Version updated to July 20, 2020.

At Tessca inc. We understand the protection of personal data as an opportunity to generate value for our users. By making responsible use of personal information, we not only protect the privacy of those who entrusted us with their data, but we also allow them to operate safely and confidently in our ecosystem.

Therefore, your privacy is very important to us and we strive to protect it.

This Privacy Statement is an integral part of the General Terms and Conditions of Tessca inc. Giving your voluntary, express and informed consent to this Privacy Statement is an essential requirement to be able to contract and / or have any type of relationship with Tessca inc, depending on the applicable legislation in the country.

  1. How is Tessca inc integrated and how does this Privacy Statement apply?

This Privacy Statement applies to all services and data processing operations of Tessca inc., Whether it is Tessca inc. Inc or its subsidiaries or affiliates.

  1. Who is responsible for the processing of Personal Information?

The controller is the one who decides on the processing of personal data. To do this, it determines the purposes or uses for which the personal information will be used and the means that will be used for that treatment (see Section 4. "What will the Personal Information be used for?").

Tessca inc. is responsible for the treatment of the data of the users and visitors of its Platforms through its subsidiaries or affiliates. To find out which company or companies are responsible for the treatment in your country of residence, please consult the Annex corresponding to that country.

  1. What information do we collect and process?

Tessca inc., Collects your personal information so that you can enjoy our services, and be able to improve them continuously.

In some cases, the information is provided by yourself, by registering or by providing information when you use any of our services. In others we collect them automatically, like when you browse our pages, you use our services. We may also collect information about you from other reliable sources.

We want you to know that you do not have the obligation to provide us with the personal information shown below, however, this is an essential requirement to be able to contract and / or have any type of relationship with Tessca inc, and, if you do not provide this information, We will not be able to provide our services to you or our ability to do so may be significantly impeded. The inaccuracy or falsity of the personal data that you provide could cause the suspension of the Services. Likewise, Tessca inc., May suspend or permanently disable those users who violate this Privacy Statement.

These are the types of data we collect:

o    Information you provide us directly when registering or using our services:

§  nickname or pseudonym to operate on the platforms of Tessca inc.,

§  name, personal image (personal photo or document photo),

§  valid ID or document number,

§  contact information (such as phone number, address, email address).

§  bank account details

§  information and means of payment

·         Information that we collect automatically, whether you are registered or not:

§  Information from the devices or computers from which you access the Tessca platform and other automatically captured data (such as the type or version of the browser or the operating system, settings and parameters)

§  Internet IP address that you use when connecting to our services or when browsing our websites.

§  Transactional information and movements within the platforms of Tessca inc., (Purchases, payments, returns, questions, withdrawals, transfers, movements of credit cards taken, money advances, claims, billing, tax data, password or identification code of digital account (etc.), bank accounts, internal messaging).

§  certain information about the activity of users and visitors within our website and apps. Such information may include the URL from which they come (whether or not they are on our website), which URLs they access next (whether or not they are on our website). Also the pages visited, the interactions with said pages, the searches carried out, the publications, purchases, claims made and received, messages in the forums, among other information, may be stored and retained.

§  information about your location (geolocation), which can be used to offer you discounts, product recalls, locate shops with QR enabled for payment, among others.

§  data for the management of claims and trials (information for the preparation of documents, background and strategies).

§  if you did not register or access through your Personal Account, Tessca inc., will only collect and store, in addition to the information indicated at this point, your cell phone numbers, your email address and e-mails sent

 

o    Information we collect from other sources:

 

§  Information Collected for Fraud Prevention Purposes and Compliance with Information Regimes (Lists PEPs, OFAC, etc.)

§  credit information that we obtain from credit risk bases and / or sources of public access, in accordance with applicable legislation.

§  data that is used for identity validation, obtained from safe and reliable sources, such as public bodies, service providers or business partners with whom we work.

  1. What do we do with Personal Information?

The collection and treatment of your Personal Information allows us to provide you with an excellent service so that you can carry out operations quickly and safely and offer you functionalities that best adapt to your needs. Except in those cases where the applicable regulations prohibit it, Tessca inc., May use your Personal Information for the following purposes:

  • Provide the products, services and / or benefits offered by the platforms of Tessca inc.,

 

§  Identify and contact you.

§  Register in our systems.

§  Verify your identity in compliance with legal requirements.

§  Provide you with the products, services and / or benefits that you request or contract with us.

§  Facilitate you to enter into direct contact for the purposes of the transaction you wish to carry out.

§  Prepare and keep a record of the operations you carry out, as well as inform yourself about them and follow up accordingly.

§  Put at your disposal our electronic commerce platform and the online payment system.

§  Manage the services and products including the payment processing service.

§  Address your comments, complaints and suggestions, as well as provide support.

§  Prepare profiles for credit analysis purposes.

§  Judicial and / or extrajudicial collection.

§  Facilitate the shipment of products advertised on websites, applications and other electronic commerce platforms operated by Tessca inc., Or those that use its technologies.

§  Offer you services and functionalities that best suit your needs, and customize our services to make your experiences with Tessca inc. , be as comfortable as possible.

§  Allow you to participate in contests, auctions or raffles, if they are carried out and they are applicable to you, as well as notify you if you are the winner, always in compliance with the regulations applicable to raffles and competitions.

 

  • Improve our services, develop new ones and offer you a better experience with the platforms of Tessca inc.,

 

§  Develop internal studies on your interests and behaviors, to offer you better services and products, as well as carry out statistical studies.

§  Prepare profiles by analyzing various variables, such as behavior or interactions within the platform, analysis and prediction of economic capacity, preferences, interests, transaction history, behavior and location, among others, to improve our commercial and promotional initiatives , show advertising or promotions, banners of interest, news on the platforms of Tessca inc., perfect our offer of content and articles, personalize said content, presentation and services.

§  Offer you services and functionalities that best suit your needs and customize our services to make your experiences with Tessca Inc. as comfortable as possible.

§  Improve our commercial and promotional initiatives and analyze the pages visited, the searches carried out by users, to improve our offer of content and articles, personalize said content, its presentation and services.

§  Train independent consultants or consultants to improve their service proposal to users of Tessca inc.

§  Provide you information through different channels (by email, short text messages (SMS), push messages, phone calls or any other means) about improvements or new functions or services of the platform.

§  Find your loyalty through a benefits program.

§  Allow third parties, through the use of public APIs, to build applications that use content from the platform and interact with it to facilitate, improve and / or enhance its use and its functionalities and the services generally provided by Tessca inc.

 

  • Comply with legal obligations and requirements of competent authorities.

 

§  Comply with the regulations that apply to Tessca inc. usually.

§  Compliance with regulations on Money Laundering Prevention and Terrorism Financing (Actions of (KYC), identity verification against Politically Exposed Persons, verification of profile and transactional history in compliance with the applicable regulation on the prevention of money laundering, verification against OFAC lists and others), as applicable in each country.

§  Compliance with information regimes in general, as applicable in each country.

§  Compliance with tax regimes of collection, registration, information, auditing and billing, at any level of government (eg: federal, departmental and municipal level).

§  Compliance with information requirements of competent administrative or judicial authorities.

§  Provide user information to government entities with collaboration agreements for the fulfillment of their powers.

 

  • Detect and prevent fraud, abuse and related crimes to protect the safety of our users and the sustainability of the platforms.

§  Make platforms grow in a sustainable and secure way through tools and actions to prevent fraud and related crimes.

§  Train the automated fraud detection and prevention algorithm model.

  • Protect the rights of users, third parties or Tesca inc ..

§  Defend the rights, tangible and intangible assets of Tessca inc ..

§  Enforce the rights of Tessca Inc. in the event of breaches of its TyCs.

§  Allow other users or third parties to assert their rights.

  • Collaborate with the owners of intellectual property in the exercise of their rights

§  Collaborate with the protection of intellectual or industrial property rights, own or from third parties, investigations of trademark and patent infringement, as well as counterfeiting.

§  Collaborate with the entities that intervene in the resolution of disputes.

§  Collaborate with private entities representing collective interests with a collaboration agreement, to facilitate the resolution of disputes.

 

  • Make advertisements and advertising and promotional contacts.

§  Contact you through different channels (by email, short text messages (SMS), push messages, phone calls or any other means) for advertising and / or promotional purposes of products and services of Tessca inc., And / or third parties .

§  Carry out all kinds of marketing, advertising, commercial prospecting and / or market research activities.

Some of these described purposes may not be applicable as:

a) do not use the service associated with these purposes, or b) the services linked to those purposes are not offered in your country of residence.

The use of your data for any other purpose that is not compatible with the detailed ones, will be communicated to you before we proceed to its treatment.

Tessca inc., Will keep your Personal Information for as long as necessary to fulfill the purposes for which they were collected.

  1. How do we share Personal Information?

Safeguarding your privacy is very important to Tessca inc. Therefore, we do not sell or commercialize information that identifies our users. We also do not share or transfer in any other way your Personal Information to third parties, except as indicated below:

Tessca inc. It may transfer, transmit and / or transfer your Personal Information to:

and technology service providers in general, (d) call centers or customer service centers, (e) companies that manage loyalty or loyalty programs, to give you benefits, (f) advertising or marketing agencies, (g) analysis of data, (h) collection agencies, (i) government entities or companies specialized in risks, in order to verify your information. These Service Providers only access the information strictly necessary to provide the agreed services and cannot use them for purposes other than those entrusted to them by Tessca inc. (i) government entities or companies specialized in risks, in order to verify your information. These Service Providers only access the information strictly necessary to provide the agreed services and cannot use them for purposes other than those entrusted to them by Tessca inc. (i) government entities or companies specialized in risks, in order to verify your information. These Service Providers only access the information strictly necessary to provide the agreed services and cannot use them for purposes other than those entrusted to them by Tessca inc.

(ii) "Business allies": companies with financial or commercial activities with which Tessca inc., has a collaborative or alliance relationship, in order to offer you promotions, products and services of said companies or co-branding. In these cases, Tessca inc., Always ensures that confidentiality and security standards are met, by signing agreements or agreements whose purpose is the privacy of the personal data of our users and compliance with applicable legislation.

(iii) "Grupo Tessca inc.": companies that belong to our corporate group, that operate under our same internal processes and policies, whether they are controlled companies, controlling companies or affiliated with Tessca inc., to comply with our internal regulations, prevent fraud , manage risks and facilitate the management of services and products of Tessca inc.

(iv) “Public authorities”: the administrative and judicial authorities that in the exercise of their competence require information, even if there is no order or an executive or judicial summons to that effect, with the purposes of: (a) collaborating in the investigation and denouncing fraud, piracy, violations of intellectual or industrial property or any other illegal, as well as any activity or circumstance that could generate legal liability to Tessca inc., and / or its users; (b) safeguarding a public interest, the procurement or administration of justice, the recognition, exercise or defense of a right in a judicial or administrative process, and / or the resolution of controversies; and (c) comply with any applicable law, regulation or legal provision,

 (v) "Interveners in Disputes”: authorities, friendly composers, courts or entities that intervene in the resolution of disputes in order to resolve disputes that may arise between users or between them and any of the companies in the corporate group of Tessca inc.

 (vi) "Users and / or visitors in general": other users and / or visitors to our platform, with the aim of quality service to the final consumer, providing information to make an informed purchase decision.

Likewise, Tessca inc., May disclose your Personal Information at its discretion to other users of the Websites and / or the Services, entities or third parties when there are sufficient reasons to consider that your activity is suspected of trying or committing a crime or trying to harm others. persons.

If Tessca inc., Decides to share your Personal Information with third parties other than those mentioned, we will request your prior and express consent, as long as there is no authorization or legal obligation that allows it to be done without that consent.

Likewise, you give your express and informed consent for Tessca Inc. to transfer, transmit or transfer your Personal Information to the recipients detailed in this Privacy Statement.

Finally, Tessca inc., Will not be responsible for the improper use of your Personal Information made by any third party when it is these third parties who directly collect and / or process your Personal Information.

  1. International data transfers

The services provided by Tessca inc. Require the support of a technological infrastructure, such as servers and cloud services, which can be owned or provided by third parties.

Part of that infrastructure may be established in a different country from yours.

It may also happen that the recipients of the data indicated above in the section "How do we share Personal Information?" are in a different country.

The countries receiving the data we transfer may not offer adequate levels of protection of personal data, in accordance with applicable regulations.

In these cases, Tessca inc., Adopts measures to protect your data, through contractual clauses or binding corporate rules that impose the same protection measures as those described in this Privacy Statement.

  1. How long are we going to store Personal Information?

We will only store personal information for the time necessary to fulfill the purpose for which it was collected, to comply with regulatory or legal requirements, or during the statutory limitation period of possible legal or contractual responsibilities.

Once the period has ended, the data will be deleted or anonymized in such a way that no person can be individualized, as allowed by the regulations of each country.

  1. Automated decisions and profiling

At Tessca inc, we are committed to providing you with more and better services that simplify your life.

For this we use tools that help us to be more efficient using techniques known as "artificial intelligence", "machine learning" or "Big Data" that we use for various purposes, such as fraud prevention, analysis and prediction of economic capacity, personalization of services and advertising, automated cybersecurity mechanisms.

Automated decisions are those that are made based on the use of algorithms and computer programs, without any human being involved in the decision-making process.

For its part, profiling is the evaluation of some personal aspects, such as your interests, preferences, behaviors or location, which is carried out by automatically processing personal information with statistical procedures. As a result of this treatment, we may send you personalized communications, or show them to you within our platforms, which we believe may be of interest to you.

You have the right to request that a decision based on automated data processing be reviewed.

  1. Confidentiality of Personal Information and Responsibility of Users

We will do everything in our power to protect the privacy of your Personal Information. The user will be responsible for all acts that take place through the use of their nickname and password. If for any reason you believe that someone may know your password, you should modify it by entering it from the navigation menu in your user panel.

  1. Minors

The Services of Tessca inc., Are only available to those people who have the legal capacity to contract in accordance with the applicable regulations. Therefore, if you do not meet this condition, you should not supply your Personal Information.

  1. Links to other Websites

Through the Websites, Tessca inc., May include links to third party websites, which does not indicate that they are owned by, or operated by, Tessca inc. It is clarified that the processing of Personal Information by the third parties responsible for the aforementioned websites is not achieved by this Privacy Statement. Likewise, you acknowledge and accept that Tessca inc., Has no control over such websites and is not and will not be responsible for the content or the services provided by such sites, nor for the way in which they process your Personal Information, for which You enter these websites at your own risk.

  1. How can you exercise your rights to control your Personal Information?

The applicable regulations give you certain rights over your Personal Information, such as: (i) access; (ii) update; (iii) rectification; (iv) the cessation of the sending of advertisements, offers and promotions; (v) deletion; (vi) revocation of consent; and (vii) confidentiality.

You can make any query, claim and / or request regarding your Personal Information by contacting Tessca inc., Through the contact details of the tessca.com website.

In certain cases, we will keep in your files your Personal Information that you have asked us to delete to fulfill the purposes described in this Privacy Statement or when there is a contractual or legal duty to maintain your Personal Information. Once this purpose has been fulfilled or the contractual or legal duty has been eliminated, we will proceed to delete your Personal Information.

  1. Advertising, Cookies and Other Technologies

The user expressly acknowledges and accepts that Tessca inc., May use a behavior monitoring system through the use of "cookies", "web beacons" and / or other similar tracking technologies.

These technologies are used in order to know the interests and behavior of those who visit or are users of our website and, in this way, give them a better service or provide related information. We also use the information obtained through cookies to analyze the pages browsed by the visitor or user, the searches carried out, improve our commercial and promotional initiatives, show advertising or promotions, banners of interest, news about Tessca inc., Perfect our offer of contents and articles, personalize said contents, presentation and services, as well as promote and enforce the rules and security of the site; We also use them so that the user does not have to enter their password as frequently during a browsing session, also to account for and corroborate registrations, user activity and other concepts for commercial agreements, always aiming at the installation of cookies, the benefit of the user who receives it, and which will not be used for purposes other than Tessca inc . Likewise, we store cookies in order to offer a more interactive experience on the site, based on the user's actions.

Your personal data obtained through these technologies will not be transferred to third parties in a different way than those described in this Privacy Statement.

Additionally, "cookies" or other similar systems installed by third parties may be found on certain pages of our Websites or used by advertisers outside of Tessca inc. These Privacy Policies cover the use of "cookies" by Tessca inc., And do not include the use of "cookies" installed by third parties.

You should know that the installation, permanence and existence of cookies on your computer or device depends on your exclusive will and can be removed when you wish. To know how to remove Cookies from the system it is necessary to check the Help section of the browser.

In this sense, you can at any time delete the stored cookies, configure the browser to request approval before storing cookies or directly prevent cookies from being stored. This procedure is done differently in different browsers and it is necessary to do it in each browser you use. Below we offer you the different procedures to manage this configuration in the most used browsers:

From Internet Explorer (on Windows)

http://windows.microsoft.com/es-es/windows-vista/block-or-allow-cookies

Microsoft Edge

https://support.microsoft.com/es-ar/help/4027947/microsoft-edge-delete-cookies

Firefox

https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we

Google Chrome

https://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

Opera

https://help.opera.com/Windows/11.50/es-ES/cookies.html

Safari (on Mac)

https://www.apple.com/legal/privacy/en/cookies/

If you disable cookies, you should bear in mind that you may not be able to use and enjoy all the functionalities offered by Tessca inc.

  1. Security. Storage of Personal Information

Tessca inc. complies with the regulations and industry standards regarding security measures applicable to your Personal Information.

Tessca inc., Is not responsible for illegal interceptions or violation of its systems or databases, or for its use by unauthorized persons. Tessca inc., Is also not responsible for the improper use of the information obtained by these means.

  1. Changes in the Privacy Statement

If Tessca inc. Makes changes to the way Personal Information is managed, we will notify users through our regular channels, such as email or messages through applications. In the terms allowed by the regulations of each country, in the case of users who do not accept these new terms, the contractual link with Tessca Inc. will be dissolved and the Personal Information of said user will not be used in any other way than what was informed at the time of collection.

  1. Applicable Law and Jurisdiction

The Privacy Statement will be governed by the applicable laws as detailed in the annexes of each country included below. In the event of any controversy or divergence related to the interpretation, validity, celebration or compliance of this Privacy Statement, it will be resolved by the competent courts indicated in said annexes of each country included below.

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ANNEX FOR COLOMBIA

The provisions of this annex are exclusively applicable to Colombian users and visitors users domiciled in the Republic of Colombia. In case of contradiction between the provisions of the main text of the Privacy Statement and this annex, the provisions of this annex shall apply to Colombian users and visitors users domiciled in the Republic of Colombia.

2. Who is responsible for the processing of Personal Information?

In the Republic of Colombia the Services of Tessca inc., Are provided by Tessca inc., With NIT XXXXXXXXX-X and domicile at XXXXXXXXXXXXXXXXXXX., Republic of Colombia. and is responsible for the treatment of personal data that we collect from you.

13. Rights of access, rectification and deletion of Personal Information

The data protection law of the Republic of Colombia additionally provides the following rights to the owners, namely: (i) request proof of authorization granted to the data controller except when expressly excepted as a requirement for treatment; (ii) be informed by the data controller, upon request, regarding the use that has been made of their personal data; and (iii) file complaints with the Superintendency of Industry and Commerce for non-compliance with Colombian data protection regulations.

Without prejudice to the provisions of the Privacy Policies, you can also make inquiries and / or exercise the rights of access, rectification and deletion of your Personal Information by postal mail to XXXXXXXXXXXXXXX, Republic of Colombia. Atte.:Tessca inc.

Tessca inc., Will process any query or claim in relation to the Personal Information collected and processed through the means enabled for such purposes in accordance with the procedure provided in articles 14 and 15 of law No. 1581 of 2012.

17. Applicable Law and Jurisdiction

The Privacy Policies will be governed by the laws of the Republic of Colombia. In the event of any controversy or divergence related to the interpretation, validity, celebration or fulfillment of the same, you and Tessca inc., Declare that they submit to the exclusive jurisdiction of the competent Courts of the Republic of Colombia, expressly renouncing any other jurisdiction and / or jurisdiction that may correspond to them. The procedures will be carried out in Spanish.

The enforcement authority in the Republic of Colombia in matters of personal data protection is the Office for the Protection of Personal Data of the Superintendency of Industry and Commerce and the regulations on data protection are Law 1581 of 2012, the Decree 1377 of 2013 and other concordant norms.

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