PERSONAL DATA PROTECTION/PRIVACY POLICY
WE WANT TO BE CLEAR AND TRANSPARENT, HERE IS OUR POLICY IN A DIDACTIC CAPSULE
Who are we? In Spingarn & Marks S.A. we are responsible for the processing of personal data, so we decide the purposes for which we use personal data and how we protect them in compliance with current regulations.
For what purposes do we use your personal data? Among the main purposes we have defined are the management of advisory services, representation and comprehensive financial and legal consulting with clients and potential clients; management of the relationship with collaborators, execution of pre-contractual and contractual relationships with suppliers; commercial communication with clients and potential clients if requested, and communication with collaborators and suppliers.
Why do we use your personal data? We are mainly legitimized by the execution of pre-contractual and contractual relationships, as well as by the free, voluntary and informed consent of our customers with whom we have a relationship, as well as potential customers to whom we offer our services.
To whom do we communicate your personal data? We only communicate your personal data when you request it, when you authorize us, or by legal obligations or order of competent authorities duly motivated as the Ecuadorian Institute of Social Security, the Internal Revenue Service, Ministry of Labor, National Directorate of Public Data Registry and the Judiciary.
Do you know your personal data protection rights? As holder of personal data you have rights to exercise them for which we put at your disposal the channel of attention protecciondedatos@spingarn.ec
PERSONAL DATA PROTECTION/PRIVACY POLICY
With the firm purpose of ensuring complete transparency in the handling of personal information, we wish to inform our customers, potential customers, collaborators, suppliers and other holders of personal data that we manage several databases containing personal information. In this sense, we provide you with a personal data protection/privacy policy.
1. Identity and Contact Information of Estudio Spingarn and Marks S.A. as Responsible for the Processing of Personal Data
Estudio Spingarn & Marks S.A., is responsible for the treatment in accordance with the provisions of the LOPDP, so we inform you of our identity, address and contact details:
- Ruc: 1792206006001
- Address: Luis Tamayo n24-33 y Baquerizo Moreno Plaza Corporativa Torres del Castillo - Edificio Torre Dos Office 7005
- Telephone: [+593] 2 255 4473 / [+593] 2 223 9245
- Contact information through our customer service channels:
- Single office located at the address indicated in the previous paragraph.
- E-mail: lnaranjo@spingarn.ec
If you have any questions about this Personal Data Protection Policy, please contact us through our customer service channels.
Terms and definitions
To facilitate your understanding of this document, terms and definitions established in the Organic Law on Personal Data Protection are included.
- Data subject: Natural person whose data is the object of processing.
- Data Controller: Natural or legal person, who alone or jointly with others decides on the purpose and processing of personal data.
- Data Processor: Natural or legal person, who alone or jointly with others processes personal data on behalf and account of the data controller.
- Data Protection Delegate: Natural person designated by the Data Controller for the advice and supervision of the Organic Law on Personal Data Protection, as well as Spingarn's point of contact with the Control Authority.
- LOPDP: Organic Law on Personal Data Protection.
3. What do we use your personal data for?
Spingarn, in order to efficiently carry out the operation, design, development and execution of our products and services, will process your personal data for the following purposes:
Customer and prospect data:
- To manage the contractual and pre-contractual relationships associated with the products and services of advisory, representation and comprehensive financial and legal consulting requested or contracted by the holder or interested party.
- Present and propose comprehensive financial and legal advisory, representation and consulting products and services in an effective and efficient manner.
- Ensure compliance with legal, contractual and regulatory obligations applicable to Spingarn in tax, labor and corporate matters.
- Inform about modifications in the terms and conditions of contracts and/or comprehensive financial and legal advisory, representation and consulting services.
- To carry out the execution and notification of orders issued by competent authorities, as well as to preserve personal data for judicial investigation purposes.
- Maintain communication channels in order to send newsletters to subscribed customers and in certain cases advertising information to customers or potential customers who have requested or authorized it.
Any other action that is required and essential to carry out its responsibilities and that is supported by current laws and regulations.
Data on suppliers and potential suppliers:
- Relationship management with data processors for the development of Spingarn's operational activities.
- Manage pre-screening, reference checking, supplier selection and qualification.
- Implement service contracts.
- Provide support for business continuity incidents.
- Prevention of money laundering and financing of crimes.
- Follow-up on the provision of the service and delivery of the contracted product.
- Comply with legal, contractual and regulatory obligations applicable to Spingarn.
Collaborators:
- Administrative selection and employment processes.
- Payroll and benefits management.
- Training management.
- Development of career and promotion plans for employees.
- Prevention of money laundering and financing of crimes.
- Occupational health and safety.
- Comply with legal, contractual and regulatory obligations applicable to Spingarn.
4. Categories of personal data we process
In order to achieve the aforementioned objectives, Spingarn carries out the processing of personal data in a diversified manner, covering automated, partially automated and non-automated processes. This process involves the collection, acquisition, recording, organization, structuring, preservation, custody, adaptation, modification, deletion, indexing, extraction, consultation, processing, use, utilization, exploitation, session, enabling, distribution, communication, transfer, matching, interconnection, limitation, erasure, destruction and blocking of the following categories of personal data:
- Identity and identification data.
- Personal characteristics data.
- Contact and communications data.
- Social circumstances data.
- Product and service data
- Job details.
- Transactions of goods and services.
- Academics and professionals.
- Economic, financial and insurance.
- Information and commercial references.
- Metadata through the website.
5. Legal basis for data processing
The processing of personal data carried out by Spingarn is lawful and legitimate in accordance with the provisions of:
Article 66 numeral 19 of the Constitution of the Republic of Ecuador, which recognizes and guarantees individuals: "The right to the protection of personal data, which includes access and decision on information and data of this nature, as well as its corresponding protection. The collection, filing, processing, distribution or dissemination of this personal data shall require the authorization of the holder or the mandate of the law (...)".
The Organic Law for the Protection of Personal Data in its article 7 paragraphs 1, 2, 3, 5, 6, 7 and 8 states that the processing of personal data will be legitimate and lawful when one of the following conditions is met:
1. By consent of the owner for one or more purposes.
2. That it is carried out in compliance with a legal obligation.
3. In compliance with a court order, observing the principles of the present law.
5. For the execution of pre-contractual measures at the request of the owner or for the fulfillment of contractual obligations pursued by the responsible, in charge or a legally authorized third party.
7. For the processing of personal data contained in publicly accessible databases.
8. To satisfy a legitimate interest of the data controller or a third party, provided that the interests or fundamental rights of the data subjects do not prevail under the provisions of this regulation.
6. Retention of personal data
Personal data will be retained only for the time necessary to fulfill the purposes of processing, as well as to fulfill obligations arising from legal, employment or contractual relationships, as appropriate. They will also be kept to address possible liabilities that may arise from the achievement of the purposes for which the data were collected, respecting the legal deadlines established by the applicable regulations and, in any case, within the maximum period required for the prescription of legal actions. After this period, the data will be deleted, anonymized or blocked in accordance with the mechanisms, tools and strategies implemented by Spingarn.
7. Security
All our services and products incorporate security features to safeguard the confidentiality, availability and integrity of your personal data. We implement a structured, systematic and consistent approach to protecting your personal information, which enables us to detect and neutralize any security threats in a timely manner, thereby reducing risks and their potential impact. In the event that we identify any relevant risk to you, we will contact you via email. In this communication, we will provide you with details on the security measures implemented and guide you on the steps to take to strengthen your protection. We make every effort to ensure that you are protected against possible security breaches.
In order to ensure an adequate level of security against risks, considering the current state of technology and the nature of data processing, as well as the possible impacts on fundamental rights and freedoms, we apply appropriate measures in functional, technological, organizational, administrative and legal terms.
8. Rights of the holder of personal data
The personal data and the control over them correspond to the owner or interested party. Therefore, the holder or interested party may exercise the rights indicated below:
Access: The owner or interested party can know what personal data is processed by Spingarn.
Rectification and updating: The holder or interested party may modify or update their personal data.
Deletion: The holder or data subject may request the deletion of his or her personal data when:
- Is not necessary or relevant for the purpose for which it was originally collected; or in turn, if the holder or data subject does not have any product, active service or obligations with Spingarn.
- The conservation period has expired
- Consent is revoked or the holder indicates that he/she has not given it
- Do not conflict with a regulatory requirement.
Opposition: The holder or data subject may oppose or refuse the use of his or her personal data when:
- Their fundamental rights and freedoms are affected.
- The law permits its exercise.
- The processing is for purposes other than those for which it was collected and/or if they are not necessary to maintain the contractual relationship.
- In the other cases established in the Organic Law on Personal Data Protection.
This right may be exercised as long as it does not involve public information, public interest or if the processing is required by law.
Suspension: The owner or data subject may request the temporary cessation of the processing of his/her data when:
- Challenges the accuracy of your personal data, while the data controller verifies the accuracy of your personal data.
- The processing is unlawful and the holder opposes the deletion of the personal data and requests instead the limitation of its use.
- If Spingarn does not need to process your personal data but the owner or interested party needs it for the formulation, exercise or defense of claims.
There are some special situations in which we have the possibility to deny a request for suspension. For example, when personal data is indispensable to comply with the law or is related to legal claims.
Portability: The owner or interested party may request Spingarn to deliver his personal data in a compatible, updated, structured, common, interoperable and machine-readable format preserving your characteristics; or to transmit them to other data controllers. For the right to data portability to apply, at least one of the following conditions must be met:
- That the owner has given consent to the processing of your personal data for one or more specific purposes. The transfer or communication will be made between controllers when the operation is technically possible; otherwise the data must be transmitted directly to the owner.
- That the processing is carried out by automated means.
- That a relevant volume of personal data is involved.
- That the processing is necessary for the fulfillment of obligations and the exercise of rights of the controller or processor of personal data, or the holder in the field of labor law and social security.
The right not to be subject to a decision based solely or in part on automated assessments:
You have the right not to be subjected to a decision based solely or in part on assessments that are the product of automated processes, including profiling, that produce legal effects in violation of your fundamental rights and freedoms, for which you may request Spingarn:
- A reasoned explanation of the decision taken.
- Demonstrate observations.
- Request the evaluation criteria on the automated program.
- Request information on the types of data used and the source from which the data was obtained.
- Challenge the decision before Spingarn.
It is important for you to know that this right does not apply when:
- The decision is necessary for the conclusion or execution of a contract between the holder and Spingarn or its agents.
- It is authorized by applicable regulations, court order, resolution or reasoned mandate from a competent technical authority.
- Is granted by explicit consent of the owner.
- The decision does not entail serious impacts or verifiable risks for the owner.
9. Procedure for the effective exercise of holder's rights
To enforce your rights, update your information or manage your consents or preferences including the revocation of consent, Spingarn has made available an email through which you can submit all your requests, which is: protecciondedatos@spingarn.ec.
When you consider that you have not received an adequate response to your request to exercise your rights, you may write to the Data Protection Officer at the following address: protecciondedatos@spingarn.ec or you may write to the Personal Data Protection Authority.
10. Consequence of providing data or refusal to provide it
In order to fulfill the purposes set out in this document and ensure our operation, it is necessary to collect, store, use and share your personal information. If you refuse or object to the processing of this data, you will not be able to access the services or functions we offer and we will not be able to provide you with products, services or communicate with you, which would affect the fulfillment of several of the purposes described in this Data Protection Policy.
11. Effect of supplying erroneous or inaccurate data
The quality of our products and services is directly affected by the provision of incorrect, inaccurate or outdated information. In relation to some of the stated objectives, this could compromise the effectiveness we can guarantee. It is the responsibility of the holder to ensure that the personal data provided is true, accurate, complete and up to date, assuming responsibility for its accuracy and updating.
Consequently, the holder shall be liable for any false, excessive or inaccurate information provided voluntarily, as well as for any direct or indirect verifiable damages that this may cause.
In the event that you do not provide all the required personal data, it will not be possible to access specific functions of certain products or services by any means of contracting. This means that we will not be able to offer you our products and services.
12. Digital Education
Spingarn recognizes the importance of implementing management strategies that ensure responsible, specialized and proactive protection of personal data. Our approach focuses on fostering a culture of knowledge among both our employees and those involved in our processes.
In order to cultivate this culture, we are committed to implementing educational and awareness initiatives as key components of our comprehensive training and communication programs at Spingarn.
13. Revocation of consent
You can request at any time that we stop processing your personal data, we put at your disposal the following email: protecciondedatos@spingarn.ec so you can revoke your consent.
14. Spingarn external websites
Spingarn manages the following website:
Through the website we collect, store, use and communicate personal data for the following purposes:
- Manage information and communications.
- Marketing.
- Profiling.
- Product and service management.
- Customer service.
- Handling of complaints, claims and inquiries.
- Exercise of rights.
Personal data that is processed by third parties is not governed by this personal data protection policy, and we are not responsible for its collection, storage, use and communication.
15. Control and supervision
Spingarn's observance and compliance with this policy is subject to permanent and periodic supervision and control.
16. How to contact us?
If you wish to obtain more detailed information about the processing of your personal data, we suggest you contact us through the digital channels specified in this policy, that is email protecciondedatos@spingarn.ec. We will be happy to provide you with any additional information you may need.
17. Changes to our Personal Data Protection Policy
If necessary, we reserve the right to make changes or corrections to our Personal Data Protection Policy. In the event that changes are made, we will notify you through our website, accessible through the following link: www.spingarn.ec. The revision date will be updated to reflect the changes, and the changes will become effective upon such update. We therefore suggest that you regularly review this Policy to keep abreast of the protection mechanisms implemented by Spingarn.
This policy reflects our unwavering commitment to privacy and safeguarding personal data. We strive to keep it up to date and review it periodically to keep it in line with relevant legal and technological changes.
