Privacy Policy of Grupo Comercializador de Flores SAC

  1. Introduction

Grupo Comercializador de Flores SAC, identified with RUC No. 20507795642, domiciled for these purposes at Av. La Mar No. 390, district of Miraflores, province and department of Lima (hereinafter " KUKYFLOR " or "We"), collects in this Privacy Policy document (the “Policy”).

KUKYFLOR is committed to protecting privacy and complying with the relevant laws on the protection and privacy of personal data that it may collect from its website " ", as well as other documents and / or forms (hereinafter, the "Platform").

  1. Goal

This Policy explains how KUKYFLOR processes the personal data of people who access the Platform.

KUKYFLOR is aware of the high importance of the privacy of our users and of all those people who are interested in the services offered. Being consistent with this consideration, we are committed to respecting your privacy and protecting the confidentiality of your private information and personal data. For this reason, through this Policy, we inform our users of the way in which the personal data provided to KUKYFLOR is collected, processed and protected .

Nonpublic personal information does not include information that is available through publicly accessible sources. These are understood as the means of electronic, optical and other technology communication designed to provide information to the public and open to general consultation, telephone directories, newspapers and magazines, social media, professional lists, directories of anonymized jurisprudence, the Public Registries managed by the National Superintendence of Public Registries as well as any other registry or data bank qualified as public in accordance with the law, the Public Administration entities in relation to the information that must be delivered in application of the Law Nº 27806, Law of Transparency and Access to Public Information.

  1. Regulatory framework

It includes the following regulations, as well as their modifications over time:

  • Political Constitution of Peru.
  • Personal Data Protection Law, approved by Law No. 29733 (the “Personal Data Protection Law”).
  • Regulations of Law No. 29733, Personal Data Protection Law, approved by Supreme Decree No. 003-2013-JUS (the “Personal Data Protection Law Regulations”).
  • Information Security Directive, approved by Directorial Resolution No. 019-2013-JUS/DGPDP.

In accordance with the Personal Data Protection Law and the Personal Data Protection Law Regulations, personal data is understood to be any information about a natural person that identifies or makes them identifiable through means that can be reasonably used.

On the other hand, the processing of personal data is understood as any operation or technical procedure, automated or not, that allows the collection, registration, organization, storage, conservation, processing, modification, extraction, consultation, use, blocking, deletion, communication by transfer or dissemination or any other form of processing that facilitates the access, correlation or interconnection of personal data.

  1.     Guiding principles of personal data processing

KUKYFLOR 's Privacy Policy is governed by the guiding principles established in the Personal Data Protection Law and the Regulations of the Personal Data Protection Law, as detailed below:

  • Principle of legality: the collection of the personal data of our users by fraudulent, unfair or illegal means is rejected.
  • Principle of consent: in the treatment of the personal data of our users, their consent will mediate.
  • Principle of purpose: The personal data of our users will be collected for a specific, explicit and lawful purpose, and will not be extended to another purpose that has not been unequivocally established as such at the time of its collection.
  • Principle of proportionality: all processing of personal data of our users will be adequate, relevant and not excessive for the purpose for which they were collected.
  • Principle of quality: Personal data will be true, exact and, as far as possible, up-to-date, necessary, pertinent and adequate with respect to the purpose for which they were collected.
  • Security principle: they will be kept in such a way that their security is guaranteed and only for the time necessary to fulfill the purpose of the treatment.

KUKYFLOR declares that they have the appropriate security measures in place and in accordance with the treatment to be carried out, as well as adopting the necessary technical, organizational and legal measures to guarantee the confidentiality of personal data.

  1. What are your rights?

You have the right to know what personal data we hold about you. You have the right to demand that your personal data be deleted or updated if it is found to be incomplete, incorrect or out of date or if it is unnecessary. You have the right to request that we stop processing your personal data. Clients/users can communicate with KUKYFLOR in order to exercise their rights of information, access, rectification, cancellation and opposition in the terms included in the current Peruvian legislation.

You can exercise your rights by contacting us through  [email protected] . In some cases, especially if you want us to delete your personal data or stop processing it, it may also be understood that we may not be able to continue to provide services to you. Please note that it may be necessary for KUKYFLOR to identify you and ask for additional information in order to fulfill your request. Also, please note that the relevant rules may include restrictions and other provisions that relate to your rights.

  1. Time of conservation of your personal data

The personal data collected by KUKYFLOR will be kept exclusively for the time necessary to fulfill the purpose for which they were collected, respecting the Quality Principle, established in article 8 of the Personal Data Protection Law and the other provisions of the Regulation of the Personal Data Protection Law.

KUKYFLOR will not store personal data when any of the following events occurs:

  • When you become aware of the inaccurate or incomplete nature of the personal data collected. Without prejudice to the rights of the owner in this regard, KUKYFLOR will delete and replace or, where appropriate, complete the personal data being processed.
  • When the personal data is no longer necessary or relevant for the purpose for which it was collected or the term for its processing has expired, unless there is an anonymization or dissociation procedure.
  1.  What personal data do we collect?

We generally collect your personal data when you make a purchase, register for or use our products and services, take part in a campaign, or otherwise interact with us. Below are examples of the categories of data we collect.

  • Use of our products and services. When you contract our products and services KUKYFLORautomatically collects information such as your IP address, access times, website from which you connected, pages you visit, links you use, content you view, and other information that your browser provides to us. Some of our mobile services may collect your mobile device's unique identifiers, subscriber identity information, network service provider-specific identifiers, network settings, and other similar information. When you interact with us using our products and services or otherwise through telecommunications networks, your mobile network provider may transmit certain additional information to us, such as your mobile subscription number.
  •  Information you provide to us. We may ask you to provide us with information such as your first and last name, national identity document, immigration card, unique taxpayer registration number, email address, home address, electronic signature, date of birth, and gender. Please note that certain non-identifying information collected from you may become identifiable when you provide us with your personal data. Some of our services may allow you to send information about other people, for example if you place an order for a product that you want us to send directly to another recipient .
  • Transactions Between You and Us. We collect information regarding your purchase and use of our products and services, and other interactions between you and us. This information may include details of inquiries or requests you have made, products supplied, delivery details, bank account number, credit card details , billing address, credit checks and other similar financial information. , details of the agreements between you and KUKYFLOR, contact and communication records, information and details regarding the content you have provided to us and other similar transaction information. In accordance with relevant regulations, we may record your communications with our customer service or other similar points of contact.
  1. Purpose of processing personal data

The treatment of the personal data of our clients/users, which are collected by sending them through the forms of the Platform, social networks, telephone communications or in person in stores, are aimed at managing the sales of our products, answer your queries, requests, claims, complaints and the attention of any other type of information that you require through them. Likewise, other intended uses for the personal data collected are: analysis of customer profiles, statistical purposes.

All the data, except for the exceptions provided above, that are provided by the users/clients of KUKYFLOR are stored in the personal data banks owned by them and the data processing has the purpose indicated in the preceding paragraph.

KUKYFLOR has registered with the Personal Data Protection Authority the following personal data banks:

  • CLIENTS: RNPDP-PJP Registration Code No. 19294
  • EMPLOYEES: RNPDP-PJP Registration Code No. 19293
  • WEB USERS: RNPDP-PJP Registration Code No. 19439
  • COMPLAINTS AND CLAIMS: RNPDP-PJP Registration Code No. 19295

The address of the owner of the data banks ( KUKYFLOR ) is the following: Av. La Mar No. 390, district of Miraflores, province and department of Lima.

In this sense, the data banks that contain personal data are in the process of being registered in the Data Protection Registry of the Personal Data Protection Authority. The personal data provided by our clients/users may only be known and handled by the KUKYFLOR personnel who need to know said information for the purposes described above. The personal data collected by KUKYFLOR will be treated in accordance with the law and will not be used for other purposes incompatible with those established. 

  1. Consent of the Privacy Policy and its consequences of not accepting it

By accepting the terms and conditions of the Platform, as well as this Privacy Policy and the Cookies Policy, you accept the processing of your personal data in the manner explained in this Policy. If you do not accept this Policy, you will not be able to access the KUKYFLOR services and, furthermore, you will not be able to make correct use of the Platform.

  1. Declaration of users/customers on personal data of third parties

By accepting this Policy, you acknowledge and declare that in case you send personal data of third parties for the delivery of any of our products (the recipients), you have the express consent to share said personal data so that the execution of our contractual relationship.

  1. Use of the Platform for the first time or after creating the Account

Depending on your device, when you use your device for the first time an Account on the Platform may be created for you or you may be required to log in with the Account you already maintain on the Platform. During the activation process, your user code, email address, unique mobile device identifier and subscriber identity information will be sent to KUKYFLOR and we can associate this data with your KUKYFLOR Account .

  1. Do we share your personal data?

We do not sell, lease, rent or otherwise disclose your personal data to third parties except for the reasons described in article 14 of the Personal Data Protection Law.

In the same way, it is necessary that the clients/users of KUKYFLOR are aware that their personal data may be communicated by transfer to the judicial and/or police authorities, administrative entities when required by Law.

It should be noted that KUKYFLOR will not share your personal data with third parties nationwide.

Finally, in a scenario of a merger, spin-off or corporate reorganization of KUKYFLOR , it may be necessary for us to disclose personal data to prospects or buyers themselves and to their advisers or to receive personal data provided by sellers and their advisers.

  1. Do we carry out cross-border flow of your personal data?

All the personal data of the users/clients that are collected through the Platform are stored on the servers contracted by KUKYFLOR . Said servers belong to the American company DigitalOcean LLC, which is hosted at 101 Avenue of the Americas, 10th Floor, New York, NY 100013, United States of America.

Additionally, as you can see in our Cookies Policy, which can be found at the following link , the following companies also collect certain personal data from users/customers:

  • LEADAKI SA , an Argentine company located on September 11, 1888, Buenos Aires, Argentina. KUKYFLOR has contracted with this company the CLIENGO software that allows the use of the Platform chat. 
  1. How do we approach the privacy of minors?

KUKYFLOR recognizes the importance of protecting the personal data of minors. The Platform is not designed for or directed at children under 14 years of age. KUKYFLOR does not consciously process the personal data of minors without the consent of the parents or guardians. In the event that we are aware that the personal data collected corresponds to a minor without authorization, we will adopt the appropriate measures to eliminate this data as soon as possible.

  1. How do we address data quality?

We take reasonable steps to keep the personal data we hold accurate and to remove incorrect or unnecessary personal data. As certain KUKYFLOR products and services may allow you to manage your profile, we invite you to access your personal data from time to time to ensure that it is correct. Please remember that in case of changes, it is your responsibility to update the personal data that you have provided us.

  1. What measures are taken to safeguard personal data?

Privacy and security are key considerations in the creation and delivery of our products and services. We have assigned specific responsibilities to address privacy and security issues. We enforce our internal policies and guidance through the appropriate choice of activities, including both proactive and reactive risk management, security engineering, training, and assessments. We take appropriate measures to address online security, physical security, risk of data loss and other similar risks taking into account the risk posed by the processing and the nature of the data under protection.

In addition, access to our databases containing personal data is restricted to authorized persons who have a need to access such information. 

  1. How do we use cookies and web beacons?

Our Platform  uses cookies to manage user requests, collect data and have other purposes that are described in the  Cookies Policies . In the following link you will find the Cookies Policies. Cookies help us to provide you with a good experience when browsing our  Platform  and, at the same time, allow us to improve it. This is common practice on all websites. As detailed in the Cookies Policies  , Cookies  can  be accepted or rejected  by customers.

  1. external links

The Platform may contain external web links from third parties. KUKYFLOR will not be responsible for the content published in said web links, for its privacy policy or for the services that the user/client can access on said web pages. The publication of said links on the Platform may not be considered by the user/client as a recommendation or suggestion to contract the products or services that are marketed by said web pages.

  1. Staff pick

The personal data that may be sent by those interested parties, through the email indicated in the "Work with us" section, will be processed by us Therefore, everything provided in this Policy will be respected.

  1. Validity and modification of the Policy

This Policy has been updated by KUKYFLOR in November 2020. KUKYFLOR reserves the right to modify the Policy in the event of any change in current Peruvian regulations. Any changes to the policy will be published on the Platform.

We recommend our users/clients to review the Policy each time they use the Platform.

  1. inquiries

If users/clients have any questions about the Policy, they can send an email to: [email protected]

  1. Applicable Law and Jurisdiction

This Policy and any dispute or claim that may arise as a result of it is governed by Peruvian law.