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  • PURPOSE OF THIS POLICY:
    1. The purpose of this policy is to publicize the way in which Cultura Viva Travel Agency EIRL (hereinafter «Cultura Viva») protects and treats the personal data of customers, passengers, suppliers, tour operators, travel agencies and collaborators, from their collection through the different channels, whether physical or digital, for the duly communicated purposes.

 

  • GENERAL INFORMATION :
    1. Cultura Viva a company founded in Cusco, Peru in 2015 aims to provide services related to individual and collective travel, air, sea or land, organization of tours or excursions, find accommodation and carry out any other activity directly related with tourism. For this purpose, information is collected, used, administered, transferred, stored and processed, which can 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.
    2. Cultura Viva, 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), undertakes to guarantee and adopt measures for the security of the information through the best international practices, in attention to the confidentiality, integrity and availability of the data of a personal nature provided.

 

  • DEFINITIONS
    1. Responsible for the treatment: is the natural or legal person who, alone or together with others, determines the purposes and means of the processing of personal data; In other words, Cultura Viva will be responsible for the personal data obtained through its various collection channels and provided by the users of Cultura Viva.
    2. Personal data: is all that information about an identified or identifiable natural person (the user), such as the name, ID, passport, location data or one or more elements of the physical, physiological, genetic, psychic identity, economic, cultural or social of a person.
    3. Treatment: would be any operation or set of operations carried out on personal data or sets of personal data (automated or not) such as the collection, registration, organization, modification, consultation, use, dissemination or any other form of access authorization, collation or interconnection, limitation, deletion or destruction of personal data.
    4. Right of access: it is the right of the User to know what data Cultura Viva is processing and to obtain a copy of it.
    5. Right of rectification: it is the right of the user to update, rectify and / or correct their personal data.
    6. Right of opposition: it is the right of the user to object at any time to the processing of their personal data by Cultura Viva.
    7. Right of cancellation (right to be forgotten): it is the right of the user to request the deletion of their data in any document, file or place where they are accessible whenever possible.
    8. Right of limitation of the treatment: it is the right of the user to demand that the treatment of their data be limited when any of the circumstances established in the legislation occur, such as the illicit treatment of the data or that Cultura Viva no longer needs them.
    9. Right to data portability: it is the right of the user to receive the personal data that concerns him, which he has provided to Cultura Viva, in a structured format, of common use and mechanical reading, and to transmit them to another person in charge of the treatment without can prevent it.
    10. Right not to be the subject of individualized decisions: it is the right of the user not to be the subject of a decision based solely on automated processing, including profiling, that produces legal effects on it or significantly affects it in a similar way.

 

  • CONSENTIMIENTO Y LEGITIMACIÓN DEL TRATAMIENTO
    1. Cultura Viva usa user data:
      1. When they expressly consent to the processing of their personal data for the purposes detailed in this document and / or
      2. When the treatment is necessary for the execution of a contract for the provision of services and products in which the user is a party.

 

  • PERSONAL DATA SUBJECT TO TREATMENT AND SCOPE

This policy is directed to the personal data corresponding to clients, passengers, suppliers, tour operators, travel agencies and collaborators, supplied by themselves, making use of 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 the tourist services of Cultura Viva. In any case, users will be able to see which ones are essential for the correct provision of the service and which ones will have an accessory nature 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.

 

  • GUIDING PRINCIPLES
    1. Cultura Viva will take into account the following principles in the process of processing personal data:
      1. 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 illegal means is prohibited.
      2. Consent Principle: In accordance with the consent principle, 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 it is not expressed directly are not admitted, such as those in which it is required to presume, or to assume the existence of a will that has not been express. Even the consent given with other declarations must be expressly and clearly stated.
  • Principle of Purpose: In view of the principle of purpose, it is considered that a purpose is determined when it has been clearly expressed, without room for confusion and when the object of the processing of personal data is objectively specified. In the case of a personal data bank containing 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 personal data bank. Professionals who process any personal data, in addition to being limited by the purpose of their services, are obliged to maintain professional secrecy.
  1. Quality Principle: The personal data to be processed must be truthful, accurate and, as far as possible, up-to-date, necessary, pertinent and adequate with respect to the purpose for which they were collected. They must be kept in such a way as to guarantee their safety and only for the time necessary to fulfil the purpose of the treatment.
  2. 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 illegal means is prohibited.
  3. Consent Principle: In accordance with the consent principle, 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 it is not expressed directly are not admitted, such as those in which it is required to presume, or to assume the existence of a will that has not been express. Even the consent given with other statements, must be expressly and clearly stated.
  • Principle of Purpose: In view of the principle of purpose, it is considered that a purpose is determined when it has been clearly expressed, without room for confusion and when the object of the processing of personal data is objectively specified. In the case of a personal data bank containing 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 personal data bank. Professionals who process any personal data, in addition to being limited by the purpose of their services, are obliged to maintain professional secrecy.
  • Quality Principle: The personal data to be processed must be truthful, accurate and, as far as possible, up-to-date, necessary, pertinent and adequate with respect to the purpose for which they were collected. They must be kept in such a way as to guarantee their safety and only for the time necessary to fulfil the purpose of the treatment.

 

  • PURPOSES OF PERSONAL DATA
    1. Cultura Viva will use the personal data provided by users for the following purposes:

Passengers:

  1. Comply with the objective of providing the contracted tourist services and products.
  2. Contact the client (travel agencies, companies and natural person) during the provision of the contracted services and products.
  • Facilitate coordination with suppliers, travel agencies, cruises and hotels.
  1. Send clients information regarding the nature of the service and / or provisions of mandatory knowledge and compliance during the service, for example, the contracting conditions, tax compliance and / or other conditions within which internal company policies could be included.
  2. To answer questions, inquiries and requests.
  3. Support the settlements of the Non-Domiciled Value Added Tax before the Tax Authorities, through the information of the Passport and Andean Migration Card (TAM), among others.
  • Analyse and identify the expectations and preferences of travel agencies to purchase tickets and services.

 

Workers and collaborators:

  1. The company will request personal information from its workers to comply with current labour 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.
  2. Facility security through video surveillance.
  • Comply with the policy and procedures of the Policy for the Prevention of Money Laundering and Financing of Terrorism.

 

Tourism Operators and Suppliers:

  1. To be able to manage the payment of the services and products requested.
  2. To contact about the provision of contracted services and products.
  • Security in the facilities through video surveillance.

The personal data that you provide us will be stored in the data banks described in Annex 2 of this document.

 

  • RIGHTS OF THE HOLDERS:

The owner of the personal data will have the following rights:

  1. The rights of information, access, rectification, cancellation, opposition and objective treatment of personal data can only be exercised by the owner of personal data, without prejudice to the rules that regulate representation.
  2. The exercise of any or some of the rights does not exclude the possibility of exercising any or some of the others, nor can it be understood as a prerequisite for the exercise of any of them.
  3. Know, update and rectify your personal data in front of Cultura Viva or in front of the designated treatment manager. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose treatment is expressly prohibited or has not been authorized.
  4. Be informed by Cultura Viva or by the designated treatment manager, upon request, regarding the use that has been given to your personal data.
  5. Revoke the authorization and / or request the deletion of the data when the principles, rights and constitutional and legal guarantees are not respected in the treatment. The revocation and / or deletion will proceed when the National Authority for the Protection of Personal Data has determined that in the treatment of Cultura Viva or the designated treatment manager, they have engaged in conduct contrary to Law 29733 and the Constitution.
  6. Access, free of charge, under the conditions defined in this document, to your personal data that have been processed.

 

  • CONDITIONS FOR DATA PROCESSING

Holder’s Authorization:

  1. For Cultura Viva to carry out any personal data processing action, the owner’s prior and informed authorization is required, which must be obtained by any means that may be subject to subsequent consultation. These mechanisms may be predetermined through technical means that facilitate the owner’s automated manifestation or they may be in writing or orally.
  2. Cultura Viva will adopt the necessary procedures to request, at the latest at the time of data collection, the authorization of the Holder for the treatment of the same and will inform the personal data that will be collected, as well as all the specific purposes of the treatment for which consent is obtained.
  • Personal data found in publicly accessible sources may be processed by Cultura Viva as long as they are by nature public data.
  1. In the event of substantial changes in the content of the data processing policies of Cultura Viva, in relation to the identification of the person in charge and the purpose of the processing of personal data, which affect the content of the authorization.
  2. Cultura Viva will communicate these changes to the owners, before or at the latest when the new policies are implemented, in addition, it will obtain from the Owner a new authorization when the change refers to the purpose of the treatment. For the communication of changes and authorization, technical means that facilitate said activity may be used.

 

  1. Cases in which authorization is not necessary:
  1. Information required by a public or administrative entity in the exercise of its legal functions or by court order.
  2. Data of a public nature.
  • Cases of medical or health emergency.
  1. Information processing authorized by law for historical, statistical or scientific purposes.
  2. Data related to the Civil Registry of Persons.

 

 

  1. Provision of Information:
    1. The information requested by the owner will be provided by Cultura Viva in the same way as the request was made..
  2. Duty to Inform the Holder

Cultura Viva, when requesting authorization from the owner, must clearly and expressly inform the following:

  1. The treatment to which your personal data will be submitted and the purpose thereof.
  2. The optional nature of the answer to the questions that are asked, when these relate to sensitive data or the data of girls, boys and adolescents.
  • The rights that assist you as the owner.
  1. The identification, physical or electronic address and telephone number of the person responsible for the treatment.

 

  1. Revocation of authorization and / or deletion of data:

The owners may at any time request Cultura Viva, the deletion of their personal data and / or revoke the authorization granted for the treatment thereof, by submitting a request, in    accordance with the provisions of Law 29733 of 2011 and the regulations DS No. 003-2013-JUS of 2013.

The request to suppress the information and the revocation of the authorization will not proceed when the owner has a contractual duty to remain in the Cultura Viva database.

 

  1. Persons to whom the information may be provided:

The information about the personal data that has been the subject of treatment by Cultura Viva may be provided to the following people:

  1. To the owners, their successors in title or their legal representatives.
  2. 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.

 

  • SECURITY OF PERSONAL DATA:

Cultura Viva complies with the legally required personal data protection measures and has adopted the measures reasonably required 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.

 

  • PROCEDURES:

The owner or his successors in title have the right to submit to Cultura Viva, queries and / or claims, after verification of their identity, through a written means addressed to the following address at any time, withdraw their consent for the processing of data from personal character and / or you may exercise your rights of access, information, rectification, opposition, deletion, limitation, forgetfulness, portability and no longer be the subject of individualized decisions, by writing to Cultura Viva with the reference «PERSONAL DATA» to the following addresses:

Physical / Legal Address: Urb. Santa Beatriz N ° B-3 Wanchaq – Cusco – Peru

Email: info@culturavivatravel.com

Cultura Viva will answer the query and / or claim by the same means that was formulated.

 

  1. Queries (Access / Information)
    1. The Holders or their successors in title may consult the personal information of the Holder that resides in the database of Cultura Viva, who will provide the applicant with all the information contained in its databases, linked to the identification of the Holder.
    2. The owner will be able to consult their personal data free of charge whenever there are substantial modifications to the Data Processing Policies of Cultura Viva.
  • Any query will be answered by the same means that was formulated within 05 business days following its presentation. For the fulfilment of this right, the Holder or the successor in title of it must present the Access form, which can be found in the Annex of this policy.
  1. Claims (Requests / Petitions)
    1. The Holder or his successors in title 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 Holder of the Personal Data Bank or the person responsible for the Treatment of Cultura Viva. For the fulfilment of these rights, the Holder or the successor in title thereof must submit the respective form, which is found in the Annex of this policy.
    2. In the event that the request does not meet the indicated requirements, the interested party will be required within five (5) days following receipt of the claim to remedy the failures. Once the specified period has elapsed without the rectification occurring, the request will be considered as not submitted.
  • In the event that the information provided in the request is insufficient or erroneous in such a way that it does not allow your attention, Cultura Viva may require a time following receipt of the request, additional documentation from the owner of the personal data to attend it.
  1. Within ten (10) days of receipt of the request, counted from the day after receiving it, the owner of personal data will attach the additional documentation that he deems pertinent to support his request. Otherwise, said request will be considered as not submitted.
  2. The maximum response times to claims according to the regulations of the law are:
    1. Right to information will be five (05) days counted from the day following the presentation of the corresponding request.
    2. Right of access will be twenty (20) days counted from the day following the presentation of the request by the owner of personal data.
  • Rights of rectification, cancellation or opposition, the maximum response period of the owner of the personal data bank or person responsible for the treatment will be ten (10) days from the day following the presentation of the corresponding request.
  1. Except for the period established for the exercise of the right to information, the corresponding deadlines for the response or attention of the other rights may be extended only once, and for an equal period, at most, as long as the circumstances justify it. . The justification for the extension of the period must be communicated to the owner of the personal data within the period to be extended.
  1. Procedure Requirement
    1. The Holder or successor in title may only file a complaint with the National Authority for the Protection of Personal Data once they have exhausted the consultation or claim process before Cultura Viva.

 

  • DUTIES OF LIVING CULTURE IN DATA PROCESSING
    1. Guarantee the Holder, at all times, the full and effective exercise of the right to habeas data.
    2. Request and keep, under the conditions provided in the Law, a copy of the respective authorization granted by the Holder.
    3. Properly inform the Holder about the purpose of the collection and the rights that assist him by virtue of the authorization granted.
    4. Take the measures aimed at preserving the information under security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
    5. Take measures so that the information provided to the Treatment Manager is truthful, complete, accurate, updated, verifiable and understandable..
    6. Update the information, communicating in a timely manner to the Person in Charge of Treatment, all the news regarding the data that you have previously provided and adopt the other necessary measures so that the information provided to it is kept up-to-date.
    7. Rectify the information when it is incorrect and communicate the pertinent to the Person in Charge of Treatment.
    8. Provide the Treatment Manager, as the case may be, only data whose Treatment is previously authorized in accordance with the provisions of the Law.
    9. Require the Treatment Manager, at all times, to respect the security and privacy conditions of the Owner’s information.
    10. Process inquiries and claims formulated in the terms indicated in the law.
    11. Adopt an internal manual of policies and procedures to guarantee adequate compliance with this law and especially, for the attention of queries and complaints.
    12. Inform the Treatment Manager when certain information is under discussion by the Holder, once the claim has been submitted and the respective process has not been completed.
    13. Inform at the request of the Owner about the use given to their data.
    14. Inform the National Authority for the Protection of Personal Data when there are violations of security policies and there are risks in the administration of the information of the Holders.
    15. Comply with the instructions and requirements issued by the National Authority for the Protection of Personal Data.

 

 

  • DUTIES OF THE DATA PROCESSOR:

The Data Processors must comply with the following duties, without prejudice to the other provisions provided in the Law and others that govern their activity:

  1. a) Guarantee the Holder, at all times, the full and effective exercise of the right to habeas data.
  2. b) Take the measures to preserve the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
  3. c) Timely update, rectify or delete the data under the terms of this law.
  4. d) Update the information reported by those responsible for Treatment within five (5) business days from receipt.
  5. e) Process the queries and claims made by the Holders in the terms indicated in the Law.
  6. f) Adopt an internal manual of policies and procedures to guarantee adequate compliance with the Law and, especially, for the attention of queries and claims by the Holders.
  7. g) Refrain from circulating information that is being controversial by the Holder and whose blocking has been ordered by the National Authority for the Protection of Personal Data.
  8. h) Allow access to information only to people who can have access to it.
  9. i) Inform the National Authority for the Protection of Personal Data when there are violations of security policies and there are risks in the administration of the information of the Holders.
  10. j) Comply with the instructions and requirements issued by the National Authority for the Protection of Personal Data.
  11. k) Safeguard the security of the databases in which Personal data is contained.
  12. l) Keep confidentiality regarding the treatment of personal data.

 

  • SECURITY MEASURES

Cultura Viva takes all reasonable precautions and measures of a technical, administrative and organizational nature in order to guarantee the security of the personal data of the Holders, mainly those intended to prevent its alteration, loss and unauthorized treatment or access. The application of the security measures is intended to ensure the preservation, confidentiality, integrity, and availability of the data. The security guidelines of Cultura Viva are supported by the information security policies of Cultura Viva, built under the best practices and existing security standards and in compliance with current regulations. These policies are strictly enforced by direct and indirect officials who carry out work within Cultura Viva.

 

 

 

  • CONSERVATION OF DATA

The periods of conservation of the personal data of the users by Cultura Viva will be different depending on the purpose of the treatment, therefore the data will be kept while a contractual relationship is in force for the provision of products and services between the Culture companies Viva and the users and / or as long as the users do not request the elimination of personal data from Cultura Viva. Likewise, users understand and accept that certain personal data must be kept by Cultura Viva by legal regulations and according to the deadlines established in the legislation.

 

  • MODIFICATIONS IN THE POLICY:

Cultura Viva may make changes and update this policy based on news or legislative and jurisprudential requirements and / or due to the 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.

 

 

 

ANNEXED I

 

REQUEST FOR THE RIGHT OF ACCESS

In order to meet the request for access to your personal data processed by Cultura Viva, we request your identification data, in order to be able to prove your identity, as established by current regulations on the protection of personal data.

APPLICANT DETAILS

Mr, Mrs…………………………………………………………………………….. of legal age, residing in…………………………………………………………………………………….., District ……………………………………… Province …………………… Country…. …………, with Identity Document ……………………., of which it accompanies a photocopy, by means of this letter you express your desire to exercise your right of access, in accordance with Law 29733 of 2011 and its regulation DS No. 003-2013-JUS of 2013, as well as the General Data Protection Regulation GDPR (EU 2016/679).

 

REQUEST:

That, free of charge, access to the personal data of my ownership that are kept in the data banks of Cultura Viva is facilitated.

A copy of the Identity Document is attached to the attached sheet in order to prove my identity as the owner.

That, if this application is accepted, the requested information be sent by mail to the address indicated above.

That the information sent includes in a legible and intelligible way the data that about me are included in their databases, and those resulting from any elaboration, process or treatment, as well as the origin of the data, the assignees and the specification of the specific uses and purposes for which they were stored.

…………… Of ……………………..of 20……

 

 

 

REQUEST FOR THE RIGHT OF RECTIFICATION

In order to meet the request for rectification of your personal data processed by Cultura Viva, we request your identification data, in order to be able to prove your identity, as established by current regulations on the protection of personal data, as well as the data that you want us to rectify.

APPLICANT DETAILS

Mr/Mrs…………………………………………………………………………….. of legal age, residing at ……………………………………. ………………………………………….. ….., District …………… ………………………… Province ……… …. …….., Country…. …………, with an Identity Document of which a photocopy accompanies, by means of this letter expresses its desire to exercise its right of rectification, in accordance with Law 29733 of 2011 and its regulation DS No. 003-2013-JUS of 2013, as well as the General Data Protection Regulation GDPR (EU 2016/679).

REQUEST

That the correction of inaccurate personal data related to me that is kept stored in the data banks of Cultura Viva be carried out, free of charge.

The data that must be rectified is attached to the attached sheet, as well as the copy of the documents that prove, if necessary, the veracity of the new data. A copy of the Identity Document is attached to the attached sheet in order to prove my identity as the owner.

That the rectification of the data be sent in writing by mail to the address indicated above, or where appropriate, if the exercise of this right is considered irrelevant, a reasoned communication is sent to it. Address, in order to be able to file the claim provided for in the regulations.

In ……………………….. to …………… of … …………………………of 20……

 

 

 

REQUEST FOR THE RIGHT OF CANCELLATION

In order to meet the cancellation request of your personal data processed by Cultura Viva, we request your identification data, in order to be able to prove your identity, as established by current regulations on the protection of personal data, as well as the data that you want us to cancel.

APPLICANT DETAILS

Mr / Mrs ………………………………………. ……………………………………. of legal age, residing at ………………………………………….. …………………………………………, District ……………………………………… Province……………….. ., Country…. …………, with Identity Document, of which it accompanies a photocopy, by means of this letter expresses its desire to exercise its right of cancellation, in accordance with Law 29733 of 2011 and its regulation DS No. 003 -2013-JUS of 2013, as well as the General Data Protection Regulation GDPR (EU 2016/679).

REQUEST

Any data relating to me is kept stored in the Cultura Viva data banks, in the terms provided for in national and international regulations, free of charge.

That the admission of said cancellation is sent in writing to the address indicated above or in the event that it is not considered, it is also communicated, in a motivated way and within the period already indicated, in order to be able to file the claim provided for in the regulations.

In ……………………….. to …………… of … …………………………of 20……

REQUEST FOR THE RIGHT OF OBJECTION

In order to meet the opposition request of your personal data processed by Cultura Viva, we request your identification data, in order to be able to prove your identity, as established by current regulations on the protection of personal data, as well as the treatments you wish to object to.

APPLICANT DETAILS

Mr / Mrs ………………………………………. ……………………………………. of legal age, residing at …………………………………….. …………………………………………, District ……………………………………… Province……………….. ., Country…. …………, with Identity Document, of which it accompanies a photocopy, by means of this letter expresses its desire to exercise its right of opposition, in accordance with Law 29733 of 2011 and its regulation DS No. 003 -2013-JUS of 2013, as well as the General Data Protection Regulation GDPR (EU 2016/679).

REQUEST

Free of charge, that Cultura Viva proceed to exclude my personal data that it keeps stored in the Cultura Viva databases.

For this purpose, the reasons why this request is made are detailed. (on a sheet attached to the application)

That the admission of the opposition be sent in writing, to the address indicated above, or in the event that it is not considered, it also proceeds to communicate it, in a reasoned way and within the period already indicated, in order to be able to file the claim provided for in the regulations.

In ……………………….. to …………… of … …………………………of 20……