INTRODUCCIÓN
DISCOVERY LIMA is a company in the Professional Guides sector dedicated to the sale of tourist services, tour packages and full days located in Lima - Peru.DISCOVERY LIMA is obliged to comply with current Peruvian legislation on the protection of personal data, Law No. 29733 Protection of Personal Data and its complementary provisions.
OBJECTIVE
This document aims to establish principles, uniform practices and responsibilities regarding the processing of personal data in which DISCOVERY LIMA is involved.
SCOPE
This document is applicable to all DISCOVERY LIMA processes that will use personal data of customers intended to be contained in the different databases of DISCOVERY LIMA and the treatment of these.
COMPLIANCE OFFICERS
DISCOVERY LIMA will assign and communicate the corresponding responsibilities to all personnel and suppliers, for the fulfillment of this Policy.
The area responsible for annually reviewing this Policy and making the respective adjustments within DISCOVERY LIMA will be the General Management. Likewise, said Management will be responsible for answering any query related to the application and scope of this Policy.
Notwithstanding the foregoing, all employees of Discovery Lima as well as all suppliers and third parties with whom Discovery Lima is linked in the regular exercise of its business and have access to or process personal data are subject to compliance with the Policy. Finally, no employee of Discovery Lima shall perform on behalf of the Company. actions or omissions that involve a breach of the Law.
CONFIDENTIALITY
This Policy will be for internal and exclusive use of DISCOVERY LIMA and, therefore, is confidential. Any use other than that indicated is prohibited and must be expressly authorized in writing by the General Management.
The personal data to which both the workers of DISCOVERY LIMA and related third parties have access or participate in their treatment may not be treated or used in any way without the prior consent of the owner of the personal data even after the termination of their relationship with DISCOVERY LIMA, except for the exceptions regulated by Law.
In the case of workers who, due to the nature of their functions, have access to confidential and sensitive personal information, DISCOVERY LIMA will seek to develop training and specific awareness actions. Persons involved in the processing of personal data are obliged to maintain professional secrecy and confidentiality. This obligation will be maintained even after the termination of your relationship with DISCOVERY LIMA.
PRINCIPLES
All employees of DISCOVERY LIMA must comply permanently in the exercise of their functions the principles established in the Law that we detail below: a. Legality. The processing of personal data carried out by DISCOVERY LIMA will be done in accordance with the provisions of the Law. The collection of personal data by fraudulent, unfair or illicit means is prohibited.
Consent: may not process personal data that does not have the prior, express, unequivocal and free consent of its owner as necessary, except for the exceptions provided by the Law.
Purpose: DISCOVERY LIMA will collect personal data clearly indicating the purpose for which it makes such collection, which must be determined, explicit and lawful. The personal data subject to processing may not be used for purposes other than or incompatible with those that motivated its collection, except with the consent of its owner. In this sense, DISCOVERY LIMA will comply with implementing measures that guarantee: • The collection, storage and conservation of personal data comply with the principles of proportionality and purpose. • The adequate protection of personal data complying with appropriate technical and legal security measures. It should be noted that DISCOVERY LIMA may not disclose personal data unless ordered by reasoned order of the judge or with the authorization of its owner, with the guarantees provided for in the Law. Likewise, DISCOVERY LIMA may not refuse to deliver to a public entity information containing personal data provided that such requirement is made for strict compliance with the powers of said entities assigned by current legislation.
Proportionality: All processing of personal data carried out by DISCOVERY LIMA must be adequate, relevant and not excessive to the purpose for which they were collected.
Quality: The personal data that will be processed by DISCOVERY LIMA must be true, accurate and, as far as possible, updated, necessary, relevant and adequate with respect to the purpose for which they were collected. They must be kept in such a way as to guarantee their security and only for the time necessary to comply with the purpose of the treatment respecting the applicable legal deadlines for the conservation of documents and information.
Security: DISCOVERY LIMA and the third parties to whom it entrusts the processing of personal data must adopt the necessary and appropriate technical, organizational and legal measures to guarantee the security of personal data against different risks, such as accidental loss or destruction by accident, unauthorized access, covert use or infection of malware or computer viruses. These measures will be established, communicated and, if necessary, updated by DISCOVERY LIMA.
Adequate level of protection: In case DISCOVERY LIMA makes international transfers of personal data, it must guarantee a sufficient level of protection for the personal data to be processed or, at least, comparable to the provisions of the Law.
Rights of the holders of personal data: DISCOVERY LIMA will have a simple and free procedure of attention to the rights of holders of personal data contemplated in the Law: (i) information, (ii) access, (iii) updating, (iv) inclusion, (v) rectification, (vi) deletion, (vii) prevent the supply, (viii) opposition and (ix) objective treatment.
Therefore DISCOVERY LIMA• It will take the necessary measures to inform the owner of the personal data about the rights conferred by the Law. • Adopt measures that allow the owner of personal data to keep them updated. • Comply with attending in a timely manner and within the deadlines of law the requirements and requests related to the rights of the aforementioned personal data holders; In the processes of attention to the rights of holders of personal data, the following guidelines will apply. • The deletion or rectification of personal data will not proceed when it affects rights or legitimate interests of DISCOVERY LIMA, its shareholders, employees or directors or third parties or when there is a legal obligation to preserve personal data. • DISCOVERY LIMA may reject certain requirements when the disclosure of personal data may compromise or hinder ongoing judicial or administrative proceedings.
TRANSFERS OF PERSONAL DATA
The personal data processed by DISCOVERY LIMA may only be transferred or transferred to third parties for the fulfillment of the purposes related to the legitimate interest of the assignor and the assignee and with the prior, express, free, unequivocal and informed consent of the owner of the personal data. Such consent will not be required in the cases permitted by law.
COLLECTION OF SENSITIVE DATA
DISCOVERY LIMA will only collect personal data and / or sensitive data when strictly necessary and in respect of the principles of purpose and proportionality. When the collection and processing of such data derives from compliance with a legal obligation, DISCOVERY LIMA will inform the owner of the data of such situation prior to its collection.
DISCLOSURE OF PERSONAL DATA
DISCOVERY LIMA will not disclose personal data to third parties except when: a) It is necessary for the purpose for which the personal data was collected; as in the provision of services through third parties and suppliers. b) The owner of the personal data is informed before the disclosure or at the time of collection of the personal data. c) The owner of the personal data gives his prior and express consent. d) Consent is not required by law. e) Personal data are required by public entities within the scope of their competences and legal attributions. f) The personal data is necessary to satisfy legitimate requirements of any company interested in acquiring any of the operations of DISCOVERY LIMA, with the prior consent of its owner; or, g) Access to personal data is by auditors and lawyers and other professionals obliged to keep professional secrecy.
DELETION OF PERSONAL DATA
Once the processing of personal data has been completed and the principle of purpose has been complied with, and provided that there is no legal mandate or reason that justifies the conservation of personal data, DISCOVERY LIMA will proceed to delete them from its records. Alternatively, DISCOVERY LIMA may apply dissociation processes, or equivalent when for some commercial reason, statistics or market analysis justify the convenience of keeping such data. DISCOVERY LIMA will define in a timely manner the respective procedures that are necessary for the elimination of personal data.
SANCTIONS REGIME
It will be considered a serious fault and subject to sanction the employee who commits any infraction to the provisions established in this Policy. DISCOVERY LIMA will take the disciplinary measures it deems appropriate in cases of breach of the obligations stipulated herein by employees.
DISSEMINATION AND COMPLIANCE WITH THE POLICY
DISCOVERY LIMA will endeavour: i) to comply with the provisions of this Policy; ii) make known, observe and respect this Policy for each employee; iii) post this Policy in easily accessible places; and iv) subscribe confidentiality obligations with employees, users, contractors and third parties who access the personal data included in the databases.