These privacy policies (“Privacy Policies”) regulate the ways in which VMetrix International Corporation, a joint stock company founded under the laws of the Republic of Chile, with legal residence in Santa Beatriz 100, Office 1203, Municipality of Providencia, Santiago, Chile (“VMetrix”), will handle personal information (“Personal Information”) and personal data (“Personal Data”) of Visitors to, or Users of, VMetrix websites and VMetrix V3 software offered by remote means (the term “Users” shall refer to the former and the term “Platform” shall refer to the latter).
These Privacy Policies describe in detail the way in which VMetrix compiles, uses, protects and shares the Personal Data and Personal Information of its Users. VMetrix will inform anyone who accesses and uses the Platform about these Privacy Policies.
The Privacy Policies will become effective as soon as they are accepted by the User and will remain in force until the User revokes the authorization for their use. The revocation must always be made in writing and will not be retroactive.
VMetrix may modify these Privacy Policies at any time.
Please read these Privacy Policies before accessing and/or using the Platform or registering as a user.
SECTION ONE. Compilation of Personal Data and Personal Information
1.1 In order to use the Platform, Users must complete a registration form (“Registration Form”) with Personal Data such as their full name, national identity number or tax identification number, e-mail address, business address, telephone number and other information that might be requested or be necessary for the correct use of the Platform.
1.2 Likewise, on using the Platform, the User must provide VMetrix with information about their specific needs in relation to the Platform, including the recording of calls that the User might make to the technical support service of the Platform (“Personal Information”).
1.3 The Users undertake to provide their Personal Data on the Registration Form in an accurate, precise and trustworthy manner, and to update their Personal Data any time these are modified.
1.4 The Personal Data provided by the User on the Registration Form must be precise, current and true at all times. VMetrix reserves the right to request proof and/or additional information in order to corroborate the Personal Data provided on the Registration Form, and to suspend, temporarily and/or permanently, any User whose data were not confirmed within the period indicated by VMetrix. However, VMetrix is not responsible for the veracity of the data entered on the Registration Form, since the same data have been provided by the User and are their own exclusive responsibility. In this sense, the User guarantees and is responsible, under whatever circumstance, for the truth, precision, validity and authenticity of their Personal Data.
1.5 VMetrix will be responsible for compiling the Personal Data that the User provides into a personal database. Likewise, the Personal Information of the Users will be compiled and used in the manner described in these Privacy Policies.
SECTION TWO. Personal Account
2.1 Once the User has completed a Registration Form, VMetrix will provide each User with a personal account (“Account”) to access the Platform with a password of the said User’s choice. The User will access their Account by entering their user name and personally chosen password.
2.2 The Account is personal, individual and non-transferrable, and it is expressly prohibited for the same User to register more than once or possess more than one User Account. In the event that VMetrix detects or reasonably concludes that different Accounts contain related or coinciding data, it may cancel, suspend or deactivate any related Accounts without granting any right for complaint on the part of the official Users of the aforementioned Accounts.
2.3 The User will be solely responsible for the care and good use of their Account, and for the safekeeping of their protected password. If for any reason a User believes that their password has been breached, they should change it by entering the option to modify password provided for such purposes on the Platform.
2.4 The User registered on VMetrix and holding an Account explicitly permits VMetrix to access at any time, all the information contained in their Account, including, specifically and without any limitation, their Personal Data and Personal Information on their interests, tastes, contacts and/or any other content housed in their Account and Registration Form
SECTION THREE. Use of Personal Data and Personal Information
3.1 By accepting the Privacy Policies, the User declares that:
• VMetrix is authorized to verify, compile, process, use and share the User’s Personal Data in accordance with these Privacy Policies and Chilean Law N°19,628 on the Protection of Private Life.
• VMetrix is authorized to compile and process the User’s Personal Data and Personal Information for the purposes of developing internal studies on the interests, behavior and demographics of Users in order to further development of the Platform.
• VMetrix is authorized to send the User information or advertisements to their e-mail relating to services provided by VMetrix. This might include personal passwords to be used on the Platform, reminders of expiration dates on payments and other obligations acquired from using the Platform. The User may always request to be removed from the mailing list for promotional and/or advertising information, by means of an e-mail to firstname.lastname@example.org.
• Calls made to the Platform’s technical support service may be recorded in order to supervise the Service offered by VMetrix; any queries, suggestions or complaints may be referred to the relevant agency; serious situations that may be reported will be investigated in depth; and to improve the operational efficiency of this service to the User.
• VMetrix is authorized to hand over the User’s Personal Information and Personal Data for the purposes of complying with applicable regulations and cooperating with judicial and/or governmental authorities, insofar as VMetrix considers it necessary and sufficient in relation to any kind of investigation of a crime or a fraud, infringement of industrial or intellectual property rights, or any other activity deemed illegal or that might hold VMetrix or its Users legally responsible. VMetrix may exercise this right for the purposes of cooperating in the fulfillment or enforcement of the law, independent of whether there exists a judicial or administrative warrant to that effect.
• [The User] agrees to be the only party responsible for all the actions that take place while using the Account, including the responsibility for payment of any fees subsequently incurred or damages that other Users and/or third parties might sustain as a result.
3.2 VMetrix will compile, use and share the User’s Personal Data and Personal Information in order to safeguard Users and ensure that the Services are provided correctly.
In this way, VMetrix may use the information compiled to:
• Create and update the User Account.
• Verify the identity of the User.
• Check the accuracy of the Personal Data of the Users.
• Process and/or facilitate payment for Services (Price, and/or Rate).
• Allow VMetrix and the User to communicate with each other on any matter that might arise during the provision of the Service.
• Enable the technical support service of the Platform to contact the User so that the Service might be provided efficiently and rapidly.
• Carry out tests, research and analysis regarding the provision of Services and about the products acquired by the Users.
• Send the Users information about new Services and their updates.
• Use the Personal Information in the User accounts for the purposes of preventing and identifying fraud, risky situations or dangerous activities, that is, practices that VMetrix and/or Users consider indicate a threat to the security of the Platform. In such situations, VMetrix is within its right to deactivate such accounts.
SECTION FOUR. Security and Storage of Personal Data
4.1 VMetrix will handle the Personal Data of its Users in accordance with the stipulations of Chilean Law N°19,628 on the Protection of Private Life while always respecting the fullest exercise of the fundamental rights of Users.
4.2 VMetrix considers the Personal Data and other Personal Information of its Users as an asset to be protected against any loss or unauthorized access: for this reason, it will take all necessary measures to safeguard them by means of the implementation of efficient mechanisms of data security, such as firewalls and Secure Socket Layers (SSL). VMetrix is obligated to comply with all applicable regulations pertaining to security measures for Personal Data, utilizing industry standards regarding the matter of the protection and confidentiality of Personal Information.
4.3 However, taking into consideration that the Internet is a system open to public access, VMetrix cannot guarantee that unauthorized third parties will not eventually breach the security barriers and make undue use of the Personal Information and/or Personal Data of the User.
4.4 The User expressly acknowledges and accepts that VMetrix, using their own judgment, collate, store and eventually monitor the exchange of messages and electronic mail between Users conducted on the Platform, with the objective of contributing to the security of the relationships and communications developed through the Platform.
4.5 VMetrix is not responsible for illegal interceptions or violations of its systems or databases by unauthorized parties. Neither is VMetrix responsible for the undue use of the information obtained by these means.
4.7 VMetrix may store the Personal Data and Personal Information of the Users for a period of five (5) years, for the purposes of safeguarding against and enabling the resolution of possible disputes or complaints, detecting problems or incidents and resolving them, and fulfilling the stipulations of the Terms and Conditions.
SECTION FIVE. Statement on Cookies
5.1 Cookies (henceforth “Cookies”) are small files that are stored on the User Platform that are designed to hold a quantity of data specific to a User and online media. This enables the Platform to function properly.
5.3 The User who decides to eliminate the Cookies must configure their Account to this effect by means of the controls on their device.
5.4 It must be borne in mind, in the event that either VMetrix or companies associated or affiliated with it make use of the Cookies and other similar identification technologies, that their main objective is to understand the behavior of their Users so as to offer them an integrated, personalized, secure service.
5.5 Thus, VMetrix will use the following Cookies:
• Behavioral Cookies: these provide the functionality and operation of the Platform, such as, for example, enabling the User to access their Account.
• Security and integrity Cookies: those that allow the company to offer Users a safe and protected site in keeping with the preferences recorded in their Account. This avoids any person except the specific User having access to it.
• Research and analysis Cookies: those that improve the service provided to Users in their access to the Platform. It enables the keeping of a personalized registry for each User through the configuration set up by them in their Account; once this information is obtained, the traffic on the Platform may be analyzed for likes and preferences. This allows products and services to be improved.
• Marketing Cookies: those Cookies used to present relevant advertisements and analyze the efficiency and effectiveness of publicity campaigns.
SECTION SIX. Rights of Access, Modification, Rectification and Elimination of Personal Data
6.1 Users may exercise the right to access, modify, rectify and eliminate their own Personal Data, including their e-mail address, as well as to oppose the processing of their data and to be informed of the surrender and/or international transfer of their Personal Data, in accordance with the stipulations in Chilean Law N°19,628 on the Protection of Private Life.
6.2 In accordance with the stipulations in Article 12 of Chilean Law N°19,628, the User, official owner of the Personal Data and having presented proof of identity, may exercise the right to access, modify, rectify and/or eliminate their Personal Data, free of charge, a service that must be provided with two (2) days of the request having been made.
6.3 The request to access, modify, rectify and/or eliminate Personal Data must be submitted by electronic mail to email@example.com, and include complete name, national identity number or tax identification number, and mobile telephone number. Without prejudice to the changes made, VMetrix retains the previous personal information for motives of security and fraud prevention.
6.4 In the case of violation of the preceding dispositions, Users may petition the judge of first instance in the Santiago Civil Court requesting the protection of the rights consecrated in Chilean Law N°19,628.
SECTION SEVEN. Minors
7.1 The website will only be used by persons over the age of 18 years, thereby prohibiting the entry of minors of less than 18 years of age.
7.2 VMetrix reserves the right to verify, through whatever means it considers most appropriate, the real age of any User.
7.3 On the suspicion that a User might be a minor under 18 years old who has entered falsified data on the Registration Form, VMetrix may reject the said Registration Form and/or cancel the Account, without any right to complaint on the part of the affected User.
SECTION EIGHT. Legal Requirements/ Petitions/Procedures
8.1 VMetrix will cooperate with the competent authorities and with third parties to guarantee the fulfillment of the regulations in force, for example, in such matters as the protection of industrial and intellectual property rights, the prevention of fraud, and others.
8.2 In this context, VMetrix may disclose the Personal Information and Personal Data of its Users in the event that this is requested by the competent judicial or governmental authorities for the purpose of their investigations, despite the lack of a warrant or a judicial or executive citation, as well as in the event of an investigation of a criminal or fraudulent nature or associated with computer hacking or the violation of copyright. In such situations, VMetrix will collaborate with the competent authorities with the aim of safeguarding the integrity and security of the community and those of its Users.
8.3 For these purposes, VMetrix may provide any Personal Information and/or Personal Data pertaining to its Users, with the aim of complying with the relevant regulations and cooperating with the competent authorities, to the extent that they deem it necessary and sufficient in relation to any investigation into an illicit activity or fraud, the violation of industrial or intellectual property rights, or other activity considered illegal or for which VMetrix or its Users might be held legally responsible. VMetrix will exercise this right for the purposes of cooperating in the fulfillment and execution of the law, independent of the fact that no judicial or administrative warrant has been issued to this effect.
8.4 Additionally, VMetrix reserves the right (and the Users expressly authorize it) to communicate information to organizations or third parties when there exists sufficient motive to believe that the activity of a User is suspected of trying to commit a crime or harm other persons. VMetrix will exercise this right at their own discretion, when it deems appropriate or necessary to uphold the integrity and the security of the community and its Users; to fulfill the Terms and Conditions and the Privacy Policies of its Platform; and, for the purposes of cooperating in the enforcement and fulfillment of the law. VMetrix will exercise this right to cooperate in the fulfillment and enforcement of the law, regardless of the fact that there might not be a judicial or administrative warrant to that effect.
SECTION NINE. Changes in email and SMS preferences
9.1 Without prejudice to the fact that VMetrix wants to keep its Users informed at all times on offers, new products, products on sale, etc., the Users may always choose the emails and promotional material that they want to receive from VMetrix.
9.2 In the event that the User does not want to receive such material, they may request it by changing their email preferences according to the instructions provided by VMetrix in its correspondence, or through their Account, by selecting that information that they do desire to receive.