PRIVACY AND PERSONAL DATA PROTECTION POLICIES FOR PAYPHONE CLIENTS AND USERS
Interpretation
Through this document, PAYPHONE GLOBAL, INC and its subsidiary companies (collectively referred to as “PAYPHONE”)—the sole owner, creator, distributor, and developer of the brand and trade name—state the following Privacy Policies. The use of PAYPHONE’s services and consumption of its products is subject to the acceptance of these Privacy Policies. In the event of any discrepancy between this text in Spanish and any other language, the Spanish version shall prevail.
PAYPHONE is committed to protecting your data. We are dedicated to safeguarding your personal information and will take all appropriate steps, following best practices, to ensure that we use such information according to your will and needs when using PAYPHONE’s services and products.
Scope
This Privacy Policy is in accordance with the Ecuadorian Organic Law on Data Protection and the general principles and requirements of international data protection legislation, such as the "Proposed Declaration of Privacy and Personal Data Protection Principles in the Americas" from the OAS (2012), the "Legislative Guide on Privacy and Personal Data Protection in the Americas" (2015), and the "Updated Principles on Privacy and Personal Data Protection with Annotations" (2021). These aim to contribute to developing a legal framework that safeguards personal data rights and informational self-determination across the Americas.
If you are using our services and/or consuming our products, this Privacy Policy applies to the information we collect from you and from all users of our services and products, whether at our physical locations, through our website, via telephone or WhatsApp, on other online platforms, or through our mobile apps for Android and iOS. It also applies to recipients of our emails, users' numbers and accounts, and whenever you interact with us. We reserve the right to modify these policies at any time at our sole discretion and will notify all users accordingly if any changes are made.
Our intention with the information we collect and process—according to legal data protection principles—is to establish data protection guidelines online and inform you of the ways we may collect data when you contact us, contract our services, or use our products. You may request information on the data we have stored about you using the contact emails listed at the end of this document.
Personal Data and Information Collected
Data you provide. We collect the information you provide, which includes: Non-sensitive Personal Data; Identification data (such as first name, last name, ID number, RUC, image, TAX ID number, vehicle license plate, digital or physical signature);
- Contact details (e.g., email, landline, mobile phone, address)
- Personal characteristics (e.g., gender, marital status)
- Social circumstances (e.g., housing characteristics, family situation, property ownership)
- Academic and professional data (e.g., qualifications, job position)
- Economic and financial data (e.g., credit/debit card number, security code, VAT and income tax declarations, income and expenses, account statements, unique transfer records)
- Contractual information, such as data derived from contracted products and services
- Sensitive personal data:
- Biometric data (e.g., image recordings inside premises or websites, fingerprint capture via mobile apps)
- Health and sexual preferences (when necessary to provide specific products or services)
- Geolocation (e.g., location coordinates)
- Personal habits (e.g., consumption behavior, income and expenses, web behavior)
Con carácter general, PAYPHONE solamente tratará los Datos Personales de niñas, niños y adolescentes cuando su representante legal haya prestado su consentimiento para dicho tratamiento, sea necesario para la ejecución de los contratos de venta de productos o para el cumplimiento de una obligación legal y/o para la satisfacción de un interés legítimo de PAYPHONE.
No obstante, de acuerdo con la normativa vigente, los adolescentes mayores de quince (15) años y menores de dieciocho (18) años, podrán ejercer sus derechos de forma directa ante el responsable de la base de datos personales del tratamiento o ante la Autoridad de Protección de Datos Personales.
Para ello, el responsable ha implementado acciones, medidas y previsiones especiales, a fin de salvaguardar el derecho a la protección de Datos Personales de niñas, niños y adolescentesOtros datos recopilados.
También podemos recopilar automáticamente los siguientes datos:
Cookies
Usamos cookies en nuestro sitio web para recopilar datos sobre su visita y para permitirle navegar de página en página sin tener que volver a iniciar sesión cada vez, contar visitas y ver qué áreas y características de nuestro sitio web son populares. No vinculamos la información que almacenamos en las cookies con ninguna información que envíe mientras está en nuestro sitio web. También podemos utilizar los datos recopilados a través de las cookies para personalizar los anuncios y hacer un seguimiento de la popularidad de nuestro sitio web. Nuestro uso de cookies y otras tecnologías nos puede permitir a nosotros y a terceros recopilar información sobre sus actividades de navegación a lo largo del tiempo y en diferentes sitios web después del uso de nuestros servicios.
Analytics
When you visit our website, we use third-party analytics tools to gather data about your computer and internet connection. This includes your IP address, ISP, website access time, referring URLs, browser used, and behavior/preferences on our website. This data is used internally to understand site usage and improve our website. We also use analytics tools on our mobile apps to understand in-app behaviors like installations, registrations, uploads, and navigation actions.
Action Tags
We use action tags (also known as pixel tags, clear GIFs, or web beacons) to identify pages you visit and your interactions with content. These tags may collect data that identifies you if you’ve logged into our site. We also use them in emails to determine if messages were opened or forwarded.
Site Management
We aggregate usage data to manage, protect, and improve our website and systems, better understand user preferences, optimize content delivery, identify server issues, compile usage statistics, and enhance our marketing and research efforts.
Do Not Track
Our Service is nearly untraceable because we use a VPN system that allows us to work in a network, connecting to different servers located in different locations around the world. Information between branches and business locations travels encrypted and cannot be accessed through sniffers. Additionally, we have implemented several types of firewalls that respond to "Do Not Track" signals and operate as described in this Privacy Policy, whether or not a Do Not Track signal is received. By voluntarily providing us with personal data, you consent to our use in accordance with this Privacy Policy. If you provide us with personal data, you acknowledge and agree that such personal data may be transferred from your current location to the offices and servers of PAYPHONE and the authorized third parties mentioned in this policy, some of which may be located in the United States, Europe, or Latin America.
How we protect the data we collect
We use reasonable physical, electronic, and procedural security measures to protect the personal information we collect from you from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please note that we are not responsible for the security of any data you transmit over the Internet or data you store, post, or provide directly to a third-party website, which is governed by that party's policies. Please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. If you have further questions about security, you may contact us. Additionally, we have implemented a "crashplan" service that constantly backs up all of our data in a form that is recoverable in the event of damage or loss of local media.
Retención de datos
If you wish to completely close your PAYPHONE account, please contact us using your registered email address. We may retain information about you in our databases for as long as your account is active or as needed to provide you services and in accordance with applicable laws. Our retention and use of your information will be as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. The retention period may extend beyond the end of your relationship with us, but will only be necessary as long as we have sufficient information to address any issues that may arise later. For example, we may need or be required to retain certain information to prevent fraudulent activity, protect us from liability, allow us to pursue available remedies, or limit any damages we may sustain, or if we believe in good faith that a law, regulation, rule, or guideline requires it.
PAYPHONE obtains the information you provide when you download and register for the app. To use some of the Services or access certain content, you will be required to provide certain personal information in advance, which will only be used for the purpose for which it was collected. When you register with us and use the Application, you will generally be required to provide (a) your name, email address, age, username, password, and other registration information, (b) transaction-related information, (c) information you provide when contacting us for support, (d) credit card or bank information for purchasing and using the Application, and (e) information you enter into our system when using the Application, such as contact information and project management information.
It also authorizes access to (a) the location of the device, (b) the device's camera, (c) reading the device's status, (e) access to the device's contacts directory, (f) writing to the device's internal storage disk, (g) access to the network and internet status, access to the status of the device's bar and fingerprint reader, the device's vibration motor and flashlight, (h) access and interaction through pop-up windows, interaction between users, (i) reading of services, (j) use of maps and Wi-Fi.
Access to information
We will respond to your request for access to the information we collect about you within the timeframe required by applicable law.
Shared Data
We may share your information as follows:
1. Information you have consented to or given us permission to share;
2. We have aggregated or de-identified information so that it cannot reasonably be used to identify you;
3. With companies affiliated with the PAYPHONE Group;
4. With third-party service providers we use to provide our service, including certain advertising, referral, operations, financial services, and technology services (such as hosting, identity verification, support, payment, and email service providers);
5. If required to do so by applicable law or legal process, or if we believe you are in compliance with applicable law or legal process;
6. To protect the rights, property, and safety of PAYPHONE, our users, and the public, including, for example, in connection with legal proceedings, or to detect or prevent criminal activity, fraud, material misrepresentation, or to establish our rights or defend against legal claims; or
7. In connection with the sale, merger, transfer, or reorganization of all or part of our business.
Responsibilities and prohibitions in the use of the application:
The User agrees to make appropriate and lawful use of the PAYPHONE application and expressly, but not limited to, the following:
· Not to make any kind of use of the PAYPHONE application available to third parties, free of charge or for a fee, unless expressly authorized in writing by EcuaPAYPHONE C.A.
· Not to use the PAYPHONE application for illegal purposes or for illicit activities.
· Not to manipulate, scan, or test the vulnerability of any system or network, or to breach or circumvent security or authentication measures.
· Not to falsify, manipulate, or alter any header information in any email or post, or in any way use the PAYPHONE application to send altered, deceptive, or false information.
Interrupting any user's access, including sending viruses, spam, or similar to the PAYPHONE application, or encrypting knowledge in such a way that interferes with the proper use of the PAYPHONE application.
The User shall refrain from using the PAYPHONE application in a manner contrary to good faith and current legislation.
Companies operating on our behalf
We hire other companies to perform certain business activities for us. In this process, under certain circumstances, it may be necessary for these companies to have access to your personal information. We recommend that these companies use the information only for the provision of the agreed-upon services. These companies are not authorized to share information with third parties unless necessary for the service.
These business activities include, for example, fulfilling orders, processing vouchers, bonuses, and discounts, conducting customer surveys, and information management tasks. We also provide certain service providers with aggregated information.
Companies that own associated and subsidiary websites
PAYPHONE sends information to partner companies (such as Meta, Facebook, Google, etc.) that run special offers or promotional campaigns in conjunction with sub-affiliates' websites within our website. You expressly agree to this by providing your personal information to PAYPHONE. The partner company's use of the information transmitted in this manner is governed by its own guidelines for the protection of associated data. You should read this information in full before providing your personal information.
PAYPHONE may work with data analysis companies to help us understand how the application is being used, such as frequency and duration of use. To protect the anonymity of this information, we use encryption technology to ensure that these third parties cannot personally identify you.
If you wish to opt out of using the application and delete your information from our systems, you can do so at any time. To stop the collection of information by the application, you must uninstall the application. You can use the standard uninstall processes available on your mobile device or through the mobile app marketplace or network. You can also request to opt out and have your information deleted by emailing protecciondedatos@payphone.app.
Email communications
If you opted in to receive information about our products, updates, and offers, we will use your name and email address to send you this information. If you no longer wish to receive these communications, you can unsubscribe by following the instructions in the emails you receive or on our website. Please note that we may still send you transactional and relationship messages even if you have unsubscribed from our marketing communications. For example, if our service is temporarily suspended for maintenance, we may send you an email to update you.
WhatsApp, Facebook Connect, and other social media services or business management platforms (CRM or similar)
The contracting parties agree that, within the framework of this contract, they may use the WhatsApp messaging application as a means of communication to manage documents, data, and any other information related to the subject matter of the contract.
The contracting parties acknowledge that WhatsApp is an application owned by META, Inc. and that, consequently, its use is subject to the company's privacy and data protection policies.
In this regard, the contracting parties accept that the use of WhatsApp entails the transfer of personal data to META, Inc. and that, consequently, the company's privacy and data protection policies will apply. They also accept that personal data shared through WhatsApp may be stored on servers located outside of Ecuador.
The contracting parties undertake to use WhatsApp responsibly and to respect the rights of personal data subjects at all times. In particular, we will ensure that personal data is treated in accordance with the provisions of Ecuador's Organic Law on Personal Data Protection (LOPDP) and applicable regulations.
As part of our service, you may use Facebook Connect or other social networking services (referred to in this policy as Social Networking Services) to authenticate your identity and authorize a Social Networking Service to share certain information with us, such as your name and email address, which is associated with your PAYPHONE account. A Social Networking Service may also allow you to post information about your activities on our website and mobile applications to your Social Networking Service profile page to share with others within your network.
The information we obtain depends on your Social Networking Service's settings and the Social Networking Service's privacy policies, so make sure you are familiar with them. PAYPHONE is not responsible for the privacy practices or other actions of Social Networking Services that may be enabled within our services.
PAYPHONE wishes to inform its users that in order to provide an efficient service, we use various IT platforms dedicated to business management, accounting, sales, and advertising, including, but not limited to, CRMs, SEO and SEM optimizers, email marketing and accounting systems, among others. Therefore, your personal data may be transferred and stored on the servers of third-party companies located in foreign countries. However, we want to assure our users that we have taken measures to ensure that these companies operate in jurisdictions with adequate legislation for the protection of personal data. Your privacy remains of utmost importance to us, and we have taken precautions to safeguard the security and confidentiality of your information in accordance with applicable laws.
Links to other websites and online services
Our website may include links to other websites or online services, including social media or government websites, whose privacy practices may differ from those of PAYPHONE. If you submit information to any of those websites or online services, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
Changes to this policy
We may make changes to this Privacy Policy. If we make changes, we will notify you by revising the date at the top of the policy. If we make material changes, we will do so in accordance with applicable legal requirements and will post a notice on our website and mobile applications alerting you to the material changes before they become effective. We encourage you to periodically review this page for the latest information on our privacy practices.
To keep your personal data accurate, up-to-date, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal data in our possession that you have previously submitted using our services. Feel free to contact us if you have any questions about our Privacy Policy or the information practices of PAYPHONE Services.
PAYPHONE may work with data analytics companies to help us understand how the application is being used, such as frequency and duration of use. To protect the anonymity of this information, we use encryption technology to ensure that these third parties cannot personally identify you.
If you wish to unsubscribe from the service and delete your information from our systems, you can do so at any time. To do so, you must request to unsubscribe and have your information deleted by emailing protecciondedatos@payphone.app.
Data Retention Policy, Information Management and Sending to Other Companies
PAYPHONE will retain the data provided by each user for as long as the application is used and for a reasonable period of time. We will retain automatically collected information for up to 7 years, after which it may be permanently stored. If you wish us to delete the user data provided through the application, please contact us at protecciondedatos@payphone.app and we will respond within a reasonable timeframe. Please note that some or all of the data provided by users may be required by other companies in the group or by third parties for the application to function properly. Once the minimum period necessary for the provision of the service has elapsed, the user has the right to request the deletion of the information.
Security
PAYPHONE is always concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know it to operate, develop, or improve our application. Please note that, although we strive to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches.PAYPHONE uses a variety of administrative, internal, and technical security measures to protect your personal information. PAYPHONE establishes internal control procedures and manuals that specifically relate to the handling of personal data. These include control measures for the protection of private information we collect online.PAYPHONE will only share your personal data with third parties if there is a legal basis to do so or in all cases where you have given us your consent. A legal basis for such communications will be deemed to exist when a legal provision requires such communication or it is necessary for the provision of the contracted service.These recipients will include the following:· Competent public sector entities and supervisory authorities that have the authority to request information about your data, such as the Superintendency of Securities and Insurance Companies, the Financial and Economic Analysis Unit, the Internal Revenue Service, Judges and Courts, the State Attorney General's Office, the National Police, the Superintendency of Data Protection, among others.· External auditors in compliance with contractual and legal obligations applicable to PAYPHONE.· Likewise, please be advised that PAYPHONE and other payment service providers, as well as the payment systems and related technology service providers to whom the data is transmitted to carry out each transaction, may be required by Ecuadorian law to provide information about monetary transactions to the authorities or supervisory bodies.To contest and marketing campaign managers, marketing consultants, among others.To other companies that make up our business group.If we share your Personal Information, we will ensure that appropriate protection is in place to protect your personal information in accordance with data protection laws.Finally, we inform you that PAYPHONE uses the services of third-party companies to provide the services contracted by the Client, for which said third parties may need access to personal data. These supplier companies can be classified into the following categories: technology and IT service providers, security companies, courier companies, transportation services, system, infrastructure, and real estate management and maintenance companies, logistics services, appraisal services, debt collection and portfolio recovery services on behalf of third parties, payment service providers, electronic invoicing services, banking or financial institutions, legal and tax advisory services, advertising agencies, marketing and communication services, and general professional services. The above list is provided as an example, and PAYPHONE may use services from companies in other sectors to provide quality services. PAYPHONE will ensure the proper processing of personal data by these service providers.Although we process your data primarily within Ecuador, in some situations we will transfer your personal data to some of our service providers based in the United States, European Union countries, among others. This means that we will occasionally transfer your personal data to these companies in order to carry out all the activities described in this policy. Any transfer of your personal data outside of Ecuador will be carried out in accordance with current regulations and the provisions issued from time to time by the Superintendency of Data Protection.Any transfer of your personal data outside of Ecuador will be carried out in accordance with current regulations and the provisions issued from time to time by the Superintendency of Data Protection.
International data transfer
The contracting parties agree that, within the framework of this contract, international transfers of personal data may be made, in accordance with the provisions of Ecuador's Organic Law on Personal Data Protection (LOPDP).International data transfers will be made whenever necessary and in order to meet the objectives established by the company in fulfilling its corporate purpose. In all cases, it will be ensured that transfers are carried out in compliance with the provisions of Ecuador's LOPDP and applicable regulations.In particular, it will be ensured that international data transfers are made only to countries that have data protection policies similar to those of Ecuador and that offer an adequate level of personal data protection.In the event that international data transfers are made to countries that do not meet the above requirements, all necessary measures will be taken to ensure that personal data are treated in accordance with the protection standards established in Ecuador's LOPDP and applicable regulations.At all times, the provisions of Ecuador's LOPDP (Spanish Data Protection Act) will be complied with, and the rights of personal data subjects will be guaranteed to be protected. Furthermore, all guarantees and rights to which they are entitled under applicable regulations will be respected.The contracting parties undertake to cooperate at all times to ensure compliance with the provisions regarding personal data protection, particularly in relation to international data transfers.
Processing of personal data
This will be done under the following five conditions:
1) Based on the fulfillment of contractual obligations: PAYPHONE will process your personal data for the following purposes and legal grounds:For the formalization, development, and execution of the sale of products or services, PAYPHONE uses your personal data, among other things, to evaluate, select, and establish prices for the products sold at any of our points of sale, as well as for the preparation and issuance of quotes, invoices, order management, and other activities related to the transaction.
1. For product delivery. We use your personal data to deliver the product to you or a third party you have authorized. Delivery may be at one of our commercial locations or a location selected by the customer. Occasionally, in order to deliver the products, we must record your entry and receipt. When you designate and authorize a third party, we will use their personal data in accordance with the provisions of this policy.
2. To carry out the collection process. Occasionally, we will use your personal data to inform you about the collection process and to send or contact you to arrange payments for the expected price. This involves using your bank details, credit or debit card details, the use of payment buttons, banking applications, gateways, among other things, to finalize the product sales contract.
3. To manage contests, offers, promotions, or special events. PAYPHONE, directly or through third parties, business partners, or strategic allies, will process your data to conduct contests, which may be held in person, through websites, social media, among others. We will use your data for registration, participation, sweepstakes, and delivery of prizes to winners and/or beneficiaries, in accordance with the specific terms and conditions of each contest.
2) Based on compliance with a legal obligation applicable to PAYPHONE: To comply with obligations that PAYPHONE is legally mandated to. Customers' personal data is used to comply with certain legally established obligations. Among other things, PAYPHONE will process Personal Data to comply with the obligations established in the regulations relating to: tax laws, the Commercial Code, the Company Law, and current regulations on personal data protection, among others applicable to and enforceable by PAYPHONE.
3) Based on free, informed, unequivocal, and specific consent:For data analysis and profiling. PAYPHONE processes the Customer's Personal Data, including their health data, the processing of which is explicitly consented to, with the aim of ensuring that their shopping experience with PAYPHONE is as customer-oriented as possible and that PAYPHONE may continue to use it to analyze their purchasing behavior. This includes analyzing purchasing behavior and, additionally, analyzing the risk for the company in the event that you decide to pay in installments and PAYPHONE must make a decision regarding the approval and execution of a loan for one of our customers.
To send commercial communications by any means, including, but not limited to, electronic means, in accordance with applicable regulations. PAYPHONE will process your Personal Data to inform and advise you in a personalized manner, taking into account your particular interests and needs regarding PAYPHONE products and services. Thus, PAYPHONE will process the Customer's Personal Data to send commercial communications related to products and services in the industrial, construction, and similar sectors, by any means, including electronic means, regarding personalized offers that respond to your interests. The personalization of commercial communications entails the processing of personal data to create customer profiles based on their interests in products. Under no circumstances are these profiles used to make automated decisions with legal effects for the data subject.
To transfer Personal Data to third-party companies. PAYPHONE may transfer the Customer's Personal Data to any other entity with which it establishes collaboration, cooperation, strategic alliances, or commercial partnerships for the purposes of effective contractual relationships with the Customer for risk analysis purposes, as well as for the sending of commercial information related to products and services for the sale of products. For further details, the categories of recipients who will receive the Customer's Personal Data are identified in the sixth section "Transfers of Personal Data," and include other entities with which it establishes a commercial relationship.
4) Based on legitimate interest: To guarantee the security of the Website services, information, and the network, as well as its normal operation. PAYPHONE will process your personal data for the purpose of guaranteeing the security of the information and the network, as well as its normal operation.
For the continuous improvement of our services and products, as well as for the enhancement of the functionality of our services offered, our operational capacity as an organization, and the analysis for the design of our business strategy (financial, cost, and marketing analysis, among others), PAYPHONE has a legitimate interest in processing Customer personal data.
5) Based on the public interest: For video surveillance. We have cameras in our premises and plants to ensure the safety and security of our customers and staff, and therefore we have deployed security cameras connected to a video surveillance system to achieve this objective.
Users of this website are informed that responses to the questions posed in the data collection forms contained on this website are voluntary, although refusal to provide the requested data may result in the inability to access the services that require it.
Protection of Sensitive Data
The protection of sensitive data obtained online, such as medical data or data about minors, is especially important to us. PAYPHONE does not knowingly collect or request information about medical history or data, sexual preferences, or information from minors. In the case of any information provided within the framework of the services that PAYPHONE provides to third parties, it is presumed that the information has been provided with the explicit consent of its owners, parents, or guardians.
PAYPHONE suggests that the owners of this data, and in the case of minors, their parents or guardians, expressly understand and accept the provisions and scope of this provision and these policies.
Consent
By accessing our systems or continuing to browse our website, you expressly agree to our processing of your data under the terms of this Privacy Policy and our Internal Personal Data Protection Manuals, which may be amended by us from time to time.
Contact us
If you have any questions regarding privacy while using the app, or if you have questions about our practices, please contact us by email at protecciondedatos@payphone.app.
I ACCEPT.
