Terms, Conditions of Use and Privacy Policy

WE STRONGLY RECOMMEND THAT YOU READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY IN DETAIL BEFORE USING Www.communal.co

ABOUT THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

These Terms and Conditions of Use and Privacy Policy (hereinafter “T&C/PP”) constitute a binding and valid agreement that regulates the relationship between Oficinas del Perú S.A.C. (hereinafter, “COMUNAL”) and the USER, as these terms are defined later, without prejudice to other conditions and instructions that may be communicated from time to time.

The T&C/PP constitutes an entire membership contract, except with regard to a section referring to the processing of personal data, in which there is the option of accepting certain types of data processing and not others.

The T&C/PP do not generate or reflect a consumer relationship and neither do they generate any employment relationship between the Parties.

Acceptance of the T&C/PP in their entirety (with the exception indicated in the previous paragraph) is an essential requirement to access and use all or part of the URL www.communal.co, hereinafter, the WEB, as defined below. The acceptance of the T&C/PP represents your informed, prior, unambiguous and express consent to the use of the WEBSITE, in the terms in which the T&C/PP are formulated.

COMUNAL reserves the right to limit, restrict or deny access to the WEB, in case of non-acceptance of the T&C/PP. The T&C/PP fully replace any agreements or contracts concluded with COMUNAL previously.

The Privacy Policy, specifically detailed in clause IV (hereinafter, “PRIVACY POLICY”), jointly regulates and governs the processing of personal data collected through the WEB. The PRIVACY POLICY is part of the T&C/PP.

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LEGAL CONDITIONS FOR THE ACCEPTANCE OF THE T&C/PP

To accept these T&C/PP, the USER acknowledges that they comply with the following:

You are of legal age, in accordance with the LAW. If you are a minor, please refrain from using the WEBSITE.
He is proficient in the Spanish language.
He is in full use of his mental powers and does not suffer from a vice that affects his reasoning, understanding and expression of will. Therefore, it has full civil capacity, in accordance with the LAW.
Have read the T&C/PP in full.
Act and declare only for yourself and not on behalf of third parties or minors in accordance with LAW.

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GLOSSARY‍

The following terms, whether in the plural or singular, as long as they are used in these Terms and Conditions, shall have the following meaning:

PERSONAL DATA: These are those described in section III of the T&C/PP.
USER: Person who makes use of the WEB or WEB, as these terms are defined later.
LAW: Legal system of the Republic of Peru.
LPDP: It means, together, Law 29733, Personal Data Protection Act, its regulations, Supreme Decree 003-2013-JUS, the regulatory provisions that may be amended from time to time and any regulatory provision of the Peruvian legal system that regulates the processing of personal data in the Republic of Peru.
PRIVACY POLICY: Set of provisions that COMUNAL applies to ensure the secure and confidential treatment of personal data through the WEB, contained in clause IV of this document and which for all intents and purposes are understood to form an integral part of the T&C/PP.
T&C/PP: The textual content of this document, as well as any changes that may occur in the future.
COMMUNAL: Means Offices of Peru S.A.C., a company incorporated in the Republic of Peru, with Single Taxpayer Registry No. 20552350589, registered for these purposes at Avenida Alfredo Benavides No. 1180, Floor 6, Department 602, district of Miraflores, province and department of Lima, registered in registration number 13004756 of the Registry of Legal Entities of Lima and Callao.
WEB or WEB: URL www.communal.co
They are parties to this agreement, (hereinafter, the “Agreement”)
- COMMUNAL
- THE USER
All of them may be referred to, together, as the “Parties”.

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PURPOSE OR OBJECT‍

The T&C/PP governs and regulates the use of the WEB so that the USER can access and use the WEB.
The use of the WEBSITE by the USER is free of charge. It must be used responsibly and in accordance with LAW. COMUNAL will not assume any type of responsibility derived from the way in which the USER uses the WEBSITE.

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PROCESSING OF PERSONAL DATA‍

The following statements describe the processing of personal data that COMUNAL carries out with the USER'S PERSONAL DATA. They are explicit in order to provide prior, express, informed and unambiguous information, intended for the USER to evaluate it and decide to give or not to give their consent. WE STRONGLY RECOMMEND READING THEM BEFORE ACCEPTING THE T&C/PP.

NECESSARY TREATMENT
- COMUNAL, through the WEB, may collect, store and process all or some of the following PERSONAL DATA: Identity document, names, surnames, age, sex, email, address, telephone number, photographs, digital fingerprints, biometric data, geolocation, consumption habits, bank card numbers, identification of banking institutions, economic income.
- PERSONAL DATA may be used by COMUNAL for the following types of personal data processing: collection, storage, organization, elaboration, modification, extraction, consultation, use, blocking, national transfer, international transfer (Salesforce.com, Inc.), preparation of statistical information, profiling, making contacts (calls, messages and emails) for the purpose of informing, advertising or disseminating COMUNAL products and services, receiving complaints, suggestions and/or complaints.
- PERSONAL DATA will be stored by COMUNAL in databases duly registered in the National Register of Databases managed by the National Directorate for Transparency, Access to Public Information and Protection of Personal Data. The storage will be carried out through their own servers or through third-party servers.
- If third-party servers are used for the storage of databases by technological means, it will be done with the company https://www.salesforce.com/company/privacy/ and will be governed by the terms and conditions that they establish in their respective Terms and Conditions or contracts, which you can learn about by clicking on the links that appear in the PRIVACY POLICY, which we strongly recommend reading before accepting these T&C/PP.
- The storage and processing time of PERSONAL DATA will last until you revoke or withdraw your consent. Once this has happened, they will be destroyed by COMUNAL and each of the third parties who have been responsible for their treatment will be ordered to destroy them. Notwithstanding this, they may be maintained to fulfill obligations deriving from legal mandates and only for the time necessary to do so.
- The USER may exercise their rights of updating, inclusion, rectification, deletion, opposition, objective treatment and any other that the LPDP recognizes as the owner of personal data, by sending a communication to Av. Alfredo Benavides No. 1180, Floor 6, Department 602, district of Miraflores, province and department of Lima. This communication must include all of the following: a) names and surnames of the right holder and their accreditation. In case of acting through a legal representative, you must, in addition, attach a copy of the legal representative's ID and the title that accredits the representation; b) Specific request that gives rise to the request; c) address or electronic address, in order to receive the corresponding answers or notifications; d) Date and signature of the applicant; e) Documents supporting the request, if applicable.
- COMUNAL will respond to requests received as indicated in the previous paragraph, within the deadline established by the LPDP.
- The collection of PERSONAL DATA, with the exception of the OPTIONAL TREATMENT indicated in section 2 below, is essential for COMUNAL to comply with the T&C/PP, so the non-acceptance of the T&C and the non-granting of consent will prevent the relationship between the USER and COMUNAL from being established.
CONSENT FOR THE NECESSARY TREATMENT
By accepting the T&C/PP and the PRIVACY POLICY, the USER authorizes and consents, in a prior, informed, free, unambiguous and express manner, to the NECESSARY PROCESSING of PERSONAL DATA, in the terms in which this has been reported in the previous section and within the framework of the PRIVACY POLICY.

PRIVACY POLICY

COMUNAL is firmly committed to carrying out the greatest management, legal and technological efforts to ensure the confidential and secure treatment of PERSONAL DATA. In this regard, its management is subject to the provisions of the LAW and the LPDP.
COMUNAL will keep administrative, legal and technological measures in place with the intention of carrying out a secure and confidential treatment of personal data through the WEB. However, COMUNAL cannot guarantee that PERSONAL DATA is completely free from unauthorized and illegal access and processing committed by third parties outside COMUNAL, due to the natural risks of using the Internet. In this sense, it must be understood for all intents and purposes that the implementation of these administrative, legal and technological measures constitute the duties of MEANS and not of RESULTS. As a result, Comunal's liability in the event that such risks occur and they generate any type of damage or injury, is limited to what is established in clause VI of this document.
COMUNAL processes PERSONAL DATA while respecting the rights of the owners of the PERSONAL DATA granted to them by the LPDP and the LAW.
COMUNAL may transfer personal data abroad (cross-border flow of personal data) to the following recipients (hereinafter, “EXTERNAL RECIPIENTS”): https://www.salesforce.com/company/legal/sfdc-website-terms-of-service/. For these transfers, COMUNAL has signed the terms and conditions and privacy policies of the EXTERNAL RECIPIENTS, whose scope can be found at https://www.salesforce.com/company/legal/sfdc-website-terms-of-service/. We strongly recommend that before accepting the T&C/PP this PRIVACY POLICY and the T&C/PP carefully review these links, as the processing of PERSONAL DATA will be subject to these terms and conditions.
This PRIVACY POLICY and that of EXTERNAL RECIPIENTS may be modified in the future (to all of them, hereinafter, the “MODIFICATIONS”). In such cases, COMUNAL will send a message to the email address that the USER has registered. Through this message you will be able to fully access and know the MODIFICATIONS. We recommend that you carefully and carefully review the MODIFICATIONS before updating the WEBSITE. If they do not agree with them, the USER will have the right to revoke their consent through the mechanism established in paragraph III.1.f described above. If this is not done, it will be understood for all intents and purposes that you have accepted the MODIFICATIONS. Acceptance of the MODIFICATIONS is necessary for the execution and use of the WEBSITE. You are free to accept them or not to accept them. However, in case of non-acceptance, COMUNAL could not be unable to continue with the services of the WEBSITE.
By accessing and browsing the WEB, you accept that cookies may be installed on your computer, tablet or mobile device. Cookies will not be automatically uninstalled, since the USER is solely and exclusively responsible and responsible for the uninstallation. The USER is free to accept the download or installation of the cookies that COMUNAL manages. However, in case of non-acceptance, COMUNAL may be prevented from providing the benefits of the WEBSITE or even its use.
The following list shows the third-party cookies that are set, the purposes for which they are used and the links to web pages where you can find more information about them:

Type of Cookie: From site
Provider or owner: Google Analytics - Google LLC
What is it used for: It provides data and reports on everything that happens on our website: visitors, unique users, conversions, length of visits, duration of sessions, how they arrived at our website
Reference link: https://marketingplatform.google.com/about/analytics/

Type of Cookie: From site
Provider or owner: Google Tag Manager - Google LLC
What is it used for: It offers tag management.
Reference link: https://marketingplatform.google.com/about/tag-manager/

Type of Cookie: From site
Provider or owner: Google Adwords - Google LLC
What is it used for: Improve advertising. The cookies themselves do not contain personally identifiable information. Depending on the publisher and user settings, information associated with cookies used in advertising can be added to the user's Google account.
Reference link: https://support.google.com/adsense/answer/7549925?hl=en
COMUNAL does not manage third-party cookies and is not responsible for them or for the processing of personal data they carry out. By accepting the T&C/PP, you accept the installation of third-party cookies. We strongly recommend that you carefully and carefully review the reference links in the table above, before accepting the T&C/PP.
COMUNAL is concerned that the personal data banks where it stores PERSONAL DATA have strict security measures that seek to guarantee confidential treatment within the terms and scope provided for in the LPDP. PERSONAL DATA will be stored in COMUNAL's databases, even after the definitive completion of the use of the WEBSITE, as long as it is reasonable for the fulfillment of post-contractual obligations, meeting the requirements of public authorities and statistical purposes.
COMUNAL guarantees respect for the rights of the owners of PERSONAL DATA enshrined in the LPDP, so that they can be exercised in the broadest manner and at no cost. The procedure for its exercise and the deadline and formalities for its care are duly described in section III.1 of these T&C/PP. We strongly recommend reading the T&C/PP for this purpose.
COMUNAL will communicate any changes to the processing of personal data that it requires, as well as to the PRIVACY POLICY, no less than 20 calendar days in advance, in order to provide clear and timely information on the new conditions and obtain the corresponding prior consent of the owner of the PERSONAL DATA in accordance with the requirements of the LPDP. The notice will be made in any of the following ways: a) In writing, to the address or email provided or informed by THE USER, b) by telephone communication whose audio will be duly recorded; e) through the downloaded application or through any other electronic or virtual mechanism.
The storage and processing of PERSONAL DATA will last for the duration of the use of the corresponding WEBSITE and for up to five (05) following years. Such treatment will be subject to the scope and limitations of the consent granted by the owner of the PERSONAL DATA.
As long as it is a virtual WEBSITE, which does not allow direct physical treatment between COMUNAL and the owner of PERSONAL DATA, COMUNAL will collect and process PERSONAL DATA based on the presumption of good faith that whoever provides them is of legal age, is proficient in the Spanish language, is in full use of their mental powers, has full civil capacity and is the owner of PERSONAL DATA or acts as a representative of the owner of the PERSONAL DATA that he provides, if they are owned by third parties. Therefore, COMUNAL is not responsible and cannot be held responsible for any damages caused as a result of the provision of PERSONAL DATA from third parties without their consent under the terms required by the LPDP.

CESION‍

COMUNAL may assign its rights, obligations and contractual position to third parties, in whole or in part, and must communicate this to the USER within a period not exceeding ten (10) business days after the transfer occurred.

The USER cannot assign their rights and obligations accepted in the T&C/PP, or their contractual position, without the prior written consent of COMUNAL.

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LIMITATION OF LIABILITY‍

Any possible compensatory claim against COMUNAL for any damages that are claimable under the LAW will be limited only by direct damages that have been duly accredited and recognized by a court judgment as res judicata and up to a maximum of one (01) Tax Unit (ITU) in force at the time of the alleged event considered to have generated the injury or damage.
COMUNAL will not be responsible for larger sums, indirect or consequential damages or loss of profits. For all purposes, it will be understood that the USER expressly waives any compensatory claim for amounts, reasons and causes that are not expressly contemplated in this clause.

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ADDRESS, APPLICABLE LAW AND DISPUTE RESOLUTION‍

By accepting the T&C/PP, the USER declares to have read, know and abide by the following provisions and is subject to the following rules, renouncing other legislation and jurisdiction that may be applicable to him:

The USER declares that their address for all the purposes of these T&C/PP is the one indicated in their identity document and that if they change it, they must inform COMUNAL by written communication addressed to the address indicated in the COMMUNAL definition found in the GLOSSARY. The change in the address will be considered to have occurred five (5) business days after receiving the notification from COMUNAL. Any change of address not reported in these terms will not be enforceable.
The address of COMUNAL is the one that appears in the COMMUNAL definition in the GLOSSARY. This may be changed by updating the T&C/PP or by sending an email to the USER at the email address they registered when accepting the T&C/PP. The change will take effect 5 business days after the communication is sent.
The legislation that governs the T&C/PP in all its aspects is the LAW.
If the USER has a difference or controversy with COMUNAL, he will try to resolve it in a friendly and direct manner. If this is not possible, the USER must submit it to legal arbitration, which will be administered by the Arbitration Center of the Lima Chamber of Commerce, under its Arbitration Rules. The dispute will be heard and resolved by means of an arbitral award issued by a sole arbitrator who will be appointed by the Lima Chamber of Commerce, within a period not exceeding seven calendar months from the date on which the claim is filed.