1.- Introduction
Below you will find the Privacy Policy of the website www.andeanfv.com (hereinafter, the “ Platform ”), which, in accordance with the Terms and Conditions and Cookie Policy, forms a contract between Andean Fruits And Vegs SAC, identified with RUC No. 20611710985 (hereinafter, “ Andean Fruits & Vegs ”) and the client and/or user (hereinafter, the “ User ”).
Andean Fruits & Vegs ensures the utmost confidentiality and protection of personal data that Users provide to us through the use of the Platform in order to use the services.
Objective and purpose
Andean Fruits & Vegs is aware of the high importance of the privacy of our Users and all those who are interested in the services offered.
In accordance with this principle, we are committed to respecting your privacy and protecting the confidentiality of your private information and personal data. Therefore, through this Privacy Policy, we inform our Users how the personal data provided to Andean Fruits & Vegs is collected, processed, and protected.
Private personal information does not include information that is available through publicly accessible sources. Such sources include electronic, optical, and other technological means of communication designed to provide information to the public and open to general consultation; telephone directories; newspapers and magazines; social media; professional directories; anonymized case law databases; Public Registries administered by the National Superintendency of Public Registries; and any other registry or database classified as public under the law, as well as information that must be provided by Public Administration entities in accordance with Law No. 27806, the Law on Transparency and Access to Public Information.
3.- Legislation
In accordance with Law No. 29733 – Personal Data Protection Law (hereinafter, the “ Law ”) and its Regulation, approved by Supreme Decree No. 003-2013-JUS, personal data is understood to be any information about a natural person that identifies or makes him identifiable through means that can be reasonably used.
On the other hand, the processing of personal data is understood as any operation or technical procedure, automated or not, that allows the collection, recording, organization, storage, preservation, elaboration, modification, extraction, consultation, use, blocking, deletion, communication by transfer or by dissemination or any other form of processing that facilitates the access, correlation or interconnection of personal data.
Andean Fruits & Vegs develops its personal data processing policy in accordance with the guiding principles established in the Law mentioned below:
Andean Fruits & Vegs and, where applicable, the data processors have appropriate security measures in place for the processing to be carried out, in addition to adopting the necessary technical, organizational and legal measures to guarantee the confidentiality of personal data.
4. Information on personal data
El Usuario queda informado y autoriza libre y voluntariamente a Andean Fruits & Vegs, para recolectar, almacenar, conservar, acceder, usar, suprimir o actualizar sus datos personales para sus actividades. En ese sentido, los datos personales a los que Andean Fruits & Vegs tenga acceso como consecuencia de los servicios que brinda o mediante el llenado de diferentes formularios, se incorporarán al correspondiente “Banco de Datos Personales”, conformando el conjunto organizado de datos personales de usuarios, creado por Andean Fruits & Vegs e inscrito en el Registro Nacional de Protección de Datos Personales. Asimismo, el Usuario acepta que sus datos personales podrán ser transferidos a terceras partes, las cuales se detallan a continuación:
| Nombre | Nro. Identificación (RUT/RUC/EIN) | País | Domicilio | Finalidad (razón de la transferencia) |
|---|---|---|---|---|
| Romma Consulting | 20604772576 | Perú | Av. Javier Prado Oeste Nro. 757 Int. 1501, Magdalena Del Mar, Lima. | It is part of the same economic group; the purpose of the transfer is to offer services. |
| Madero Capital S.A.C. | 20603232543 | Perú | Av. Javier Prado Oeste Nro. 757 Int. 1501, Magdalena Del Mar, Lima. | It is part of the same economic group; the purpose of the transfer is to offer services. |
| Madero Leasing Company S.A. | 20611752203 | Perú | Av. Javier Prado Oeste Nro. 757 Int. 1501, Magdalena Del Mar, Lima. | It is part of the same economic group; the purpose of the transfer is to offer services. |
| Madero Wealth Management S.A.C. | 20609068851 | Perú | Av. Javier Prado Oeste Nro. 757 Int. 1501, Magdalena Del Mar, Lima. | It is part of the same economic group; the purpose of the transfer is to offer services. |
| Fresh & Ready Harvests S.A. | 20611875631 | Perú | Av. Javier Prado Oeste Nro. 757 Int. 1501, Magdalena Del Mar, Lima. | It is part of the same economic group; the purpose of the transfer is to offer services. |
| Lucid Perú S.A.C. | 20608764055 | Perú | Av. Javier Prado Oeste Nro. 757 Int. 1501, Magdalena Del Mar, Lima. | It is part of the same economic group; the purpose of the transfer is to offer services. |
| Google LLC | IVA EU372000041 | Estados Unidos | 600 Amphitheatre Parkway, Mountain View, CA 94043 | Prestación de servicios de alojamiento web. |
The personal data provided by Users will be treated with complete confidentiality and may only be stored by Google Inc.'s web servers to provide web storage services appropriately. Andean Fruits & Vegs undertakes to maintain professional secrecy regarding this data and guarantees its protection by adopting all necessary security measures. Authorization will not be required when personal data is necessary for the performance of a contractual relationship to which the data subject is a party.
If the recorded data turns out to be inaccurate, in whole or in part, or incomplete, Andean Fruits & Vegs may update and/or replace it with the corresponding corrected or completed data.
The personal data requested from users are basic contact details and are adequate, relevant and not excessive in relation to the purpose for which they are collected: (i) first and last names, (ii) identification document (ID/CE/Passport), (iii) address/location, (iv) mobile phone number and (v) email address.
5.- Purpose of processing personal data
Andean Fruits & Vegs collects the User data listed below for the following purposes:
Purpose
To carry out commercial procedures in order to guarantee that Andean Fruits & Vegs provides adequate service to the Users.
Andean Fruits & Vegs also collects personal data from its Users for advertising purposes. In this regard, the User agrees that Andean Fruits & Vegs may send them advertisements about the company's products and services, as well as those of any other legal entity economically linked to Andean Fruits & Vegs, and messages in the following ways: (i) within the Platform, or (ii) sent to the contact information provided to Andean Fruits & Vegs (e.g., email address, mobile phone number, physical address, among others). The User also agrees to keep their contact information up to date.
The User also authorizes Andean Fruits & Vegs to process, request, collect, store, use, and transfer their personal information, including personal data, to third parties (under the conditions set forth in the following paragraph), within or outside the country. This will be done, without limitation, to ensure proper business management and to offer services complementary to those established in this document.
The User agrees that such information may be transferred by Andean Fruits & Vegs to (i) third-party natural and/or legal persons who maintain commercial links with Andean Fruits & Vegs, who require such information for the provision of their services and (ii) related companies of Andean Fruits & Vegs, domiciled or not in Peru, for the consolidation of data, preparation of corporate statistics, preparation of policies, etc.
The User expressly acknowledges and declares that, prior to signing this document, he/she has been duly and sufficiently informed about the scope and effects of this policy.
6.- Complaints book
The User expressly authorizes Andean Fruits & Vegs to process their data when using the complaints book, for the purpose of addressing the needs of said procedure, as well as, once the complaint handling procedure is completed, to address the needs arising from any future judicial, administrative or arbitral process or procedure related to the complaint submitted by the user, and to address any audit by the competent authority regarding the processing of personal data.
The data collected through the complaints book will be stored in the “Complaints Book” database owned by Andean Fruits & Vegs.
As a result of the purposes described, the data will be stored indefinitely. For all intents and purposes, this maximum storage and processing period for personal data is understood to be a right of Andean Fruits & Vegs, not an obligation. Therefore, Andean Fruits & Vegs may choose to store and/or process data for shorter periods. This does not in any way prejudice users' rights to revoke their consent to the processing of their personal data at any time, as permitted by law and detailed by Andean Fruits & Vegs in this Privacy Policy.
7.- Security of personal data
In compliance with current regulations, the Information Security Directive approved by Directoral Resolution No. 019-2013-JUS/DGPDP of the National Authority for the Protection of Personal Data, Andean Fruits & Vegs has adopted the technical and organizational security and confidentiality measures appropriate to the category of personal data, necessary to maintain the required level of security, with the objective of preventing as far as possible the alteration, loss or unauthorized processing or access that may affect the integrity, confidentiality and availability of the information.
However, the transmission of information via communication networks and the Internet is not entirely secure; therefore, although Andean Fruits & Vegs will make every effort to protect personal data, it cannot guarantee its security during transmission to the Platform. All information provided by Internet users through this medium is sent at their own risk.
8.- Exercise of the Rights of Access, Rectification, Cancellation and Opposition
Users who have provided personal data to Andean Fruits & Vegs may contact the company to exercise their rights to information, access, updating, inclusion, rectification, and erasure, as well as to prevent the provision of their personal data, object to its processing, or request objective processing of their data, in accordance with applicable law. These rights may only be exercised by the data subject or their legal representative, as permitted by law.
To exercise these rights, users must send an email to comercial.andean@afvagro.com with the subject line “Personal Data Protection,” specifying their information, proving their identity, and stating the reasons for their request. The person submitting the request must attach a copy of the documents that prove the identity of the data subject (National Identity Document or equivalent) or, if applicable, the identity of their legal representative, as well as a copy of the power of attorney granted by a notary public, when applicable.
If the User decides to close their account on the Platform, their personal data will no longer be visible on the Platform, generally within 24 hours.
Likewise, Andean Fruits & Vegs informs its users of the existence of the administrative route to assert their rights before the National Data Protection Authority or jurisdictional routes before the Judicial Branch for the purposes of the corresponding habeas data action.
9.- Transfer of personal data at the national or international level
Andean Fruits & Vegs uses third-party servers abroad for the storage of databases via technological means, thus involving cross-border data transfers. Specifically, the purpose of these cross-border transfers is for the storage of data on the web servers of Google LLC, identified by VAT number EU372000041.
This personal data may also be communicated to administrative entities, judicial and/or police authorities, provided that it is established by law.
10.- Veracity
Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Information provided, and undertake to keep it duly updated.
11.- Otros
Since it is a virtual tool that does not allow direct physical contact between Andean Fruits & Vegs and the owner of the personal data, Andean Fruits & Vegs will collect and process personal data based on the presumption of good faith that the person providing it is of legal age, proficient in the Spanish language, in full use of their mental faculties, has full civil capacity and is the owner of the personal data or acts as a representative of the owner of the data they provide, in the event that it is owned by third parties.
For any questions regarding this Privacy Policy, please contact us at the following email address:
12. Validity and modification of this Personal Data Protection Policy
Andean Fruits & Vegs' Personal Data Protection Policy is constantly updated, and Madero Factoring reserves the right to modify its policy in the event of changes in applicable legislation, legal doctrine, case law, or due to its own business criteria. If any changes are made to this policy, the new text will be published on this website and communicated to the User.
All users are advised to periodically access this Privacy Policy which can be found on the Platform.
This Privacy Policy for the Processing of Personal Data is published on November 20, 2024.