Introduction
This Privacy and Personal Data Protection Policy (the “Policy”) describes how CIPLI Research Center SAC, trading under the FractalUp brand, with RUC 20559528685 (hereinafter "FractalUp"), and all of its subsidiaries, collects, uses, and shares your personal data through the “FractalUp” website and/or virtual platforms (hereinafter jointly, the “Platform” or “Site”). This Policy is incorporated into and has as a reference the Terms and Conditions of use of “FractalUp”, and is subject to the Personal Data Protection Law No. 29733, (the “Personal Data Protection Law”), Supreme Decree No. 003-2013-JUS approving its Regulations, and the Information Security Directive (hereinafter, the “Regulatory Framework for the Protection of Personal Data”).
Users who access our services through the Platform agree to be bound by the provisions of this Policy, accept that their personal information is collected through questionnaires, registrations, electronic forms, among others provided and/or required virtually on the Platform, and authorize “FractalUp” to use and process all the information provided to “FractalUp”.
“FractalUp” reserves the right to modify the Privacy Policy, which will be communicated with reasonable advance notice before it comes into effect.
Definitions
Without prejudice to the terms defined in various sections of this document, the terms used herein with the first capital letter and which are not defined differently, shall have the meaning established below, and may be used in the masculine, feminine or neuter, as well as in the singular or plural, indistinctly and according to the context:
“Cookie”: A data file stored on the user’s device when the user accesses the Site.
“Data Processor”: Natural person or legal entity that collects, stores, retains, uses, blocks or deletes personal data of Users on behalf of FractalUp, by virtue of a legal relationship that binds it to the latter and delimits the scope of its action.
“User” and/or “Users”: Any natural person, natural person with a business, or legal person who registers on the Platform for the purpose of acquiring the products and/or services offered on the Platform.
“Visitor” and/or “Visitors”: Any natural person, natural person with a business, or legal person who accesses the Platform; however, does not register or log in. Unless otherwise specified, for the purposes of this policy we will use the term User(s) to refer to Users and Visitors interchangeably.
“Registered Visitor”: A natural person, a natural person with a business, or a legal person who accesses the Platform; registers or logs in, but has not been promoted or his/her role has not been changed to that of a member.
“FractalUp” or “Platform”: Includes: (i) the internet website fractalup.com ii) the internet website on a private domain but supported by FractalUp services and, (iii) the corresponding applications for mobile devices. The Privacy Policy applies only to the information that Users provide to us through the Platform.
“Personal Data”: All information about a natural person that identifies him or her or makes him or her identifiable through means that can be reasonably used; such as his or her first and last names, ID number, telephone number, email address, among others, that FractalUp considers appropriate to request, in order to be able to provide the services and/or products offered on the Platform in an appropriate manner.
“General Information”: By itself, it does not allow the User to be identified, but it may be required by FractalUp to provide its services.
From now on, it will be understood that the expression “Personal Data” will refer to the Personal Information and General Information provided by the Users.
What information do we collect?
3.1. User profile and content.
FractalUp collects General Information from Users who access the Platform, including:
a. Geographic location, IP number, time of use within the Platform, content viewed, notes saved, and other data from your navigation within the Platform.
b. Your Personal Information/Personal Data from the registration form and updating your user profile, including: your email address, full name and surname, password, phone number, personal identification number, tax identification number of your organization, date of birth, gender, profile photo, address, name of your organization, position in your organization, image of your organization, and more custom fields that may be requested by the FractalUp Administrator, among others.
c. Content shared within the Platform. We collect the content, communications, interactions and other data that you provide when you use our Service. For example, when you sign up to watch videos, complete exercises, and send messages (including written messages, audio messages, images, attachments) to or communicate with other people. This may include information in or about the content that you provide (such as metadata), for example, the location of your mobile phone, a photo, or the creation date of a file.
d. Course data (product behavior and usage, comments, files uploaded, and projects created).
e. Payment details that the user has saved within. f. Purchase data.
FractalUp may request other Personal Data that it deems appropriate at any time. Other users can search for you by name and view your personal data (first name, last name, age, and others).
3.2. Networks and connections.
We collect information about the people, accounts, and groups you are connected to and how you interact with them on our Site, such as the people you communicate with the most or the groups you are part of. We also collect contact information if you choose to upload, sync, or import it from a device (such as an address book, call log, or SMS history), which we may use for purposes such as: helping you find new people, or people you may know, and for other purposes related to providing you with personalized service.
Subject to your consent, opt-out preferences, or other appropriate basis where legally required, we use third-party service providers such as Google services (Google Analytics, Google Calendar) to provide certain analytics and user interaction services to FractalUp regarding the characteristics and activities of FractalUp's visitors. Linked Google services are subject to their Privacy Policy and Terms of Service . We also use Microsoft services, for example to provide authentication and calendar event management services, you can review Microsoft's privacy statement here.
FractalUp's use and transfer of information received from Google APIs to any other application will comply with the Google API Services User Data Policy , including the limited use requirements.
3.3. Your use.
We collect information about how you use FractalUp, such as the types of content you view or interact with, the features you use, the actions you take, the people or accounts you interact with, and the time, frequency, and duration of your activities. For example, we log when you are using and when you last used our Service, and what videos, exercises, simulators, and other content you access on our Site; and how you interact with them.
3.4. Information about transactions carried out on our Service.
If you make purchases or other financial transactions on our Site, we collect information about that purchase or transaction. Notwithstanding the above, for security reasons, FractalUp does not collect or store: (i) sensitive cardholder data (such as full credit card numbers or card authentication data), (ii) instructor data, (iii) data about user accounts on other services, unless they are connected to the FractalUp account.
We use different international gateways to process content payments, which process all this information and by accepting the Privacy Policy you agree to share your information with the payment gateways used. We do not have access to credit card data or information within a Paypal account.
3.5. Activity of other users and Information they provide about you.
We also receive and analyze content, communications, and information provided to us by others when they use our Service. This may include information about you, such as when others share or comment on a post you make, send you a message, or upload, sync, or import their contact information.
3.6. Device information
We collect information from the computers, phones, and other web-connected devices you use that integrate with our Service or from the FractalUp mobile app, and we combine this information across the different devices you use. For example, we use the information we collect about how you use our Service on your phone to better personalize the content (including ads) or features you see when you use our Service on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone or another device.
The information we obtain from these devices includes:
a. Device attributes: Information such as operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, browser extensions, application and file types and names, and plugins.
b. Device operations: Information about operations and behaviors performed on the device, such as bringing a window to the foreground or background, or mouse movements (which can help distinguish humans from bots).
c. Device signals: Bluetooth signals and information about nearby Wi-Fi access points, beacons, and cell towers.
d. Device Settings Data: Information you allow us to receive through the settings you enable on your device, such as access to GPS location, camera, or photos.
e. Cookie data: Data from cookies stored on your device, including cookie settings and cookie IDs. The user token is also stored to authenticate the user and allow access to protected resources.
f. Google Cookies: These are used for various functionalities provided by Google, such as tracking user activity on Google services, such as Google Analytics.
g. LocalStorage: Data such as location, time on the platform, and FractalUp modules you have logged into is stored. This data is kept encrypted while at rest to ensure its security and privacy.
3.7. Partner information.
Advertisers, Entities, application developers or others related to FractalUp may send us information about your activities outside the Site, including information about the device you use, the websites you visit, the purchases you make, the advertisements you see and the way you use their services. For example, an advertiser may inform us about a purchase you made on their website.
How do we use this information?
We use the information we obtain (based on your use of our Service) as described below and to support the FractalUp Service and related services. Here's how we do it:
4.1. We provide, personalize and improve our Service.
We use the information we have to develop our Service, as well as to personalize features, Content, and make suggestions to you (such as content you may be interested in or part of) both on and off our Site. To make our Service personalized, unique, and relevant to you, we use your connections, preferences, interests, and activities based on the data we collect and that you and others provide to us (including data with special protections you choose to provide to us), as well as the way you use and interact with our Products, and the people, places, or things you connect with and are interested in, both on and off our Site.
a. Device Information and FractalUp Content: We link information about your activities across devices and FractalUp Content to provide a more personalized and consistent experience, wherever you use them. For example, we may suggest that you join a new group, space, or community that includes people you've connected with.
b. Location-related information: We use location-related information, such as your current location, where you live and the places you visit, and the businesses and people near you, to provide, personalize, and improve our Service, including ads, so that they are more relevant to you and others. Location-related information may be based on factors such as the precise location of your device, IP addresses, and information about how you and others use our Service.
c. Research and Product Development: We use the information we have to develop, test, and improve our Service, including through surveys and research, and to test and troubleshoot features and expand our Content .
d. Facial Recognition: We will use facial recognition technology to recognize your face in front of the camera of the device you are using and compare it to the photo on your ID, e-ID, or other identification you have provided. By using our service, you agree to give us permission to access this information. This information is used by us or the administrators of the Site to verify your identity; ensure that the assessments, exams, assignments, and other activities that are registered in your account are carried out by you; and to identify patterns of behavior that may jeopardize the security of our users.
e. File Recognition: We will use image recognition technology to establish labels that allow us to identify and describe the images you upload to FractalUp . For example: If you upload a photo of a Rosa Parks , our algorithms could create the labels “ Pink ”, “ Rosa Parks ”, “ activist ”, “ African American ”, “ civil rights ”, “ United States ”, “ 1955 ”, etc.
f. Ads and other advertising content: We use information we have about you, including information about your interests, actions, and connections, to select and personalize ads, offers, and other advertising content to display to you.
4.2. We provide measurement, analysis and other business services.
We use the information we have to help advertisers and other partners measure the effectiveness and distribution of their ads and services, as well as to help them understand what types of people use their services and how they interact with their websites, applications and services.
4.3. We promote safety, integrity and security.
We use the information we have to verify accounts and activity, combat harmful behavior, detect and prevent spam and other negative experiences, maintain the integrity of our Service, and promote security within the Site. For example, we use the data we have to investigate suspicious activity or violations of our terms and policies.
4.4. We communicate with you.
We use the information we have to send you marketing messages, communicate with you about our Service, provide technical support, and inform you about our policies and terms. We also use your information to respond to you when you contact us.
How is this information shared?
Your information is shared with others in the following ways:
5.1. Users with whom you communicate and share information.
When you communicate and share information using our Service, it is displayed to all users of the Worksite to which you belong, as well as in spaces that are visible to the general public, including Visitors.
5.2. Content others share about you.
We encourage you to think carefully about who you communicate with and check who your followers are, as people who see your activity on our Site may choose to share it with others both on and off the Site. For example, if you share a post or send a message to someone on the Site, they may take a screenshot of that content or download it or re-share it with others on or off the Site. Also, when you comment on someone else's post, anyone who can see that person's content will also see the comment or reaction.
a. Information about your active status or presence on our Service. We may include signals that tell people in your networks whether you are active on our Service, including whether you are currently active or when you last used our Products.
b. New owner. If ownership or control of all or part of our Service or its assets changes, we may transfer your information to the new owner.
c. With external partners. We work with third-party partners to help us provide and improve our Service. We do not and never will sell your information to anyone. We also impose strict restrictions on how our partners can use and disclose the data we provide. These are the types of third-party partners with whom we share information:
Advertisers
We provide advertisers with reports about what types of people see their ads and what results they generate. However, unless you give us permission to do so, we do not share information that personally identifies you, such as your name or email address, that can be used to contact you or that may reveal your identity. For example, we provide advertisers with general demographic data and interest information (for example, that a woman between 25 and 34 years old living in Mexico City and interested in software engineering saw an ad) to help them better understand their audiences. We also confirm which FractalUp ads led you to make a purchase or take an action with an advertiser. However, you may voluntarily provide your personal information to advertisers by accessing an ad posted on our Site.
Measurement Partners .
We may share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.
Sellers and service providers . We provide information and content to vendors and service providers who support our business, such as those providing technical infrastructure services, analytics on the use of our Products, customer support, payment administration, or surveys.
Research .
We use your personal information and the content you share to conduct research that advances knowledge and innovation that supports our business or mission, and that enhances discovery and innovation on topics related to general societal well-being, technological advancement, and public interest, health and well-being.
Authorities and legal requests . We share information with authorities or in response to legal requests to ensure the safety of our users.
User Rights
Users may access, rectify, oppose and cancel their Personal Data (“Arco Rights”), as well as other rights granted by law, which may be exercised by requesting the template in Annex A hereof addressed to the following email: [email protected]
FractalUp's conduct in relation to the exercise of Arco Rights by the User is subject to the provisions and deadlines established by the Regulatory Framework for the Protection of Personal Data.
Without prejudice to the foregoing, FractalUp may retain certain information of the User who requests the deregistration, in order to serve as evidence in the event of a claim against FractalUp for liabilities arising from the processing of said information. The duration of said retention may not exceed the legal limitation period for said liabilities.
How can a user request access, rectification, cancellation and/or opposition of his/her personal data?
7.1. ARCO rights
Pursuant to ARCO rights, the User has the following rights:
a. Right of access It allows you to find out from the FractalUp database if your personal data is being used and also to request information about the origin of said data.
b. Right of rectification It allows you to update or complete your missing personal data. You must specify which data you wish to modify or add in the application and attach a document that validates it.
c. Right of cancellation It gives you the power to request the deletion of your personal data as long as:
They are no longer necessary regarding the origin of the collection.
The deadline established in your services contract has expired.
Deletion will not proceed when personal data must be kept for reasons strictly related to applicable laws or the relationship between the controller and the owner. d. Right to object If your personal data is being used for reasons other than the original ones, you can submit a request to restrict its use. You must indicate and justify which personal data you wish to restrict the use of.
8. Processing by third parties
Whenever FractalUp entrusts the processing of personal data to a third party, or allows third parties access to its databases for the provision of a specific service (“Data Processors”), FractalUp will take into account the following specifications:
Any processing of Personal Data carried out by a third party other than FractalUp must be regulated in an agreement with the Data Processors (“Agreement with the Data Processors”), which expressly establishes that the processing of Personal Data will be carried out following the instructions of FractalUp and under the regulation of the Data Regulatory Framework. Likewise, FractalUp will establish with the Data Processors that the Personal Data will only be processed for the purposes authorized or established in the contract, so that the Data Processor will not use them for a different purpose, nor will it communicate them improperly to other persons.
The Agreement with the Data Processors must stipulate the security measures that the Data Processor will be obliged to implement, such as the protection of Personal Data, the return or destruction of Personal Data, once the assignment has been completed.
The Agreement with Data Processors shall establish that, in the event of non-compliance by the Data Processor, the offender shall be liable to FractalUp and to the authorities for any unauthorized processing or use of the Personal Data.
If the Data Processor needs to subcontract the services it has undertaken to offer to third parties, it must obtain prior authorisation from FractalUp, and this will only be possible if the subcontractor assumes the same obligations as the Data Processor.
The Agreement with the Data Processors must also establish confidentiality obligations regarding the information to which the Data Processor has access, and said obligations shall remain in force even after the term of the contract has ended.
Incorporation of Personal Data into a Database
In accordance with the provisions of the Personal Data Protection Regulatory Framework, FractalUp informs the Users of the Platform that the User's Personal Information will be incorporated into the databases owned by FractalUp.
The databases will be stored through external servers and the data retention period will be in accordance with the purpose of its storage. Notwithstanding the foregoing, FractalUp is hereby authorized to retain certain information after the purpose has been fulfilled, so that it may serve as evidence in the event of a claim against FractalUp for liabilities arising from the processing of said information. In this sense, through this Policy the User gives his/her express consent for the inclusion of his/her Personal Information in the aforementioned databases.
About security measures
FractalUp guarantees the protection of the User's Personal Data and prevents its alteration, loss, processing and/or unauthorized access, taking into account the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of the Personal Data Protection Regulatory Framework.
FractalUp employs various security measures to prevent unauthorized access, misuse or disclosure with technology and processes used in the industry. Notwithstanding the foregoing, FractalUp is not responsible for illegal interceptions or violations of its systems or databases by unauthorized persons, as well as the improper use of information obtained by such means, or any illegitimate interference beyond the control of FractalUp and not attributable to it.
FractalUp is not responsible for any damages or losses that may arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of the electronic system, or from delays or blockages in the use of the Platform, caused by reasons beyond the control of FractalUp.
Likewise, FractalUp assumes no responsibility for any possible damages, fines or legal actions that may arise due to non-compliance with the obligations of the External Servers contracted for the Platform.
Additionally, the FractalUp Platform may contain links to other websites; however, it assumes no responsibility for the content of the privacy policies and/or practices of other websites. When a User accesses a link that redirects him/her to another website, he/she must accept and be bound by the privacy policy of said website.
Cross-border flow of data
The servers, providers and/or computers used by FractalUp to provide its services may be located outside the country or under another governmental jurisdiction. The User authorizes FractalUp to transfer, store and process his/her Personal Data internationally (“Cross-Border Flow”) in accordance with the provisions established in the Regulatory Framework for the Protection of Personal Data, for which he/she expresses his/her prior, informed, free, express and unequivocal consent.
Regarding the Accuracy of Personal Data
Each User is responsible for the truthfulness, accuracy, validity and authenticity of the information provided, and undertakes to keep it duly updated. Without prejudice to the foregoing, the User authorizes FractalUp, if it deems it appropriate, to verify the veracity of the Personal Data provided, through information obtained from publicly accessible sources or from entities specialized in the provision of such information.
Personal information requested by public authorities
FractalUp undertakes not to disclose or share the User's Personal Data without the User's due consent, except for requests for information from public authorities in the exercise of their functions and within the scope of their powers; pursuant to court orders and/or legal provisions.
Cookies and other information
We use the user's IP address to identify problems, manage the Platform and identify traffic behavior patterns. Cookies or similar technology are also used to be able to offer you content according to your interests and to store your password so that the User does not have to enter it again each time he/she returns to the Platform. It is important to mention that we use different types of cookies, data collection tools, profile analysis and online advertising. In this sense, in order for you to have detailed information, we ask you to review FractalUp's Cookie Use Policy.
Consent
Users declare that they have previously read and give their free, express, unequivocal and informed consent for FractalUp to process their Personal Data; they also declare that they have been informed about what information is collected, the manner in which it will be done and the purpose of the collection of the Personal Data.
Minors
Users declare that they have previously read and give their free, express, unequivocal and informed consent for FractalUp to process their Personal Data; they also declare that they have been informed about what information is collected, the manner in which it will be done and the purpose of the collection of the Personal Data. In the event that FractalUp collects and processes the Personal Data of minors, which are necessary and essential for the development of the contractual relationship with the minor User, FractalUp will inform the owner of the personal data and/or his/her legal guardian about the purposes of the processing of the Personal Data, in accordance with the provisions of article 14 of the Personal Data Protection Law.
Policy Update
FractalUp expressly reserves the right to modify and/or update this Policy at any time, in accordance with changes or requirements of the regulations or due to adjustments to the service made at FractalUp's discretion. Any modification and/or update made to this Policy will come into effect upon its publication on the Platform. Likewise, FractalUp will make its best effort to notify Users of such modifications through their registered email or by making a publication on the Platform.
Assignment of contractual position
The User expressly authorizes the transfer of this Policy and the Personal Data to any person who (i) is bound by this Policy; and/or (ii) is the new controller of the databases containing the Personal Data. After the transfer has taken place, FractalUp will not have any liability for any event that occurs after the date of the transfer. The new person responsible for the database will assume each and every one of FractalUp's obligations established in this Policy regarding the treatment, protection and conservation of Personal Data.
Applicable legislation
The Privacy Policies are governed and interpreted in accordance with the laws in force in the Republic of Peru, subject to the jurisdiction of the Judges and Courts of Lima, Peru.
Contact
FractalUp welcomes any questions, complaints or comments regarding the Privacy Policies. Send us an email to [email protected] By using our services, you declare that you have read the Privacy Policy, expressly accept all the terms contained therein and also authorize FractalUp to send you advertising and/or commercial material.
Last revised: June 26, 2023
