PRIVACY POLICIES
I. OBJECTIVE OF THIS POLICY
The purpose of this policy is to make known the way in which PERU ANDES TOP E.I.R.L (hereinafter “Peru Andes Top”) protects and processes the personal data of clients, passengers, suppliers, tourism operators, travel agencies and collaborators, from its collection through the different channels, whether physical or digital, for the purposes duly communicated.
II. GENERAL INFORMATION
Peru Andes Top is a company that provides individual and collective travel services, organizes tours and excursions, obtains accommodation and carries out any other activity directly related to tourism. For this purpose, information is collected, used, managed, transferred, stored and processed, which may be associated with information belonging to natural persons in the development of their activities. Being, for example: name, identity document, telephone number, email address, country of residence, among others through various physical and digital formats.
Peru Andes Top, in accordance with Peruvian Law No. 29733 – Personal Data Protection Law – and its Regulation No. 003-2013-JUS; as well as the General Data Protection Regulation GDPR (EU 2016/679), is committed to guaranteeing and adopting measures for the security of information through best international practices, taking into account the confidentiality, integrity and availability of data. of a personal nature provided.
III. DEFINITIONS
Data controller: is the natural or legal person who, alone or together with others, determines the purposes and means of the processing of personal data; That is, Peru Andes Top will be responsible for the personal data obtained through its various collection channels and provided by Peru Andes Top users.
Personal data: is all information about an identified or identifiable natural person (the user), such as name, ID, passport, location data or one or more elements of physical, physiological, genetic, mental identity. , economic, cultural or social of one.
Treatment: would be any operation or set of operations carried out on personal data or sets of personal data (automated or not) such as collection, registration, organization, modification, consultation, use, dissemination or any other form of access authorization, collation or interconnection, limitation, deletion or destruction of personal data.
Right of access: it is the User's right to know what data Peru Andes Top is processing and obtain a copy of it.
Right to rectification: it is the user's right to update, rectify and/or correct their personal data.
Right to object: it is the user's right to oppose at all times the processing of their personal data by Peru Andes Top.
Right to cancellation ("right to be forgotten"): is the user's right to request the deletion of their data in any document, file or place where they are accessible.
Right to limit processing: it is the user's right to demand that the processing of their data be limited when any of the circumstances established in the legislation occur, such as illegal processing of the data or that Peru Andes Top no longer uses it. need.
Right to data portability: it is the right of the user to receive the personal data that concerns him, that he has provided to Peru Andes Top, in a structured, commonly used and machine-readable format, and to transmit it to another person responsible for the treatment without that can prevent it.
Right not to be subject to individualized decisions: it is the right of the user not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects on them or significantly affects them in a similar way.
IV. CONSENT AND LEGITIMIZATION OF TREATMENT
Peru Andes Top processes user data:
(i) When they expressly give their consent for the processing of their personal data for the purposes detailed in this document.
(ii) When the treatment is necessary for the execution of a contract for the provision of services and products to which the user is a party.
V. PERSONAL DATA SUBJECT OF TREATMENT AND SCOPE
This policy is directed to the personal data corresponding to clients, passengers, suppliers, tourism operators, travel agencies and collaborators, provided by themselves, using their freedom, voluntarily and consciously. The information collected and stored includes basic data entered through registration, contact or other similar forms; such as, for example, name, ID, passport, gender, age, telephone number, email address, country of residence, among others, data collected through the various channels that the company manages, necessary for the provision of Peru Andes Top tourist services. In any case, users will be able to see which are essential for the correct provision of the service and which will be accessory before sending their personal data.
The user will be solely responsible for the veracity and accuracy of the data provided. Only those over 18 years of age and/or those with sufficient legal capacity may be users. Likewise, the user will be solely responsible for the data provided by third parties, as well as ensuring that they have been informed of this Privacy Policy and have obtained their express consent.
SAW. GUIDING PRINCIPLES
Peru Andes Top will take into account the following principles in the process of processing personal data.
to. Principle of Legality: The processing of personal data in terms of Law 29733 is a regulated activity that must be subject to the provisions of the aforementioned standard, and the other provisions that regulate it. The collection of personal data by fraudulent, unfair or illicit means is prohibited.
b. Principle of Consent: In accordance with the principle of consent, the processing of personal data is lawful when the owner of the personal data has given their free, prior, express, informed and unequivocal consent. Forms of consent in which this is not expressed directly are not admitted, such as those in which it is required to presume, or assume the existence of a will that has not been expressed. Even the consent given with other statements must be expressed expressly and
c. Principle of Purpose: In accordance with the principle of purpose, a purpose is considered to be determined when it has been expressed clearly, without room for confusion and when the purpose of the processing of personal data is objectively specified. In the case of a personal data bank that contains sensitive data, its creation can only be justified if its purpose, in addition to being legitimate, is specific and in accordance with the activities or explicit purposes of the owner of the data bank. The professionals who process any personal data , in addition to being limited by the purpose of their services, are obliged to maintain professional secrecy.
d. Quality Principle: The personal data that will be processed must be true, accurate and, to the extent possible, updated, necessary, relevant and appropriate with respect to the purpose for which they were collected. They must be kept in a way that guarantees their security and only for the time necessary to fulfill the purpose of the treatment.
and. Principle of Proportionality: All processing of personal data must be adequate, relevant and not excessive to the purpose for which it was collected.
F. Security Principle: The owner of the personal data bank and the person in charge of its processing must adopt the necessary technical, organizational and legal measures to guarantee the security of personal data. Security measures must be appropriate and consistent with the processing to be carried out and the category of personal data in question.
g. Principle of Disposition of Recourse: Every owner of personal data must have the necessary administrative or jurisdictional means to claim and enforce his rights, when these are violated by the processing of his personal data.
h. Principle of Adequate Level of Protection: For the border flow of personal data, a sufficient level of protection must be guaranteed for the personal data to be processed or, at least, comparable to that provided by the Law or by international standards in The matter.
VII. PURPOSES OF PERSONAL DATA
Peru Andes Top will use the personal data provided by users for the following purposes:
Passengers:
Comply with the objective of providing the contracted tourism services and products.
Contact the client (travel agencies, companies and individuals) during the provision of the contracted services and products.
Facilitate coordination with suppliers, travel agencies, and hotels.
Send clients information related to the nature of the service and/or provisions of mandatory knowledge and compliance during the service, for example, contract conditions, tax compliance and/or other conditions within which internal company policies could be included. .
To respond to doubts, queries and requests.
Support the settlements of the Non-Domiciled Value Added Tax before the Tax Authorities, through Passport and Andean Migration Card (TAM) information, among others.
Analyze and identify the expectations and preferences of travel agencies to purchase tickets and services.
Workers and collaborators:
The company will request personal information from its workers to comply with current labor regulatory requirements and/or the development of projects related to Human Resources and Talent Management such as payroll registration, personnel assistance, personnel selection, payment of commissions, among others. others.
Security in facilities through video surveillance.
Comply with the policy and procedures of the Money Laundering and Terrorist Financing Prevention Policy.
Tourism Operators and Suppliers:
Be able to manage the payment of the requested services and products.
To contact about the provision of contracted services and products.
Security in facilities through video surveillance.
VIII. RIGHTS OF THE OWNERS
The owner of the personal data will have the following rights:
to. The rights of information, access, rectification, cancellation, opposition and objective processing of personal data can only be exercised by the owner of personal data, without prejudice to the rules that regulate representation.
b. The exercise of one or some of the rights does not exclude the possibility of exercising one or some of the others, nor can it be understood as a prerequisite for the exercise of any of them.
c. Know, update and rectify your personal data in front of Peru Andes Top or in front of the designated data processor. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or data whose processing is expressly prohibited or has not been authorized.
d. Be informed by Peru Andes Top or by the designated data processor, upon request, regarding the use that has been given to your personal data.
and. Revoke the authorization and/or request the deletion of the data when the processing does not respect constitutional and legal principles, rights and guarantees. The revocation and/or deletion will proceed when the National Authority for the Protection of Personal Data has determined that in the processing Peru Andes Top or the designated data processor have engaged in conduct contrary to Law 29733 and the Constitution.
F. Access free of charge, under the conditions defined in this document, to your personal data that has been processed.
IX. CONDITIONS FOR DATA PROCESSING
to. Authorization of the Owner:
For Peru Andes Top to carry out any action to process personal data, the prior and informed authorization of the owner is required, which must be obtained by any means that can be subject to subsequent consultation. These mechanisms may be predetermined through technical means that facilitate the owner's automated manifestation of this or they may be in writing or orally. Peru Andes Top will adopt the necessary procedures to request, no later than at the time of data collection, the authorization of the Owner for the processing of the same and will inform the personal data that will be collected, as well as all the specific purposes of the treatment to which consent is obtained.
Personal data found in publicly accessible sources may be processed by Peru Andes Top as long as they are public data by nature. In the event of substantial changes to the content of the data processing policies of Peru Andes Top, in relation to the identification of the person responsible and the purpose of the processing of personal data, which affect the content of the authorization, Peru Andes Top will communicate these changes to the owners, sooner or later at the time of implementing the new policies, and will also obtain a new authorization from the Owner when the change refers to the purpose of the treatment. For the communication of changes and authorization, technical means may be used to facilitate said activity.
b. Cases in which authorization is not necessary:
Information required by a public or administrative entity in the exercise of its legal functions or by court order.
Public data.
Medical or health emergency cases.
Processing of information authorized by Law for historical, statistical or scientific purposes.
Data related to the Civil Registry of people.
c. Information Supply:
The information requested by the owner will be provided by Peru Andes Top in the same way as the request was formulated.
d. Duty to Inform the Owner.
Peru Andes Top, when requesting authorization from the owner, must clearly and expressly inform the owner of the following:
The processing to which your personal data will be subjected and the purpose thereof.
The optional nature of the response to the questions asked, when they relate to sensitive data or the data of children and adolescents.
The rights that assist you as the owner.
The identification, physical or electronic address and telephone number of the person responsible for the treatment.
and. Revocation of authorization and/or deletion of data:
The owners may at any time request Peru Andes Top to delete their personal data and/or revoke the authorization granted for their processing, by submitting a request, in accordance with the provisions of Law 29733 of 2011 and the regulation DS No. 003-2013-JUS of 2013.
The request for deletion of information and revocation of authorization will not proceed when the owner has a contractual duty to remain in the Peru Andes Top database.
F. People to whom information may be provided:
The information about the personal data that has been the subject of processing by Peru Andes Top may be provided to the
To the owners, their successors or their legal representatives.
To public or administrative entities in the exercise of their legal functions or by court order.
To third parties authorized by the owner or by law.
X SECURITY OF PERSONAL DATA
Peru Andes Top complies with the legally required personal data protection measures and has adopted reasonably required measures in accordance with current technical knowledge and good practices for the custody and management of information in order to avoid loss, misuse, alteration, illegitimate intrusion and theft of personal data provided by users.
XI PROCEDURES
The owner or his successors have the right to submit queries and/or claims to Peru Andes Top, after verification of their identity, through written means addressed to the following address at any time, withdraw their consent for the processing of the data. of a personal nature and/or you may exercise your rights of access, information, rectification, opposition, deletion, limitation, oblivion, portability and not to be subject to individualized decisions, by writing to Peru Andes Top with the reference "PERSONAL DATA" to the following addresses:
Physical Address: Urb. San Borja Jr. Ancash Mz. B Lot 20
Email: info@peruandestop.com
Peru Andes Top will respond to the query and/or claim by the same means that was formulated:
a) INQUIRIES (ACCESS/INFORMATION)
The Owners or their successors may consult the personal information of the Owner that resides in the database of Peru Andes Top, who will provide the applicant with all the information contained in its databases, linked to the identification of the Owner.
The owner may consult his/her personal data free of charge whenever there are substantial modifications to the Data Processing Policies of Peru Andes Top.
Any query will be responded to by the same means that was formulated within 5 business days following its presentation. To fulfill this right, the Owner or his successor in title must present the Access form, which is found in the Annex to this policy.
b) CLAIMS (REQUESTS / PETITIONS)
The Owner or his successors who consider that the information contained in a database should be subject to rectification, cancellation or opposition, or when they notice the alleged breach of any of the duties contained in Law 29733 of 2011, may submit a request to the Owner of the Personal Data Bank or the person responsible for the Treatment of Peru Andes Top. To fulfill these rights, the Owner or his successor in title must present the respective form, which is found in the Annex to this policy.
XII DUTIES OF GETTRIP VACATION IN DATA PROCESSING
Guarantee to the Holder, at all times, the full and effective exercise of the right of habeas data.
Request and keep, under the conditions provided for in the Law, a copy of the respective authorization granted by the owner.
Duly inform the Owner about the purpose of the collection and the rights granted to him by virtue of the authorization granted.
Take measures aimed at preserving the information under security conditions to prevent its adulteration, loss, consultation, unauthorized or fraudulent use or access.
Take measures so that the information provided to the Data Processor is true, complete, exact, updated, verifiable and understandable.
Update the information, communicating in a timely manner to the Data Processor, all the news regarding the data that you have previously provided and adopt the other necessary measures so that the information provided to it remains updated.
Rectify the information when it is incorrect and communicate the pertinent information to the Data Processor.
Provide the Data Processor, as the case may be, only data whose Processing is previously authorized in accordance with the provisions of the law.
Demand that the Data Processor at all times respect the security and privacy conditions of the owner's information.
Process queries and claims made in the terms indicated in the law.
Adopt an internal manual of policies and procedures to guarantee adequate compliance with this law and, especially, to respond to queries and complaints.
Inform the Data Processor when certain information is under discussion by the Owner, once the claim has been submitted and the respective process has not been completed.
Inform at the request of the Owner about the use given to their data.
Inform the National Authority for the Protection of Personal Data when violations of security policies occur and there are risks in the administration of the owners' information.
Comply with the instructions and requirements issued by the National Authority for the Protection of Personal Data.
XIII SECURITY MEASURES
Peru Andes Top takes all reasonable precautions and technical, administrative and organizational measures in order to guarantee the security of the personal data of the Owners, mainly those intended to prevent its alteration, loss and unauthorized treatment or access.
The application of security measures is intended to ensure the conservation, confidentiality, integrity, and availability of data.
The security guidelines of Peru Andes Top are supported by the information security policies of Peru Andes Top built under the best practices and existing security standards and in compliance with current regulations.
These policies are strictly complied with by direct and indirect officials who carry out work within Peru Andes Top.
XV CONCERVATION OF DATA.
The periods of conservation of users' personal data by Peru Andes Top will be different depending on the purpose of the treatment, therefore the data will be kept as long as a contractual relationship for the provision of products and services between the companies is in force. Peru Andes Top and the users and/or as long as the users do not request the deletion of personal data from Peru Andes Top. Likewise, users understand and accept that certain personal data must be kept by Peru Andes Top by legal regulations and according to the deadlines established in the legislation.
XVI MODIFICATIONS IN THE POLICY
Peru Andes Top may make changes and update this policy based on new developments or legislative, jurisprudential requirements and/or needs of the institution, among others; Therefore, users are recommended to review this policy regularly and/or each time they access the company's website.