Table of Contents

imaginawp.com Privacy Policy

This Web Page collects some Personal Data from its Users.

This document contains a section dedicated to California consumers and their privacy rights.

This document contains a section dedicated to Users residing in Brazil and their privacy rights.

This document can be printed as a reference using the print command in the configuration options of any browser.

Data Controller and Data Processor

IMAGINA LA WEB SAS.
Manizales – Colombia

Holder’s contact e-mail: [email protected]

Types of Data Collected

Among the types of Personal Data collected by this Web Site, either directly or through third parties, are: Usage Data; Tracker.

Complete information regarding each category of Personal Data collected is provided in the sections of this privacy policy dedicated to that purpose or through specific explanatory texts that are displayed prior to the collection of such Data.
Personal Data may be freely provided by the User or, in the case of Usage Data, will be collected automatically when using this Web Page.
All Data requested by this Web Page are mandatory and refusal to provide them may make it impossible for this Web Page to proceed with the provision of the Service. In the cases in which this Web Page specifically indicates that certain Data are not obligatory, the Users will be free not to communicate such Data without this having any consequence on the availability or operation of the Service. Users who have doubts about which Data are mandatory may contact the Owner.
The use of Cookies – or other tracking tools – by this Web Page or by the owners of third party services used by this Web Page is for the purpose of providing the Service requested by the User, in addition to any other purposes described herein and in the Cookies Policy, if available.

The User assumes responsibility for the Personal Data of third parties that are obtained, published or shared through this Web Page and hereby declares that he/she has the consent of such third parties to provide such Data to the Data Controller.

Method and place of processing of the collected Data

Treatment Modalities

The Data Controller shall treat the Users’ Data in an adequate manner and shall adopt appropriate security measures to prevent unauthorized access, disclosure, alteration or destruction of the Data.
Data processing shall be carried out by means of computers and/or IT tools, following procedures and organizational modalities strictly related to the stated purposes. In addition to the Data Controller, in some cases the Data may be accessed by certain categories of authorized persons related to the operation of this Website (administration, sales, marketing, legal department and systems administration) or external contractors providing services to the Data Controller (such as external technical service providers, courier companies, hosting companies, IT companies, communication agencies) who will be appointed by the Data Controller as Data Processors, if necessary. An updated list of such persons may be requested from the Data Controller at any time.

Legal Basis for Processing

The Data Controller may process the User’s Personal Data, if one of the following conditions is met:

• When Users have given their consent for one or more specific purposes. Notice: Under several different legislations, the Controller may be authorized to process Personal Data until the User opts out (“opt-out”), without the need for consent or any other legal basis. However, this shall not apply when the processing of Personal Data is subject to European regulations on Personal Data protection;
• When the collection of Data is necessary for the performance of a contract between the User and/or any other pre-contractual obligation of the User;
• When the treatment is necessary for the fulfillment of a legal obligation of obligatory fulfillment on the part of the User;
• When the processing is related to a task performed in the public interest or in the exercise of official powers granted to the Data Controller;
• When the processing is necessary for the purpose of a legitimate interest pursued by the Data Subject or a third party.

In any case, the Data Controller is at your disposal to define the specific legal bases that apply to the processing and in particular, if the collection of Personal Data is a contractual or statutory requirement or a necessary requirement to formalize a contract.

Location

The Data are processed at the offices of the Data Controller, as well as at any other location where the parties involved in such processing are located.
Depending on the location of the Users, Data transfers may involve the transfer of the Users’ Data to a country other than their own. For more information on the place of processing of such transferred Data, Users may refer to the section containing details on the processing of Personal Data.

Users shall also have the right to know the legal basis for transfers of Data to another country outside the European Union or to any international body governed by Public International Law or consisting of two or more countries, such as the UN, and furthermore to know the security measures taken by the Data Controller to safeguard their Data.

In the event of such transfer of Data, Users may obtain further information by consulting the relevant sections of this document or by requesting it from the Data Controller, through the contact information provided in the contact section.

Conservation period

Personal Data will be processed and kept for the time necessary and for the purpose for which it was collected.

Therefore:

• The Personal Data collected for the formalization of a contract between the Holder and the User shall be kept as such until such time as such contract has been fully formalized.
• Personal Data collected in the legitimate interest of the Data Controller shall be retained for the time necessary to fulfill such purpose. Users can find specific information related to the legitimate interest of the Data Controller by consulting the relevant sections of this document or by contacting the Data Controller.

The Data Controller may retain Personal Data for an additional period when the User consents to such processing, provided that such consent remains in force. In addition, the Data Controller shall be obliged to keep Personal Data for an additional period whenever it is required for compliance with a legal obligation or by order of an authority.

Once the retention period has expired, the Personal Data shall be deleted. Therefore, the rights of access, modification, rectification and data portability may not be exercised after the expiration of such period.

Purpose of the Processing of the Data Collected

Data relating to the User are collected to enable the Owner to provide its Service, fulfill its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as for the following purposes: Display content from external platforms, Statistics and Traffic optimization and distribution.

Users can find specific information on the Personal Data used for each purpose in the section “Detailed Information on the Processing of Personal Data”.

Detailed information on the Processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Users’ rights

Users may exercise certain rights with respect to the processing of Data by the Data Controller.

In particular, Users are entitled to do the following:

• Withdraw your consent at any time. Users have the right to withdraw their consent when it has been previously granted for the processing of their Personal Data.
• Objection to the processing of your Data. Users have the right to object to the processing of their Data if such processing is carried out on a legal basis other than consent. For more information, please refer to the relevant section below.
• Access to your Data. Users have the right to know whether their Data will be processed by the Data Controller, to obtain information on certain aspects of the processing, as well as to obtain a copy of the Data being processed.
• Verify and request modification. Users have the right to verify the accuracy of their Data and request that it be updated or corrected.
• Restrict the processing of your Data. Users have the right, in certain cases, to restrict the processing of their Data. In that case, the Data Controller will process their Data for the sole purpose of storing them.
• Delete or remove Personal Data. Users have the right, in certain cases, to obtain the deletion of their Data by the Data Controller.
• Receive your Data and transfer it to another person in charge. Users are entitled to receive their Data in a standard, structured, machine-readable format and, if technically possible, to have it transferred to another controller without hindrance. This provision shall apply provided that the Data have been processed by automated means and that the processing is based on the consent of the User, on a contract to which the User is a party or which appears in the pre-contractual obligations of the contract.
• File a claim. Users have the right to file a complaint with the competent authority for the protection of personal data.

Details on the right to object to the processing

When the processing of Personal Data is in the public interest, in the exercise of official powers granted to the Data Subject or on the grounds of a legitimate interest of the Data Subject, Users may object to such processing by explaining a reason in relation to their particular situation to justify their objection.

Users should be aware that, however, in the event that their Personal Data are processed for commercial purposes, they may object at any time to such processing without justification. In order to know whether Users’ Personal Data are being processed by the Data Controller for commercial purposes, Users should consult the relevant sections of this document.

How to exercise these rights

Any request to exercise the User’s rights may be addressed to the Holder through the contact details provided herein. Such requests will be processed by the Holder free of charge as soon as possible and always within one month.

Cookies Policy

This Web Page uses Trackers. For more information, the User may consult the Cookies Policy.

Additional information on data collection and processing

Legal defense

The User’s Personal Data may be used for the legal defense of the Holder before a court or in the judicial phases prior to a possible lawsuit derived from the inappropriate use of this Web Page or the related Services.
The User declares to be aware that the Holder may be required by public authorities in order to disclose Personal Data.

Additional Information about User Personal Data

In addition to the information contained in this privacy policy, this Web Site may provide the User with additional and contextual information relating to specific Services or to the collection and processing of Personal Data.

System log and maintenance

For operation and maintenance purposes, this Web Site and any other service provided by third parties that is used may collect a system log, i.e., files that record interaction with this Web Site and that may contain Personal Data, such as the User’s IP address.

Information not contained in this privacy policy

Additional information on the collection and processing of Personal Data may be requested at any time from the Data Controller. The contact information is indicated at the beginning of this document.

How “Do Not Track” requests are processed

This Web Site does not allow “Do Not Track” requests.
To determine whether any of the third-party services you use accept “Do Not Track” requests, please read their privacy policies.

Modification of this privacy policy

The Owner reserves the right to modify this privacy policy at any time, notifying Users through this page and, if possible, through this Website and/or if technically and legally possible by notifying Users directly, in case the Owner has the necessary contact information for this purpose. It is strongly recommended that you review this page frequently, taking as a reference the date of the last update indicated at the bottom of the page.

In the event that the changes affect the processing activities carried out on the basis of the User’s consent, the Data Controller shall obtain, if necessary, the User’s new consent.

Information for California Consumers

This part of this document is integrated with and supplements the information contained in the rest of the privacy policy and is provided by the company operating this Web Site and, where applicable, its parent, subsidiaries and affiliated companies (which, for the purposes of this section, shall be collectively referred to as “we,” “us,” “our” or “our”).

The provisions contained in this section apply to any User who is a consumer resident in the State of California, United States of America, pursuant to the California Consumer Privacy Act of 2018 (Users are hereinafter collectively referred to simply as “You”, “yours”, “yours”), and, for such consumers, these provisions supersede any other provisions that may be contrary to or conflict with the provisions contained in the Privacy Policy.

This part of this document uses the term “personal information” as defined in the California Consumer Privacy Act (CCPA).

Categories of personal information collected, disclosed or sold

In this section we summarize the categories of personal information we have collected, disclosed or sold and the purposes for which such actions are taken. You can read about these activities in detail in the section entitled “Detailed Information on the Processing of Personal Data” appearing in this document.

Information we collect: the categories of personal information that we collect

We have collected the following categories of personal information about you: Internet information.

We will not collect additional categories of personal information without notifying you.

How is the information collected: what are the sources of the personal information we collect?

We collect the above categories of personal information from you, either directly or indirectly, when you use this Web Site.

For example, you directly provide us with your personal information when you make requests through any form on this Web Site. You also provide us with personal information indirectly when you browse this Site, as personal information about you is automatically observed and collected. Finally, we may collect your personal information from third parties who collaborate with us in connection with the Service or the operation of this Web Site and its functionalities.

How we use the information we collect: sharing and disclosure of your personal information to third parties for business purposes

We may disclose the personal information we collect about you to a third party for business purposes. In this case, we enter into a written contract with such third party that requires the recipient to maintain the confidentiality of the personal information and not use it for any purpose or purposes other than those necessary for the performance of the contract.

We may also disclose your personal information to third parties when you request or expressly authorize us to do so, in order to provide our Service to you.

For more information on the purposes of processing, please refer to the relevant section of this document.

Sale of your personal information

For our purposes, the term “sale” means any “sale, lease, disclosure, disclosure, dissemination, disclosure, dissemination, making available, transfer or communication by any other means, whether orally or in writing, or by electronic means, of a consumer’s personal information by the business to another business or to a third party, for monetary or other financial consideration.”

This means that, for example, a sale can occur every time an application displays ads, or performs statistical analysis of its traffic or views, or simply because it employs tools such as social media plugins or similar.

Your right to opt out of the sale of personal information

You have the right to opt out of the sale of your personal information. This means that whenever you ask us to stop selling your data, we will honor your request.
Such requests may be made freely, at any time, without the need to submit a verifiable request, simply by following the instructions provided below.

Instructions to disable sale of personal information

If you wish to obtain further information, or to exercise your right to opt-out in respect of any of the sales made through this Web Site, both online and offline, you may contact us for further information, using the contact details provided herein.

What are the purposes for which we use your personal information?

We may use your personal information to enable the operational functioning of this Web Site and its functionalities (“business purposes”). In such cases, your personal information will be processed in a manner that is necessary and proportionate to the business purpose for which it was collected and strictly within the limits of compatible operational purposes.

We may also use your personal information for other reasons, such as business purposes (as indicated in the section “Detailed Information on the Processing of Personal Data” herein), as well as for compliance with laws and the defense of our rights before the competent authorities when our rights and interests are threatened or we suffer actual harm.

We will not use your personal information for different, unrelated or incompatible purposes without notifying you.

Your California Privacy Rights and How to Exercise Them

Right to know and portability

You have the right to request that we disclose to you:

• the categories and sources of personal information we have collected about you, the purposes for which we use your information and with whom that information is shared;
• in the case of sale of personal information or disclosure for business purposes, two lists in which we will disclose:
  • for sales, the categories of personal information acquired by each category of recipient; and
  • for disclosures for business purposes, the categories of personal information collected by each category of recipient.

The disclosure described above will be limited to personal information collected or used within the last 12 months.

If we provide our response electronically, the information included will be “portable,” meaning that it will be provided in a readily usable format that allows you to transmit the information to another entity without hindrance – as long as this is technically feasible.

Right to request deletion of your personal information

You have the right to request that we delete any personal information about you, subject to exceptions provided by law (such as, but not limited to, when the information is used to identify and repair errors on this Web Site, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights, etc.).

If no legal exception applies, as a consequence of exercising your right we will delete your personal information and instruct all our service providers to do so as well.

How to exercise your rights

To exercise the rights described above, you must submit a verifiable request to us by contacting us using the contact details provided herein.

In order for us to respond to your request, we must know who you are. Therefore, you may only exercise the above rights by making a verifiable request that must:

• provide sufficient information to enable us to reasonably verify that you are the person whose personal information we have collected or an authorized representative;
• describe your request in sufficient detail so that we can understand, evaluate and respond to it appropriately.

We will not respond to any request if we cannot verify your identity and therefore confirm that the personal information in our possession does indeed relate to you.

If you are unable to file a verifiable application in person, you may authorize a person registered with the California Secretary of State to act on your behalf.

If you are an adult, you may make a verifiable application on behalf of a minor subject to your parental rights.

You may submit a maximum of 2 applications within a 12-month period.

How and when we are expected to process your application

We will confirm receipt of your verifiable request within 10 days and provide information on how we will process your request.

We will respond to your request within 45 days of receiving it. If we need more time, we will explain to you the reasons why this is necessary and how much additional time we will need. In this regard, please note that it may take us up to 90 days to fulfill your request.

Our disclosure(s) will relate to the immediately preceding 12-month period.

If we deny your request, we will explain the reason for our denial.

We do not charge a fee to process or respond to your verifiable request, unless the request is manifestly unfounded or excessive. In such cases, we may charge you a reasonable fee or refuse to execute the request. In either case, we will inform you of your options and explain the reasons for them.

Information for Users residing in Brazil

This part of this document is integrated with and supplements the information contained in the rest of this privacy policy and is provided by the company operating this Web Site and, where applicable, its parent, subsidiaries and affiliated companies (collectively referred to in this section as “we,” “us,” “our” or “our”).
The provisions contained in this section apply to all Users residing in Brazil, in accordance with the “Lei Geral de Proteção de Dados” (hereinafter referred to as Users simply as “you”, “yours” or “your”). For such Users, these provisions supersede any other provisions that may be contrary to or conflict with the provisions contained in the privacy policy.
This part of this document uses the term “Personal Information” as defined in the General Data Protection Law (LGPD).

Reasons why we process your personal information

We may only process your personal information if we have a legal basis for such processing. The legal bases are as follows:

• Your consent to the relevant processing activities;
• Compliance with a legal or regulatory obligation incumbent upon us;
• The application of public policies established in laws or regulations or based on contracts, agreements and similar legal documents;
• The performance of studies by research entities, preferably carried out on the basis of anonymized personal information;
• The execution of a contract and its pre-contractual measures, in cases where you are a party to such contract;
• The exercise of our rights in judicial, administrative or arbitration proceedings;
• The protection or physical safety of you or a third party;
• Health protection – in procedures carried out by healthcare organizations or professionals;
• Our legitimate interests, provided that your fundamental rights and freedoms do not override such interests; and
• Credit protection.

For more information about the legal basis, you may contact us at any time using the contact details provided herein.

Categories of personal information processed

To find out which categories of your personal information are processed, you can read the section entitled “Detailed Information on the Processing of Personal Data” contained in this document.

Why we treat your personal information

To find out why we process your personal information, you can read the sections entitled “Detailed Information on the Processing of Personal Data” and “Purpose of the Processing of the Data Collected” appearing in this document.

Your privacy rights in Brazil, how to submit a request and our response to your requests

Your privacy rights in Brazil

You have the right to:

• Obtain a confirmation of the existence of processing activities of your personal information;
• Access to your personal information;
• Have incomplete, inaccurate or outdated personal information rectified;
• Obtain the anonymization, blocking or deletion of your unnecessary or excessive personal information, or information that is not being processed in accordance with the GDPR;
• Obtain information about the possibility of giving or withholding consent and the consequences of such actions;
• Obtain information about the third parties with whom we share your personal information;
• Obtain, upon your express request, portability of your personal information (except for anonymized information) to another service or product provider, provided that our business and trade secrets are protected;
• To obtain the deletion of your personal information that is being processed if the processing is based on your consent, unless one or more exceptions provided for in art. 16 of the LGPD are applicable;
• To revoke your consent at any time;
• File a complaint concerning your personal information with the ANPD (the National Data Protection Authority) or with consumer protection agencies;
• To object to a processing activity in cases where the processing is not carried out in accordance with the provisions of the law;
• Requesting clear and adequate information on the criteria and procedures used for an automated decision; and
• Request review of decisions made solely on the basis of automated processing of your personal information that affect your interests. This includes decisions that define your personal, professional, consumer and credit profile, or aspects of your personality.

You will never be discriminated against or otherwise harmed if you exercise your rights.

How to apply

You may submit your express request to exercise your rights free of charge, at any time, using the contact details provided herein or through your legal representative.

How and when we will respond to your request

We will endeavor to respond promptly to your requests.
In any case, if it is impossible for us to do so, we will make sure to inform you of the factual or legal reasons that prevent us from granting your requests immediately or even absolutely. In cases where we are not processing your personal information, we will indicate the natural or legal person to whom you should address your requests, if we are in a position to do so.

In the event that you submit a request for access to or confirmation of the processing of personal information, please be sure to specify whether you want your personal information to be provided to you in electronic or paper format.
You should also let us know if you want us to respond to your request immediately, in which case we will do so in a simplified form, or if you need a full disclosure instead.
In the latter case, we will respond to you within 15 days from the time of your request, providing you with full information about the origin of your personal information, confirmation of whether or not records exist, any criteria used in the processing and the purposes of the processing, while protecting our commercial and industrial secrets.

In the event that you submit a request for rectification, deletion, anonymization or blocking of personal information, we will ensure that we promptly communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request – except in cases where such communication is impossible or would require a disproportionate effort on our part.

Transfers of personal information outside of Brazil permitted by law

We are allowed to transfer your personal information outside the territory of Brazil in the following cases:

• When the transfer is necessary for international legal cooperation between public intelligence, investigative and judicial agencies, in accordance with the legal means established in international law;
• When the transfer is necessary to protect your life or physical safety or that of a third party;
• When the transfer is authorized by the ANPD;
• When the transfer derives from a commitment assumed in an international cooperation agreement;
• When the transfer is necessary for the fulfillment of a public policy or a legal attribution of a public service;
• When the transfer is necessary for compliance with a legal or regulatory obligation, the performance of a contract or its pre-contractual measures, or the ordinary exercise of rights in judicial, administrative or arbitration proceedings.

Last revision: December 18, 2020