Privacy Policy

I) PRIVACY AND PERSONAL DATA PROTECTION POLICY

The website WWW.VIVEROSVALPARAISO.CL, henceforth “VIVEROS VALPARAÍSO”, “WWW.VIVEROSVALPARAISO.CL” or “the website” indistinctly, informs the people who use it, from now on “users”, of this privacy and personal data protection policy.

This privacy and personal data protection policy is part of the General Terms and Conditions of Use of the website WWW.VIVEROSVALPARAISO.CL. For more information, please review the General Terms and Conditions of Use contained in the website.

Reading them will allow users to know how VIVEROS VALPARAISO collects, treats and protects their personal data.

The access, use and permanence in the website WWW.VIVEROSVALPARAISO.CL implies the acceptance of this privacy policy.

Of particular importance are the application of Law No. 19.628 on Personal Data Protection and Law No. 19.496 on Consumer Rights.

This policy, to the extent that it does not contravene Chilean legislation, is adapted to the European Data Protection Regulation (GDPR).

Definitions

Data storage: storage or custody of data in a registry, bank or database.
Statistical data: data that at its origin, or as a result of its processing, cannot be associated with an identified or identifiable owner.
Personal data or personal data: data relating to any information concerning natural, identified or identifiable persons.
Sensitive data: those personal data that refer to the physical or moral characteristics of persons or to facts or circumstances of their private life or intimacy, such as personal habits, racial origin, ideologies and political opinions, religious beliefs or convictions, physical or psychological health conditions and sexual life.
Register, bank or database: organized set of personal data, whether automated or not and whatever the form or modality of its creation or organization, that allows relating the data to each other, as well as carrying out any type of data processing.
Responsible for the registry, bank or database: the natural or legal person in charge of the decisions related to the processing of personal data, also known as the person responsible for the processing of personal data.
Data subject: the natural person to whom the personal data refer.
Data processing: any operation or complex of operations or technical procedures, whether automated or not, that make it possible to collect, store, record, organize, elaborate, select, extract, confront, interconnect, dissociate, communicate, assign, transfer, transmit or cancel personal data, or use them in any other way.

2. Principles applicable to the processing of personal data

The processing of personal data of users shall be subject to the following principles:

Principle of lawfulness, fairness and transparency: the consent of the user person will be required at all times after fully transparent information of the purposes for which the personal data are collected.
Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
Principle of data minimization: personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
Accuracy principle: personal data must be accurate and will always be kept up to date.
Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the user for the time necessary for the purposes for which they are processed.
Principle of integrity and confidentiality: personal data shall be processed in such a way as to ensure their security and confidentiality.
Principle of proactive responsibility: the person responsible for the processing shall be responsible for ensuring that the above principles are complied with.

3. Individuals responsible for the register, bank or database

The individuals responsible for the processing of personal data collected through the VIVEROS VALPARAÍSO website are:

Jazmina Manzor
Juan Andres Rivera

The individual persons, henceforth referred to as the data controllers, are jointly responsible for the processing of personal data.

The contact details of the persons responsible are:

E-mail: jmanzor@viverosvalparaiso.cl
Address: Errazruriz 1178 Dep: Errazruriz 1178 Depto 73, Valparaíso
Phone number: +56978436934

4. Collection and registration of personal data and purpose of its processing

The personal data obtained by VIVEROS VALPARAÍSO through the forms on its pages will be incorporated and processed in our databases in order to facilitate, expedite and fulfill the commitments established between VIVEROS VALPARAÍSO and the users, or to maintain the relationship established in the forms they fill out, or to respond to a request or inquiry from them.

Specifically, the data of the users will be obtained by VIVEROS VALPARAÍSO through the following actions:

At the time of making visits to the website reviewing types of plants, prices or availability of native plants, when quoting plants through special forms for that purpose and through purchases generated through a shopping cart defined for that purpose, the website will remember if any user left a shopping cart without making the purchase or will appear the products you have visited before and so other ways in which the use that the user gave the page will be recorded, this for feedback for the site.

5. Categories of personal data

The categories of data processed by VIVEROS VALPARAÍSO are only identification data. Under no circumstances are sensitive categories of personal data processed, such as the state of health of individuals or their political opinions or religious beliefs.

Sensitive data cannot be processed, except when authorized by law, when there is consent from the owner of such data or when such data is necessary for the determination or granting of health benefits that correspond to their owners.

6. Legal basis for the processing of personal data

The processing of personal data can only be carried out when authorized by law or when the owner expressly consents to it.

VIVEROS VALPARAÍSO compromises to obtain the express, written and verifiable consent of the user with respect to the personal data of which he/she is the owner, for the processing of such data for one or more specific purposes, duly informed.

The possible communication to the public of the data stored and processed will also be informed.

No authorization is required for the processing of personal data coming from or collected from sources accessible to the public, when they are of an economic, financial, banking or commercial nature, are contained in lists relating to a category of persons that are limited to indicating background information such as the individual’s membership in that group, profession or activity, educational qualifications, address or date of birth, or are necessary for direct response commercial communications or direct marketing or sale of goods or services.

Neither this authorization shall be required for the processing of personal data carried out by private legal entities for the exclusive use of themselves, their associates and the entities to which they are affiliated, for statistical, pricing or other purposes of general benefit to them.

Personal data must be used only for the purposes for which they were collected, unless they come from or have been collected from sources accessible to the public.

Sensitive data may not be processed, except when authorized by law, with the consent of the owner or when they are necessary for the determination or granting of health benefits corresponding to their owners.

The user will have the right to withdraw consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not condition the use of the Web site.

In the occasions in which the user must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the website, you will be informed if the completion of any of them is mandatory because they are essential for the proper conduct of the operation performed.

7. Retention period of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 1 year, or until the user requests its deletion.

At the time the personal data is obtained, the user will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

8. Recipients of personal data

The personal data of the users may be shared with third parties, for which purpose this privacy policy shall state, updating it, if applicable, the individualization of the recipient, the reason and purpose of the transmission of data to him/her, and the type of data being transmitted.

The recipient person may only use the personal data transmitted to him/her for the purposes for which the data were transmitted.

In the event that the person responsible for the processing intends to transfer personal data to a third country or international organization, at the time the personal data are obtained, users shall be informed of the third country or international organization to which the data are intended to be transferred, unless such transmission is in compliance with the provisions of the treaties and conventions in force.

Specifically, the personal data of users will be shared with the following recipients or categories of recipients:

For purposes of web positioning if they will be used, for example, in the use of Google Analytics, this for the purpose of analyzing the behavior of users with the page and its functionalities.

9. Personal data of underage individuals

Only persons over 14 years of age may give their consent to the processing of their personal data in a lawful manner by VIVEROS VALPARAÍSO.

In the case of a person under 14 years of age, the consent of the parents or legal representatives or whoever is responsible for the personal care of the child will be required, unless expressly authorized or mandated by law.

Sensitive data of adolescents under 16 years of age may only be processed with the consent given by their parents or legal representatives or by the person in charge of the personal care of the minor, unless expressly authorized or mandated by law.

10. Secrecy and security of personal data

VIVEROS VALPARAÍSO compromises to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

The website WWW.VIVEROSVALPARAISO.CL has a SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as this transmission between the server and the user, and in feedback, is fully encrypted or encrypted.

However, because VIVEROS VALPARAÍSO cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the person responsible for the treatment is committed to communicate to the users, without undue delay, the occurrence of any breach of security of personal data that is likely to involve a high risk to the rights and freedoms of individuals. A breach of security of personal data shall mean any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

Personal data shall be treated as confidential by the person responsible for the processing, who commits to inform and ensure by means of a legal or contractual obligation that such confidentiality is respected by his employees, associates and any person to whom he makes the information accessible.

11. Rights derived from the processing of personal data

The user has over VIVEROS VALPARAÍSO and may, therefore, exercise the following rights against the person responsible for the processing:

Right of access: this is the right that users have to obtain confirmation of whether or not VIVEROS VALPARAÍSO is processing their personal data and, if so, to obtain information about their specific personal data and the processing that VIVEROS VALPARAÍSO has carried out or will carry out, as well as, among others, the information available on the origin of such data and the recipients of the communications made or planned for them.
Right of rectification: is the right of users to have their personal data modified if they are inaccurate or, taking into account the purposes of processing, incomplete.
Right of erasure (“the right to be forgotten”): this is the right of users, unless otherwise provided by law, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; when the user has withdrawn consent to the processing and there is no other legitimate reason to continue the processing; when the personal data has been unlawfully processed; when the personal data must be erased in compliance with a legal obligation.
If the personal data erased or rectified have been previously communicated to determined or determinable third parties, the person responsible for the processing must notify them as soon as possible of the operation carried out. If it is not possible to determine the persons to whom it has been communicated, he/she shall give a notice that may be generally known to those who use the information in the database.

The rectification, suppression or blocking of personal data stored by legal mandate may not be requested, except in the cases contemplated in the respective law.

Right to limit the processing: this is the right of users to limit the processing of their personal data. The user person has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data, the processing is unlawful, the controller no longer needs the personal data, but the user person needs it to make claims, and when the user person has objected to the processing.
Right to data portability: in case the processing is carried out by automated means, the data subject shall have the right to receive from the controller his or her personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Whenever technically possible, the data shall be transmitted directly by the controller to the other controller.
Right of opposition: this is the right of the user not to have his or her personal data processed or to stop the processing of such data by VIVEROS VALPARAÍSO.
Right not to be subject to a decision based solely on automated processing, including profiling: is the right of users not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, unless otherwise provided by law.
The user may exercise his/her rights by means of a written communication addressed to the person responsible for the processing, as provided for in Article 16 of Law No. 19,628.

12. Links to third party websites

The website WWW.VIVEROSVALPARAISO.CL may include hyperlinks or links that allow access to websites of third parties other than VIVEROS VALPARAÍSO. The owners of such websites will have their own privacy and data protection policies, being them, in each case, responsible for their own databases and their own privacy practices.

13. Complaints to the supervisory authority

In the event that the user considers that there is a problem or infringement of current regulations in the way in which their personal data is being processed, they will have the right to exercise the actions they deem appropriate before the Courts of Justice.

II) COOKIES POLICY

Access to this website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each user -in the different devices that can be used to navigate- so that the server remembers certain information that later, and only the server that implemented it will read. Cookies facilitate navigation, make it more user-friendly and do not damage the navigation device.

The information collected through cookies may include the date and time of website visits, the pages viewed, the time spent on the website, and the sites visited just before and just after the website. However, no cookie allows this cookie to contact the user’s telephone number or any other means of personal contact. No cookie can extract information from the user’s hard drive or steal personal information. The only way for the user’s private information to be part of the cookie file is for the user to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this sense, for the use of these cookies, the consent of the user will be necessary. This consent will be communicated, based on a genuine choice, offered by means of an affirmative and positive affirmation, prior to the initial processing, removable and documented.

Own cookies
These are cookies that are sent to the user’s computer or device and managed exclusively by VIVEROS VALPARAÍSO for the better functioning of the website. The information collected is used to improve the quality of the website, its content and the user’s experience. These cookies make it possible to recognize the user as a recurring visitor to the website and adapt the content to offer him/her content that suits his/her preferences.

Third-party cookies
These cookies are used and managed by external entities that provide VIVEROS VALPARAÍSO with services requested by VIVEROS VALPARAÍSO to improve its website and the user’s experience when browsing it. The main purposes for which third-party cookies are used are to obtain access statistics and analyze browsing information, i.e., how the user interacts with the website.

The information obtained refers, for example, to the number of pages visited, the language, the place corresponding to the IP address from which the user accesses, the number of users accessing, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the website and to detect new needs in order to offer users the best quality content and/or service. In any case, the information is collected anonymously and reports on website trends are prepared without identifying individual users.

Third-party cookies used by this website are provided by the following entity/s:

Goocgle Analytics
Google AsWords

You can obtain more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiration period, among other matters, in the following link(s):

https://developers.google.com/analytics/devguides//collection/analyticsjs/cookie-usage#overview

The entity or entities responsible for the provision of cookies may transfer this information to third parties, provided that it is required by law or it is a third party that processes this information for such entities.

Cookies from social networks
VIVEROS VALPARAÍSO incorporates social network plugins that allow access to them from the website. For this reason, social network cookies may be stored in the user’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files or databases and their own privacy practices. The user should refer to them for information about these cookies and, where appropriate, the processing of personal data. For information purposes only, the following are links to some of the social networks where you can consult these privacy and/or cookie policies:

https://www.facebook.com/policies/cookies

https://twitter.com/es/privacy

https://www.facebook.com/help/instagram/155833707900388

https://www.youtube.com/intl/es/about/policies/#community-guidelines

https://policies.google.com/privacy?hl=es

https://es.linkedin.com/legal/privacy-policy

https://policy.pinterest.com/es/privacy-policy

https://www.tiktok.com/legal/privacy-policy?lang=es

4. Disabling, rejecting and deleting cookies
The user can disable, reject and delete cookies – in whole or in part – installed on their device by configuring their browser (among which are, for example, Chrome, Firefox, Safari). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the user should refer to the instructions provided by the Internet browser he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the website, although you may be limited in the use of some of its features.

III) ACCEPTANCE AND CHANGE OF THIS PRIVACY POLICY

It is necessary that the user has read and agrees with the conditions on the protection of personal data contained in this privacy and cookies policy and that he/she accepts the processing of his/her personal data so that the person responsible for the processing can proceed in the manner, during the periods and for the purposes indicated. The use of the website implies acceptance of the privacy and cookies policy of the same.

VIVEROS VALPARAÍSO reserves the right to modify its privacy and cookies policy according to its own criteria, or motivated by a legislative or jurisprudential change. Changes or updates to this privacy and cookie policy will be made known to the user.

The user is recommended to consult this page periodically to be aware of the latest changes or updates.

This privacy and cookies policy was elaborated on June 04, 2021 and is updated to adapt to current legislation.s c