ARKBOX PRIVACY POLICY

PLEASE READ THIS PRIVACY POLICY. THEY CONTAIN IMPORTANT INFORMATION ABOUT THE TERMS AND CONDITIONS ON INFORMATION MANAGEMENT, AS WELL AS THE OBLIGATIONS, LAWS AND REGULATIONS RELATING TO THE USE OF THE APPLICATION ARKBOX.

Welcome to ARKBOX. ARKBOX is an online platform available in http://www.arkbox.co, hereinafter “ARKBOX” or “Service” or “Platform” or “Application”. The Platform allows the User (hereinafter “User(s)) to manage and program the contents of their multiple screens remotely, making it very easy, dynamic and in real time.

ARKBOX is committed to protect the information of Users. Therefore, ARKBOX respects and protects data according to current US laws and international rules that govern the management and information privacy and data protection. Users who use and enjoy ARKBOX must know and accept the following Privacy Policy (“Privacy Policy”).

The User who login, access or use the application ARKBOX recognizes that the Privacy Policy constitute a binding and enforceable legal contract between the User and ARKBOX and that ARKBOX can access personal data entered to the platform by the User.

1. Definitions

  • Holder: Each of the natural persons, whom the personal data is related, can be the Users of the Platform.

  • Personal Information: A set of information that may relate to one or more natural persons.

  • Sensitive Data: Sensitive data are those that affect the privacy of the Holder or whose abuse may lead to discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in trade unions, Social or human rights organizations, or that promotes the interests of any political party or guarantees the rights and guarantees of opposition political parties, as well as data on health, sexual life, and biometric data.

  • Data Processing (or “Treatment”): Any operation or set of operations on personal data, such as collection, recording, registration, organization, conservation, modification, extraction, consultation, transmission, deletion, destruction or use.

  • Responsible for the Treatment: Natural or legal person, public or private, that by itself or in association with others, decides on the database and / or the treatment of the data.

  • In charge for the Treatment: Natural or legal person, public or private, that by itself or in association with others, perform the processing of personal data on behalf of the Responsible for Treatment.

  • Database: Organized set of personal data that is subject to Treatment.

  • User: is the person who will use the services offered by ARKBOX.

  • General Data Protection Regulation: is the new regulation that regulates the protection of data of citizens living in the European Union.

2. General Data Protection Regulation

ARKBOX implements its data collection and processing, in accordance with the current legal regulations, for which ARKBOX adapts and owns the following:

  • It has a security protocol established and implemented by the entire work team, which is trained with all the security rules on personal data that are collected and stored in ARKBOX, for an appropriate use of this information.

  • Use for the management of information, tools and integrations with third parties that comply with the RGPD / GDPR regulation for specific purposes without the right to be shared or used for a purpose other than the one initially authorized by the user.

  • It complies with the general principles of the RGPD / GDPR in terms of data quality, consent and right of information; and offers all data owners the rights of access, rectification, portability of data, restriction, deletion and opposition.

  • It complies with the general criteria of legality, loyalty and transparency of data processing. The ends are determined, explicit and legitimate.

  • Applies the minimization of data, by collecting only the appropriate data, relevant and limited to what is necessary. It guarantees the accuracy and updating of them and keeps them only for the time necessary for the purposes of the treatment.

  • It adapts the appropriate technical and organizational measures to guarantee an adequate level of security.

3. Treatment Policy or Handling of Personal Data

ARKBOX requires the free, express and informed consent of the Owner of the personal data for the treatment thereof, except in the cases expressly authorized by law. The authorization will be granted by the Holder, who must prove his identity in sufficient form, according to the conditions indicated by ARKBOX; Or the successors, nominees, representatives or proxies of the holder, who must prove such quality, representation or empowerment.

The User expressly authorizes that ARKBOX, to manage the personal data entered in the Platform as follows:

(I) ARKBOX can access the personal data entered into the Platform by the User (ii) Update and rectify the information against partial, inaccurate, incomplete, fractional, misleading, or those whose treatment is prohibited or not been authorized. (Iii) Request proof of the authorization granted (iv) To revoke the authorization when the current legal principles and norms are not complied (v) Answering questions about sensitive data.

The User authorizes ARKBOX to use, transfer to third parties and use the personal information of the User in order to improve the service in the Platform.

The main address is the city of Medellín of ARKBOX is in the direction of Barrio Simón Bolívar, Carrera 83 # 35 - 29. The data treatment policy, as well as the Terms of Use and the Privacy Policy can be found on our website http://www.arkbox.co

4. Authorization of the holder for the processing of data

ARKBOX to ensure the principle of consent, obtains the authorization of the owner of personal data for processing, freely, clearly and transparently, through different means, including physical document, email, website, or any other format that allows demonstrating that the Information Treatment Policy was disclosed and the owner authorized the processing of their personal data.

ARKBOX may provide the Data Holders information in the following cases:

  • To the Data Holders or representatives at any time and through any means when requested to ARKBOX.

  • To the judicial or administrative entities when its asking for the information

  • To third parties that are authorized by any law of the Republic of Colombia.

  • To third parties to whom the Data Owner expressly authorizes to deliver the information and whose authorization is given to ARKBOX.

The Authorization of the Holder will not be necessary in the following cases:

  • Information required by a public or administrative entity in the exercise of its legal functions or by court order.

  • Data of a public nature.

  • Cases of medical or health emergency.

  • Treatment of information authorized by law for historical, statistical or scientific purposes.\
    Data related to the Civil Registry of Persons.

The owners of the personal data may at any time revoke the authorization granted to ARKBOX for the Treatment of their personal data or request the deletion of the same, provided, but not if it´s needed to accomplish a legal or contractual provision.

5. Purposes and Uses of Personal Data

ARKBOX in the development of its corporate purpose and its relationships with employees, customers, suppliers, creditors, strategic allies, subsidiaries, distributors, among others, collects data that is limited to those personal data that are relevant and suitable for the following purposes:

  • Develop administrative, human resources, payroll and internal management activities of ARKBOX.

  • Establish consolidated and updated information of customers.

  • Develop commercial, promotional, advertising and information activities.

  • Create close knowledge of customers and third parties for segmentation, marketing and sales activities.

  • Contact the Headlines to monitor and evaluate the quality of products and services.

  • Develop supplier management activities, including billing, business management and collections.

  • Improve the User Experience in the Application

  • To know the preferences of the Users and the general trends in the Platform.

  • Enable the overall operation of the Platform.

  • Customize the user experience in the Platform.

  • Provide Registered Users with certain information and services available.

In connection with the above purposes, ARKBOX may:

  • Obtain, store, compile, exchange, update, collect, process, reproduce and / or dispose of data or partial or total information of the Holders of personal data.

  • Classify, sort and segment the information provided by the Data Holder.

  • Compare, verify and validate the data obtained in due form with credit risk centers with which they have commercial relations.

  • Extending the information obtained under the Law to companies with which it contracts the collection, storage, handling and treatment of its Databases prior to the due authorizations and legal requirements that are necessary in that sense.

  • Transfer the data or partial or total information to its affiliates, businesses, companies and or affiliated entities and strategic allies.

6. Rights of Data Holders

  • Know, access, update, rectify, delete and consult your Personal Data at any time, regarding data considered partial, inaccurate, incomplete, those that lead to an error, or those whose treatment is expressly prohibited or has not been authorized.

  • Request at any time proof of authorization granted to ARKBOX\
    Be informed by ARKBOX of the use that will be given to Personal Data, upon request.

  • Consult the control and security mechanisms arranged and request specific related information.

  • Request the deletion of any data and / or revoke the authorization when it considers that ARKBOX has not respected its constitutional rights and guarantees, or simply when it wishes to do so.

  • Submit to the Superintendency of Industry and Commerce the complaints that it deems relevant to defend its right to Habeas Data against ARKBOX.

  • Object, claim, complain and request the portability of your data.

7. Retention of Information:

ARKBOX retains your personal information during the period that is necessary for the purposes established in this privacy policy. At times, we may retain your information for longer periods, as allowed by law, for example, to maintain deletion lists, prevent abuses, to comply with all of our agreements, for tax or accounting reasons, or to comply with other legal obligations. When there is no need to process your information, we will delete or anonymize your information from our active databases. We will also keep information securely and isolated on backup discs to prevent it from being processed in the wrong way.

8. Duties of ARKBOX as responsible of the Treatment of Personal Data

ARKBOX recognizes that the Personal Data is the property of its owners and that only they can decide on these. Accordingly, ARKBOX assumes the following duties in its capacity as Responsible for Treatment:

  • Having the channel to obtain the express authorization by the Holder to perform any type of data processing.

  • Accomplishing and keeping the conditions foreseen of the Law of Protection of Personal Data, and having a copy of the respective authorization granted by the Holder.

  • Informing clearly and expressly to Data Owners the Treatment to which they will be submitted and the Purpose of the Treatment by virtue of the authorization granted.

  • To guarantee to the Holder of the information, at all times, the full and effective exercise of the right of habeas data.

  • Providing the Data Manager, as the case may be, with the only data whose treatment is previously authorized in accordance with the provisions of the Personal Data Law.

  • To inform the rights that attend to all the Holders with respect to their data.

  • Maintaining and ensuring the security of the stored Personal Data records to prevent their deterioration, loss, alteration, unauthorized or fraudulent use

  • Periodically and timely update and rectification of the data, whenever the Headlines report the news or requests.

  • Inform the identification, physical and / or electronic address and telephone number of the person or area that will be the person in charge of the Treatment.

  • In case of substantial changes in the content of this Information Processing Policy which may affect the content of the authorization that the Holder has granted to ARKBOX, it will communicate in a timely and efficient manner the changes before or at the latest time of implementation of the new policies.

9. Data Received

ARKBOX may collect two types of User information:

9.1 Non-Personal Information: It refers to the anonymous and non-identifiable information ( \”Non-Personal Information\”). ARKBOX will not identify the Users’ information without login or registration in ARKBOX. Non-personal information is classified in Technical Information and Behavioral Information, as detailed below:

9.1.1 Technical information

  • Type of operating system (Windows, Linux, etc.).

  • Type of browser (Explorer, Firefox, Chrome, Safari, etc.).

  • Screen resolution (eg 800 x 600, 1024 x 768, etc.).

  • Keyboard and browser language (eg: English).

  • IP address.

  • The computer configuration, settings and other technical data or similar information.

9.1.2 Behavior Information

  • The links when the User is navigating on the application.

  • The Information related to the User activities in the application; admission date, the access time, among other information.

  • Other information related to the User behavior in the Application.

9.2 Personal information: Refers to the individual private information (\”Personal Information\”). Personal Information collected by ARKBOX consists of personal data entered voluntarily by the User:

9.2.1 Profile Settings: The user creates a profile within the Platform entering the existing email address and password. It must be confidential.

9.2.2 Information of Third Party Sites: Refers to the Third Party Sites once the User has authorized the connection with ARKBOX. The Third Party Sites Information is subject to Terms of Use and Privacy Policies of Third Applications.

10. Database

ARKBOX acts as responsible and in charge for the treatment of the following databases:

  • Database of ARKBOX users.

  • Database of customers, suppliers, sales, purchases, expenses and inventories of the company that hires the service.

Each database collects and stores personal information with prior authorization and in accordance with the purposes established in this privacy policy. This information may have internal management, that is, within LOBBY and / or external, as with suppliers or third parties. The personal information contained in this database is kept for the duration of the business relationship plus an additional period of 10 years. If in an individual case there are indications of a need for protection or historical interest in these data, the storage period will be extended until the legal need for protection has been clarified.

11. Information of the User

ARKBOX receives the information in four steps:

11.1 At the time of sign in or log in in the Platform.

11.2 When the User creates the account on the Platform.

11.3 When the connectivity is done between the account and the Third Party Sites.

11.4 When the user loads any information for the Platform.

12. Transfer of Data to Third Parties

As a general rule, your data will not be transmitted to third parties, except in cases where we are legally bound, also in case the transfer of data is necessary for the establishment of the contractual relationship or when you have given your explicit consent to the data transfer.

  • For the internal management of the data, they can be known by employees authorized by ARKBOX, who know the security procedures for data collection.

  • For the external management of the data, that is, when I transfer personal data to third parties, such as suppliers or affiliated companies, among others, we will ensure that they comply with data protection legislation, with security measures and the same guarantees granted by us, in accordance with article 28 of the GDPR. Also, we recommend you check the data protection policy of the corresponding provider . The amount of data transmitted will be the minimum necessary, in accordance with the authorizations that have been granted by the Holders of personal data. ARKBOX for these cases will subscribe the transmission contract that takes place under the terms of Decree 1074 of 2015. Once the need for Processing of Personal Data ceases, they will be removed from the ARKBOX databases in safe terms.

13. Advertising

The User agrees that ARKBOX may use its contact information in order to inform about offers or promotions that may interest the User. The User allows receiving advertisements and other marketing materials. ARKBOX can send the information to the email address provided by the User.

The User can unsubscribe from receiving marketing material at any time by sending a notice to the email used to send the advertising. ARKBOX is not responsible for the content of those ads or the content related to the products or services provided by third parties.

14. Cookies and Local Storage information

By accessing or using the application, ARKBOX can use technologies such as \”cookies\” (or similar technologies) which stores certain information on the User’s computer (\”Local Storage\”). These technologies allows automatic activation of certain features and better use of the service.

The cookies used in the service are created per session, does not include any information about the User, except the session password, which is removed at the end of the session in the Application (usually after 24 hours). Most browsers allow the User to erase cookies from the hard drive, block cookies of acceptance, or receive a warning before a cookie is stored. To delete or disable the Local Storage, the User must use the configuration option according to the instructions provided by the technology provider. However, if the User blocks the cookies or deletes them, the online experience of the User can be limited.

ARKBOX can use certain third-party cookies each time the User visits the application or when visiting other websites that use similar cookies without fluctuating the Service of the Platform. The third-party cookies are stored only as Non-Personal Information, such as history of websites visited, and duration of browsing, etc.

15. Security

ARKBOX take care, provides and adopts the technical, human and administrative measures that are necessary to maintain the security of the information of the Users and tries to avoid its loss, adulteration, access or consultation of third parties not authorized to the Application through standard technologies of industry and internal procedures, including through the use of symbols and encryption mechanisms. However, ARKBOX does not guarantee that unauthorized access will never occur. Likewise, we guarantee that:

  • ARKBOX has security protocols and access to information, storage and processing systems, including physical security risk control measures. The monitoring of the system is carried out through the analysis of vulnerabilities. The personnel of ARKBOX that performs the treatment of data returns with the security of the information.

  • ARKBOX has the duty to notify if there is a security breach in the information to the Users within 72 hours to it.

  • Access to different databases is restricted even for employees and collaborators.

  • All employees and third parties have signed confidentiality clauses in their contracts and are committed to the proper manipulation of the databases in accordance with the guidelines on treatment of the information established in the Law.

  • It is the responsibility of the user to have all security controls on their computers or private networks for navigation to our portals.

16. Changes in the Privacy Policy

Any User information is governed by the ARKBOX Terms and Conditions and Privacy Policy. ARKBOX reserves the right to modify such documents and encourage the User to visit this page frequently. In case of any material change, ARKBOX will endeavor to post a notice of such amendment in the application.

Any changes to the Privacy Policy shall take effect from the \”last update\” however the service will continue and the User must accept the revision.

17. Attention to queries, petitions, complaints and complaints

Any holder or assignee of Personal Data is entitled to free consultations and requests to ARKBOX to know, update, rectify, delete information and revoke the authorization or to make requests, complaints and claims regarding the Treatment that ARKBOX gives the information .

The Holders can contact the Administrative Area responsible for the attention of petitions, complaints and claims through the email:

correo electrónico soporte@tekus.co

Encargado: Carlos Urrego.

Teléfono: +57 3005330048 | +57 (4) 6043035

The query must be addressed in the name of the Administrative Area, with the full name of the Holder, the description of the query, request, complaint or claim, address of residence, contact telephone number and email. The holder of the information must present and / or attach the following documents:

  • If it is the Holder: Valid identity document.

  • If it is the successor: Valid identity document, Civil Registry of Death of the Holder, Document proving the quality in which it acts and the number of the Holder\’s identity document.

  • If it is a legal representative and / or proxy: Valid identity document, Document proving the status of legal Representative and / or proxy of the holder and the identity document number of the Holder

In the event that the query is incomplete, ARKBOX will request the interested party to remedy the faults within five (5) days of receipt of the claim. After two months from the date of the request, without the applicant submitting the requested information, it will be understood that he has withdrawn from the claim or petition.

The consultation will be attended in a maximum term of ten (10) working days from the date of filing. When it is not possible to attend the consultation within this term, the reasons for the delay will be informed, and the date on which the consultation will be attended, which in no case may exceed the five (5) business days following the expiration of the first term .

18. Revocation of authorization and / or deletion of data

Any holder or assignee of Personal Data has the right to request from ARKBOX the total or partial elimination of their Personal Data. For this, the procedure established in the previous point of this document will be followed.

The deletion of Data will operate and will be final provided they: (a) are not being treated as established by current legislation, (b) are no longer necessary for the purpose with which they were collected or, (c) ) Has exceeded the period of time required to meet the purpose for which they were collected.

ARKBOX may deny removal when: (a) The Contractor has a legal and / or contractual duty to remain in the database; (B) The suppression of the data hinders ongoing judicial or administrative proceedings.

19. Information privacy

ARKBOX is committed to protecting the information of the Owners. Therefore, it respects and protects personal data in accordance with the laws in force in Colombia and regulations that regulate the privacy of information and data protection, Law 1266 of 2008, which are in accordance with public order.

20. Period of Validity

These Information Processing Policies are effective as of July 30, 2018 and the Databases containing the information of the Holders will have a validity of 10 years, extendable for equal periods.

21. General

In case of any dispute between the User and ARKBOX regarding the Terms and Conditions and Privacy Policy, the parties can initiate a claim before the Court of Colombia and accept that such Court is competent to resolve such dispute. The laws of Colombia govern the Terms and Conditions and Privacy Policy.

22. Concerns or questions Users

If you have any questions (or comments) about the Privacy Policy, the User can send an email to the following address: soporte\@tekus.co, ARKBOX will respond in the shortest possible time.

23. Notification and Contact Data of ARKBOX

ARKBOX is located at the following address and the contact details are the following, the above for the purpose of being notified of any judicial act or of any type.

TEKUS S.A.S
Carrera 83 # 35 - 29
Medellín, Colombia
(574) 6043035

Last Updated July 30, 2018