TERMS AND CONDITIONS

WE STRONGLY RECOMMEND TO THOROUGHLY READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY IN DETAIL BEFORE USING www.comunal.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, “COMMUNAL”) and the USER, as these terms are defined later, without prejudice to other conditions and instructions communicated in a timely manner

The T&C/PP constitute an adhesion contract in its entirety, with the exception of a section referring to the processing of personal data, in which there is an option to accept certain types of data processing and not others.

The T&C/PP do not generate or reflect a consumption relationship, nor do they generate any labour relationship between the Parties.

The acceptance of the T&C/PP in its entirety (with the exception indicated in the previous paragraph) is an indispensable requirement to access and use the URL www.comunalcoworking.com, whether partially or in total, the WEB or TOOL, as these are defined later. The acceptance of the T&C/PP represents your informed, prior, unequivocal and express consent for the use of the TOOL, in the terms in which the T&C/PP are formulated.

COMUNAL keeps the right to limit, restrict or deny access to the TOOL in case of non-acceptance of the T&C/PP. The T&C/PP completely replace any agreements or contracts previously entered into with COMUNAL.

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

LEGAL CONDITIONS FOR THE ACCEPTANCE OF T&C/PP

By accepting these T&C/PP, the USER acknowledges:

  • To be an adult in accordance with the LAW. If you are a minor, please refrain from using the TOOL.
  • To be proficient in the Spanish language.
  • To be in full use of his mental capacity and to not suffer from any condition or situation affecting his reasoning, understanding and manifestation of will. Therefore, the USER has full civil capacity according to the LAW.
  • To have read the T&C/PP in its entirety.
  • To act and declare only on his behalf and not on behalf of third parties or minors under the LAW.
  1. GLOSSARY

    The following terms, whether in the plural or singular, while used in these Terms and Conditions, shall have the following meaning:

    1. PERSONAL DATA: Are those described in the T&C/PP, Section III.

    2. USER: Person who uses the WEB or TOOL, as these terms are defined later.

    3. LAW: Laws of the Republic of Peru.

    4. LPDP: Means, jointly, Law 29733 (Law on Protection of Personal Data), its regulations (Supreme Decree 003-2013-JUS), the regulatory provisions that modify them from time to time and any provision in the Peruvian legal system that regulates the processing of personal data in the Republic of Peru.

    5. PRIVACY POLICY: Set of provisions that COMUNAL applies to ensure the safe and confidential processing of personal data through the TOOL, contained in clause IV of this document and that, for all purposes, is understood to be an integral part of the T&C/PP.

    6. T&C/PP: The textual content of this document, as well as any future amendments.

    7. COMMUNAL: Means Oficinas del Perú S.A.C., a company incorporated in the Republic of Peru, with Taxpayer Register Number (RUC) N ° 20552350589, domiciled for these purposes at Calle Colina, No. 107, District of Barranco, Lima, registered in the Registry File N° 13004756 of the Registry of Legal Persons of Lima and Callao.

    8. WEB or TOOL: URL www.comunal.co

    The parties to this contract (hereinafter, the “Contract”) are:

    • COMUNAL
    • The USER

    COMUNAL and the USER may be jointly referred to as the “Parties”.

  2. PURPOSE

    The T&C/PP govern and regulate the use of the TOOL so that the USER can access and use the WEB.
    The use of the WEB by the USER is free. 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 WEB.

  3. PERSONAL DATA PROCESSING

    The following statements describe the processing of personal data performed by COMUNAL with the PERSONAL DATA of the USER. These are explained to provide a prior, express, informed and unambiguous information, intended for the USER to evaluate it and decide to give or not to give his or her consent. WE STRONGLY RECOMMEND READING THEM BEFORE ACCEPTING THE T&C/PP.

    1. NECESSARY PROCESSING

      • By using the TOOL, COMMUNAL may collect, store and process all or some of the following PERSONAL DATA: Identity document, names, surnames, age, sex, email, address, telephone, photographs, fingerprint, biometric data, geo-localization, consumption habits, bank card numbers, identification of banking entities and economic income.

      • PERSONAL DATA may be used by COMUNAL for the following types of personal data processing: collection, storage, organization, processing, modification, extraction, consultation, use, blocking, national transfer, international transfer (Salesforce.com, Inc.), preparation of statistical information, preparation of profiles, making contact (calls, messages and emails) with the purpose of informing, publicizing or disseminating the products and services of COMUNAL, receiving complaints, suggestions and/or complaints.

      • PERSONAL DATA will be stored by COMUNAL in data banks duly registered in the National Registry of Data Banks (Registro Nacional de Bancos de Datos) administered by the National Directorate of Transparency, Access to Public Information and Personal Data Protection (Dirección Nacional de Transparencia, Acceso a la información Pública y Protección de Datos Personales). The storage will be made using COMUNAL’s own servers or through third-party servers.

      • If third-party servers are used to store data banks by technological means, this will be done with the company https://www.salesforce.com/company/privacy/ and will be governed by the terms and conditions established in their respective Terms and Conditions or contracts, which can be accessed in the links included in the PRIVACY POLICY, which we strongly recommend reading before accepting these T&C/PP.

      • The maximum term of storage will be five (5) years. Once this term elapses, they will be destroyed by COMUNAL and each of the third parties to whom their processing had been ordered will be instructed to destroy them.

      • THE USER may exercise his rights to update, include, rectify, delete, oppose, objective processing -and any other that the LPDP may grant as the owner of personal data- by sending a communication to Calle Colina No. 107, Barranco district, province and region of Lima. Said communication must include all of the following: (a) names and surnames of the owner of the right and the corresponding accreditation. If acting through a legal representative, you must additionally attach a copy of the ID (DNI) of the legal representative and the instrument evidencing representation; (b) specific request; (c) domicile or electronic address in order to receive the corresponding answers or notifications; (d) date and signature of the applicant; and, (e) documents supporting the request, if applicable.

      • COMUNAL will respond the requests received that are in accordance with the terms in the previous numeral within the term established by the LPDP.

      • PERSONAL DATA compilation, except for section 2 below, is essential for COMUNAL to comply with the T&C/PP, therefore non-acceptance of the T&C and non-granting of consent will prevent the relationship between the USER and COMMUNAL to be established.

    2. CONSENT FOR NECESSARY PROCESSING

      By accepting the T&C/PP and the PRIVACY POLICY, the USER previously, informedly, freely, unequivocally and expressly authorizes and consents the NECESSARY PROCESSING of the PERSONAL DATA, in the terms indicated in the previous section and within the framework of the PRIVACY POLICY.

  4. PRIVACY POLICY

    1. COMUNAL is firmly committed to carrying out its best management, legal and technological efforts to ensure the confidential and safe processing of PERSONAL DATA. In this regard, COMUNAL will conduct its actions to the provisions of the LAW and the LPDP.

    2. COMUNAL will implement and maintain administrative, legal and technological measures with the intention of carrying out a safe and confidential processing of personal data by means of the TOOL. Nevertheless, COMUNAL -given to the natural risks of using the Internet- cannot guarantee that the PERSONAL DATA is completely free of unauthorized and illegal accesses and processing committed by third parties other than COMUNAL. In this regard, it must be understood for all purposes that the implementation of these administrative, legal and technological measures constitutes a BEST EFFORTS obligation and not a GUARANTEED RESULTS obligation. Consequently, the responsibility of COMUNAL if such risks occur and generate any type of damage or loss is limited as indicated in clause VI of this document.

    3. COMUNAL processes the PERSONAL DATA respecting the rights of the PERSONAL DATA owners that the LPDP and the LAW recognize.

    4. COMUNAL may make personal data transfers abroad (cross-border flow of personal data) to the following recipients (hereinafter, “EXTERNAL ADDRESSEES”): https://www.salesforce.com/company/legal/sfdc-website-terms-of-service/. For such transfers, COMUNAL has accepted the terms and conditions and the privacy policies of the EXTERNAL ADDRESSEES, which scopes can be accessed at https://www.salesforce.com/company/legal/sfdc-website-terms-of-service/. We strongly recommend carefully reviewing these links before accepting this PRIVACY POLICY and the T&C/PP, as the processing of PERSONAL DATA will be subject to these terms and conditions.

    5. This PRIVACY POLICY and the policy of the EXTERNAL ADDRESSEES may be amended in the future (all of them, hereinafter, the “AMENDMENTS”). In such cases, COMUNAL will send a message to the email registered by the USER. Through said message you can access and fully review the AMENDMENTS. We recommend carefully reviewing the AMENDMENTS before updating the TOOL. If the USER disagrees with them, the USER will have the right to revoke his consent through the mechanism established in numeral III.1(f) described above. In case of failure to do this, it will be understood for all purposes that you have accepted the AMENDMENTS. The acceptance of the AMENDMENTS is necessary to execute and use the WEB. You are free to accept them or not. However, in case of non-acceptance, COMUNAL could be unable to continue providing the WEB services.

    6. By accessing and browsing the WEB you agree that cookies may be installed in your computer, tablet or mobile device. Cookies will not be automatically uninstalled, since the USER is the sole and exclusive responsible and responsible for the uninstallation. The USER is free to accept the download or installation of the cookies managed by COMUNAL. However, in case of non-acceptance, COMUNAL may be unable to provide the WEB services or even its use.

    7. The following list shows the third-party cookies established, the purposes for which they are used and the links to the web pages where you can find more information about them:

      COOKIE TYPE : Website
      SUPPLIER/OWNER : Google Analytics - Google LLC
      PURPOSE : Facilitates data e reports about everything happening in our webpage: visitors, single users, conversions, duration of the visits, duration of the sessions, how our web was reached.
      REFERENCE LINK : https://marketingplatform.google.com/about/analytics/

      COOKIE TYPE : Website
      SUPPLIER/OWNER : Google Tag Manager - Google LLC
      PURPOSE : Tag management.
      REFERENCE LINK : https://marketingplatform.google.com/about/tag-manager/

      COOKIE TYPE : Website
      SUPPLIER/OWNER : Google Adwords - Google LLC
      PURPOSE : Improve publicity. The cookies themselves do not contain personal identification information. Depending on the editor and user settings, the information associated to the cookies used in the publicity can be added to the Google account of the user.
      REFERENCE LINK : https://support.google.com/adsense/answer/7549925?hl=en

    8. COMUNAL does not manage third-party cookies and is not responsible for them nor for the processing of personal data they perform. By accepting the T&C/PP, you accept the installation of third-party cookies. We strongly recommend carefully checking the reference links in the table above before accepting the T&C/PP.

    9. COMUNAL puts its efforts for the personal data banks where the PERSONAL DATA is stored to have strict security measures that seek to guarantee the confidential processing in the terms and scope provided in the LPDP. PERSONAL DATA will be stored in the COMUNAL data banks, even after the culmination of the use of the WEB, so long as this is reasonable for complying with post-contractual obligations, complying with public authority’s requirements and for statistical purposes.

    10. COMUNAL guarantees to respect the rights of the PERSONAL DATA owners set forth in the LPDP so that they can be exercised in the broadest manner and at no cost. The procedure for their exercise and the deadline and formalities for their attention are duly described in Section III.1 of these T&C/PP. We strongly recommend reading the T&C/PP for this purpose.

    11. COMUNAL will communicate any variation to the processing of personal data that it requires to perform, as well as to the PRIVACY POLICY, with an anticipation of at least twenty (20) calendar days, in order to comply with providing clear and timely information about the new conditions and to obtain the corresponding prior consent of the PERSONAL DATA owner according to the requirements set forth in the LPDP. The notice will be made through any of the following: (a) In writing, to the domicile or email provided or informed by the USER, (b) by phone call, which will be duly recorded; (c) through the downloaded application or by any other electronic or virtual mechanism.

    12. The storage and processing of PERSONAL DATA will extend during the term of use of the corresponding TOOL and for up to five (5) after the end of the use. Said processing will be subject to the scope and limitations of the consent granted by the PERSONAL DATA owner.

    13. As this is a virtual tool that does not allow direct physical interaction between COMUNAL and the PERSONAL DATA owner, COMUNAL will collect and process PERSONAL DATA presuming in good faith that the person providing them: is an adult under the LAW; is proficient in the Spanish language; is in full use of his mental capacity; has full civil capacity; and, owns the PERSONAL DATA or acts as representative of the owner of the PERSONAL DATA provided, if the same is owned by third parties. Therefore, COMUNAL is not responsible and cannot be held liable for any damages caused as result of the provision of PERSONAL DATA of third parties without their consent in the terms required by the LPDP.

  5. ASSIGNMENT

    COMUNAL may assign its rights, obligations and contractual position to third parties, whether partially or in total, and must notify the USER within a period of no more than ten (10) business days after the assignment occurs.

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

  6. LIMITATION OF LIABILITY

    Any action for compensation against COMUNAL for any damages that may be claimed in accordance with LAW will be only limited to direct damages and up to a cap of one (1) Tax Unit (Unidad Impositiva Tributaria - UIT) in force at the time the of the event considered to generate the damage.
    COMUNAL will not be responsible for larger amounts, indirect or consequential damages or loss of future earnings/profits (daño lucro cesante). For all purposes, it is understood that the USER expressly waives any claim for compensation for amounts, reasons and causes not expressly mentioned in this clause.

  7. ADDRESS, APPLICABLE LAW AND SETTLEMENT OF DISPUTES

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

    1. The USER declares that, for all purposes of these T&C/PP, his address is the one indicated in his identity document and that any change must be informed to COMUNAL in writing to the address indicated in the “COMUNAL” definition in the GLOSSARY. Any change of the address will be understood to have occurred five (5) business days after COMUNAL has received the mentioned communication. A change of address will not be valid unless it is informed as here indicated.

    2. The address of COMUNAL is the one that appears in the “COMMUNAL” definition in the GLOSSARY. COMUNAL may change the address by updating the T&C/PP or via an email sent to the USER to the mail that he/she has registered when accepting the T&C/PP. The change will be effective five (5) business days after the communication is sent.

    3. The LAW shall govern the T&C/PP in all respects.

    4. f 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 the difference or controversy to arbitration of Law that will be administered by the Arbitration Centre of the Chamber of Commerce of Lima (CCL) and ruled by its Arbitration Regulations. The dispute will be evaluated and resolved by means of an arbitral award -issued by a single arbitrator who will be appointed by the Chamber of Commerce of Lima- within a period of no more that seven (7) calendar months from the date the suit is filed.