PRIVACY POLICY

INCA TOPS S.A.

Arequipa, October 2020

  1. SCOPE
  2. This “Privacy Policy on the Protection of Personal Data” will apply to all the databases and/or archives that contain personal data that would be the object of processing by INCA TOPS S.A. (hereinafter known as INCA TOPS) which has the following information:

    • Name: INCA TOPS S.A.

    • RUC N°: 20100199743

    • Address: Avenida Miguel Forga 348 Z.I. Parque Industrial, Arequipa

  3. INTRODUCTION
  4. At INCA TOPS we ensure the strictest confidentiality and protection of personal data belonging to our clients, coworkers, providers, etc.

    This document describes the “Privacy Policy on the Protection of Personal Data” that regulates the processing of personal data that we at INCA TOPS carry out in the development of our commercial activities.

  5. OBJECT AND PURPOSE
  6. At INCA TOPS were are conscious of the elevated consideration that the privacy of our clients, coworkers, and all those persons that are interested in our products and services has. Since this consideration is consequential, we are committed to respecting the privacy, and protecting the confidentiality of private information and personal data of all parties involved. Thus, the object of this general privacy policy is to introduce the manner in which the personal data we access in our commercial activities, is collected, processed, and protected.

    Private personal information does not include data that is available through sources accessible to the public. It is understood that such sources include, but are not limited to electronic communication mediums, optics and other technology designed to provide information to the public and open to general consultation, phone books, newspapers and magazines, social media, professional lists, anonymous jurisprudence repertoires, Public Records administered by the Superintendencia Nacional de Registros Públicos, and any other record or database classified as public according to the law.

  7. PROCESSING OF PERSONAL DATA IN THE HIRING OF PERSONNEL
  8. A. PURPOSE OF PROCESSING DATA IN THE HIRING OF PERSONNEL

    INCA TOPS will collect personal data from those interested in a job position with the purpose of:

    1. Managing the selection process for the hiring of personnel to work inside the company.
    2. Storing candidate information for the hiring of personnel to work inside INCA TOPS according to the needs of the company.
    3. Registering the personal data in the database “Job Applicants” owned by INCA TOPS.

    B. MANDATORY PERSONAL DATA

    To carry out the purposes described in this privacy policy, it is mandatory that applicants provide us the following personal data: full name, DNI number, immigration card number, address, photo, mobile and land line phone numbers, e-mail, birthdate and birthplace, gender, profession, age, academic information, and contact person information.

    C. CONSEQUENCES OF PROVIDING DATA OR REFUSAL TO DO SO

    If a job applicant does not provide the mandatory data, they will not be able to participate in the hiring process of personnel.

    D. RETENTION PERIOD

    The job applicants’ personal data will be processed temporarily during the development of the hiring process and will be stored in the database “Job Applicants” for the maximum of one (1) year.

  9. PROCESSING OF PERSONAL DATA IN PUBLICITY
  10. A. PURPOSE OF PROCESSING DATA IN PUBLICITY

    INCA TOPS will collect personal data from those persons interested in receiving publicity with the purpose of:

    1. (i) Sending publicity from INCA TOPS and/or the companies that form part of the same group, and/or from its commercial associates, public or private, for which they may use, among other means, call centers, telephone systems, text messages, mass and/or personalized emails, magazines and/or catalogs, and/or any other similar medium of communication that currently exists, or will exist.
    2. Registering the personal data in the database “Publicity” which is owned by INCA TOPS.

    B. MANDATORY AND OPTIONAL PERSONAL DATA

    To carry out the purposes described in this privacy policy, it is mandatory that we are provided the following personal data: full name, email, company, country of residence.

    The following are optional personal data: address, landline and mobile phone numbers.

    C. CONSEQUENCES OF PROVIDING DATA OR REFUSAL TO DO SO

    Publicity will only be sent through the mediums provided. However, the full name, email, company, and country of residence are strictly necessary for the processing of personal data for these purposes.

    D. RETENTION PERIOD

    The personal data will be processed while they are necessary to fulfill the purposes previously described, or until the owner expresses their intention to stop the processing of their data through the channels made available to them to exercise their ARCO rights.

  11. PROCESSING OF PERSONAL DATA FOR PURPOSES OF QUOTATIONS AND BUSINESS RELATIONS
  12. PURPOSE OF PROCESSING DATA FOR QUOTATIONS AND BUSINESS RELATIONS

    INCA TOPS will collect the personal data of clients with the purpose of:

    1. Making a quote for a product or service of INCA TOPS
    2. Executing the contractual relationship that arises between a client and INCA TOPS
    3. (iii) Using, providing and/or transferring this information to the technology service providers that are contracted by INCA TOPS, as well as authorities and third parties authorized by law.
    4. Fulfilling the statistical and historical purposes of INCA TOPS.
    5. Registering the personal data in the database “Clients” owned by INCA TOPS
    6. Evaluating any request made and/or that could be made, as well as conducting satisfaction surveys.
    7. Informative purposes, whether they be for INCA TOPS and/or for the companies that form part of the same group and/or for its commercial associates, public or private, for which they may use, among other mediums, call centers, telephone systems, text messages, mass and/or personalized emails, magazines and/or catalogs, and/or any other similar medium of communication that currently exists, or will exist.
    8. Using, providing, and/or transferring this information to comply with the obligations and/or requirements that are generated by virtue of the current regulations in the Peruvian legal system, including those regulations from the anti-money laundering and counter terrorism financing system, and prudential regulations.

    B. MANDATORY AND OPTIONAL PERSONAL DATA

    To carry out the purposes described in this privacy policy, it is mandatory that we are provided the following personal data: full name, phone number, email, signature, tax identification number, and bank account number.

    C. CONSEQUENCES OF PROVIDING DATA OR REFUSAL TO DO SO

    If we are not provided the mandatory data, we will not be able to provide the requested quote, nor will the client be able to acquire our products or services.

    D. RETENTION PERIOD

    The personal data will be processed while they are necessary to fulfill the purposes previously described, or up to a maximum period of five (05) years from when our product or service was acquired, except for legal requirements which may exceed said period.

  13. PROCESSING OF PERSONAL DATA FOR PURPOSES OF QUOTATIONS AND BUSINESS RELATIONS WITH CLIENTS THAT RESIDE IN THE EUROPEAN UNION
  14. A. PURPOSE OF PROCESSING DATA FOR QUOTATIONS AND BUSINESS RELATIONS

    INCA TOPS will collect the personal data of clients with the purpose of:

    1. Making a quote for a product or service of INCA TOPS
    2. Executing the contractual relationship that arises between the client and INCA TOPS
    3. Using, providing and/or transferring this information to the technology service providers that are contracted by INCA TOPS, as well as authorities and third parties authorized by law.
    4. Fulfilling the statistical and historical purposes of INCA TOPS.
    5. Registering the personal data in the database “Clients” owned by INCA TOPS
    6. Evaluating any request made and/or that could be made, as well as conducting satisfaction surveys.
    7. Informative purposes, whether they be for INCA TOPS and/or for the companies that form part of the same group and/or for its commercial associates, public or private, for which they may use, among other mediums, call centers, telephone systems, text messages, mass and/or personalized emails, magazines and/or catalogs, and/or any other similar medium of communication that currently exists, or will exist.
    8. Using, providing, and/or transferring this information to comply with the obligations and/or requirements that are generated by virtue of the current regulations in the Peruvian legal system, including those regulations from the anti-money laundering and counter terrorism financing system, and prudential regulations.

    B. BASIS OR LEGAL FOUNDATION OF PROCESSING DATA

    The processing of clients’ personal data is supported in art. 6.1b, which establishes that all processing of data is lawful when “the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.”

    Likewise, we remind you that you have the right to contact the control authority of the European Union regarding the protection of personal data in order to enforce the rights that the regulatory framework provides you.

    On the other hand, we inform you of automated decisions regarding profiling that occurs with the information that is provided to us, decisions that are framed within the stated purposes.

    C. MANDATORY AND OPTIONAL PERSONAL DATA

    To carry out the purposes described in this privacy policy, it is mandatory that we are provided the following personal data: full name, phone number, email, signature, tax identification number, and bank account number.

    D. CONSEQUENCES OF PROVIDING DATA OR REFUSAL TO DO SO

    If we are not provided the mandatory data, we will not be able to provide the requested quote, nor will the client be able to acquire our products or services.

    E. RETENTION PERIOD

    The personal data will be processed while they are necessary to fulfill the purposes previously described, or up to a maximum period of five (05) years from when our product or service was acquired, except for legal requirements which may exceed said period.

  15. PROCESSING OF PERSONAL DATA FOR THE ATTENTION TO COMPLAINTS AND CLAIMS
  16. A. PURPOSE OF PROCESSING DATA FOR THE ATTENTION TO COMPLAINTS AND CLAIMS

    INCA TOPS will collect the personal data of persons that present a claim, complaint, or suggestion with the purpose of:

    Responding to the complaint or claim that may be presented, as well as taking note of the suggestions that are made.

    Recording the personal data to the database “Complaints and Claims,” which is owned by INCA TOPS.

    Complying to the established Código de Protección al Consumidor, the Reglamento del Libro de Reclamaciones del Código de Protección al Consumidor, and other applicable regulations.

    B. MANDATORY PERSONAL DATA

    To carry out the purposes described in the privacy policy, it is mandatory that we are provided the following personal data: full name, email, address, DNI number, cell phone number, age.

    C. CONSEQUENCES OF PROVIDING DATA OR REFUSAL TO DO SO

    In the event that the consumer does not provide at least their name, DNI number, address or email, date of the claim or complaint and their details, these complaints and/or claims will be considered as not presented.

    D. RETENTION PERIOD

    The personal data will be processed while they are necessary to fulfill the purposes previously described, and for the maximum period of two (02) years from the date that the complaint or claim was presented.

  17. CONFIDENTIALITY OF PERSONAL DATA
  18. The personal data provided will be treated with complete confidentiality. INCA TOPS is committed to keeping professional secrecy indefinitely regarding the personal data, and guarantees the duty to protecting them by adopting all of the necessary security measures.

  19. TRANSFER, COMISSION, AND CROSS-BORDER FLOW OF DATA
  20. INCA TOPS will be able to transfer the personal data within the national territory or to the exterior, through any medium, to its subsidiaries, linked legal persons, to its service providers, whether they be a Peruvian national or legal person, solely for the fulfillment of the ends described in relation to each one of the processing terms. The relationship of such people can be consulted at the webpage: www.incatops.com/en/supplieragreements

  21. EXERCISE OF RIGHTS
  22. The users who have provided their personal data to INCA TOPS can refer to this policy, with the purpose of exercising their rights of information, access, updating, inclusion, rectification, deletion, preventing the furnishing of their personal data, the opposing of processing or the processing objective of the data, under the terms set forth by the current Peruvian legislature.

    In order to exercise these rights, users can address, through any medium that is able to prove the sending and receipt of the request, to the following: Avenida Miguel Forga 348 Z.I. Parque Industrial, Arequipa, or by writing to the email derechosarco@incatops.com with the subject “Personal Data Protection,” specifying the data, proving their identity, and the reasons for the request.

    Additionally, the owners of the personal data may present a claim to the Autoridad Nacional de Protección de Datos Personales, addressing the Mesa de Partes del Ministerio de Justicia y Derechos Humanos: Calle Scipión Llona N° 350, Miraflores, Lima, Perú, to consider whether they were not attended to in the exercise of their rights.

  23. CHANGES IN THE PRIVACY POLICY
  24. INCA TOPS reserves the right to make at any moment changes, adjustments, or updates to this privacy policy, to meet new legal provisions, regulations, jurisprudence or adopted internal policies.