security and fraud control reasons.
- With whom we share your personal data During the exercise of its own activities, DKP® uses, transmits or transfers your personal data, it will guarantee compliance with the applicable principles established in Section 2 of this Policy, as well as the applicable regulations. You hereby explicitly consent to the transfer of personal data by DKP®, which includes the transfer of “sensitive data” as defined by Law 81 of 2019. Specifically, DKP®, in the ordinary course of its business, may incorporate the information that you provide us within the information systems. DKP®, as data controller, guarantees that the information systems fully comply with the Policy. The user acknowledges with the acceptance of the Policy that, should a sale, merger, consolidation, change of corporate control, substantial transfer of assets occur , reorganization or liquidation of DKP®, DKP® may transfer, dispose of or assign personal information to one or more relevant parties, including Affiliated Companies.In the following section we indicate to whom we report your data and under what conditions, as well as to which countries we transfer them, which third parties have access to personal data
- DKP® Affiliated Companies. We may share data with our related companies to facilitate and improve the processing of our data on services. For example, in the North American Economic Area and Panama, DKP® processes and stores information on behalf of its affiliates.
- DKP® member businesses. The DKP® organization shares the strictly necessary data with member businesses so that member businesses can fulfill user orders.
- Service providers and businesses affiliated to DKP®. The DKP® organization can provide information to its suppliers, consultants, marketing partners, research companies and other service providers or business partners. As an example, DKP® may provide information to:
- Payment processors and facilitators.
- Cloud storage providers.
- Marketing partners and marketing platform providers.
- Data analysis providers.
- Research providers, including those implementing research studies or projects in collaboration with or on behalf of DKP®.
- Providers that help DKP® to improve the security of its apps.
- Transfer and delivery service providers affiliated with the DKP® organization.
- Consultants and other professional service providers
- Others. DKP® may share your information in a way other than that described in this Policy, if and only if, we notify you as a user and you expressly accept it.
- To which countries we transfer your data to. We process your data mainly within Panama, Venezuela and the North American Economic Area. This is due to the fact that some of our service providers are based in the United States, Panama and Venezuela. You hereby expressly consent for DKP® to keep your personal information for as long as it deems appropriate for the purposes indicated in this Policy, and even to transfer or communicate the data that relate to you after 7 years have elapsed since it is extinguish the legal obligation to keep it.
- Decisions based on automated processing. You expressly consent to be the subject of decisions based solely on the automated processing of your personal data, the purpose of which is to evaluate certain aspects of your personality, health status, job performance, credit, reliability, conduct. , characteristic or personality, among others.
- Your rights. DKP® is responsible for the database and the entity before which the rights provided may be exercised, duly proving its identity or representation. In accordance with said regulations, you may request, free of charge, access, rectification, updating, inclusion or modification, cancellation and any other action related to your personal information accordingly.
DKP® retains user and profile information for as long as you maintain your DKP® account.You have the right, free of charge, to access, update and delete your personal data, as well as to object to the processing of data. To manage and/or delete your personal data, you can enter our App or our website www.dkplatam.com and go to “My Profile” -> “Update” -> “My data”. Once the deletion of your personal data has been requested, DKP® will proceed with said request or will inform of the reasons why it deems it does not correspond within the period indicated in the regulations, and if there is no stipulation in this regard, within a period not exceeding 15 business days.
Once the procedure for deleting your personal data is completed, DKP® will not have any record of your personal data in its databases, leaving only the records of orders made by you for the sole purposes of fraud prevention analysis and statistics of the platform, without being associated with any account.
In addition, you may request your personal information that is available on the Web and / or the App to DKP®, which must be provided within a period of no more than 15 business days from the date of the request.
The data must be modified when they are erroneous, inaccurate, misleading or incomplete within a term of 5 business days following the request for modification. - Information about cookies. A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the server to identify and track the web browser. We will use both session cookies and persistent cookies only on our website. We will use session cookies to keep up with you as you use our App. For our part, we use persistent cookies to enable our website to recognize you when you visit our App. Session cookies will be removed from your computer when you close the web browser. Persistent cookies will remain stored on your computer until they are deleted, or until they reach a specified expiration date.
The information generated in relation to our website is used to create reports on the use of our site. Google will store this information. Google’s privacy policies are available at https://www.google.com/privacypolicy.html. Most web browsers authorize you to reject the acceptance of cookies. This is achieved through the configuration of each particular browser. This, however, will have a negative impact on the usability of various websites including our own. - Security of your personal information and Servers. All information collected in the App and on the Web, will be treated in compliance with the applicable regulations and the data will be used only for the purposes here consented or those that you consent from time to time. DKP® expresses its commitment to protect the security of users’ personal information. To that end, DKP® uses a wide variety of security technologies and procedures to protect personal information against unauthorized access, use, modification or disclosure. However, the transmission of data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. DKP® has no control over the privacy of communications while they are in transit to it. For the aforementioned, we recommend that you do not include confidential, secret, compromising information, sensitive data or sensitive personal information that you do not want to reveal in these communications (including emails). You are also responsible for keeping your password and user details confidential. You acknowledge and agree that, despite our best efforts, no data security measures can fully guarantee protection at all times.
- Changes to this privacy statement. DKP® reserves the right to make the modifications it deems appropriate and necessary in this Privacy Policy. If material changes are made to this Policy, we will inform you by electronic communication. Please refer to this statement frequently to be informed, permanently and up-to-date, of how DKP® protects the privacy of your information.
- Note on the use of the Web and the App by children. This site is not directed to children, and since we are very interested in protecting the privacy of children. Therefore, we do not wish to collect any information that personally identifies minors. If a child has provided us with personally identifiable information, the child’s parents and/or guardians should contact us through the contact indicated below. In case we learn that the data of a minor (under 18 years of age) has been provided to DKP®, we will delete said information as soon as possible.
- Final provisions. Both the App and the Web may contain links with references to other websites beyond our control. Please remember that we do not have any control or any type of interference over these websites and that our Policy does not apply to those sites. We recommend that you read the privacy policies and the terms and conditions of the connected or linked websites that you enter. No part of this Policy supposes the creation or addition of any right or claim, whether legal, equitable or otherwise, that any individual or person may have according to the law, or in any other way, against the company, third parties. , or their respective directors, delegates, employees, agents, affiliates or representatives; Neither the existence of this Policy or its application will impose or add any obligation or responsibility to any of those named, which they do not currently have according to the law of the Republic of Panama.
- Jurisdiction and Applicable Law. This Policy is governed without exception and in all its terms by the laws of the Republic of Panama and will be interpreted in accordance with them. Any controversy derived from this Policy, its existence, validity, interpretation, scope or compliance will be submitted to the ordinary courts of Justice with jurisdiction in Panama, expressly renouncing any other jurisdiction or jurisdiction.
- Consent. I give my consent for my personal data to be subject to data processing, as said term is defined in Law 81 of 2019, by DKP® and to be treated and transmitted by treatment managers located in the United States, Venezuela and Panama, so that they can use them for the purposes indicated in this Policy, including the possibility of sending me information about promotions, discounts and news related to DKP® via email or other means of communication. Likewise, I acknowledge with the acceptance of the Policy that, in the event of a sale, merger, consolidation, change of corporate control, substantial transfer of assets, reorganization or liquidation of DKP®, DKP® may transfer, dispose of or assign personal data to a or more relevant parties, including its Affiliated Companies.
