Version 1.0 - 9 April 2019.
Table of Contents:
1. Key Terms
2.3. Data Protection Officer
4. Information We Collect and Receive
5. How we use Personal Data
6. How we share and disclose the Data
6.1. Disclosure of Personal Data
6.2. Marketing communications about the website
6.3. Social Media Marketing
7. Retention of your Personal Data
8. Age Limitations
11. Users from the European Union
11.1. EEA (European Economic Area)
11.2. Legal basis for Data Processing
11.3. International transfers of Personal Data
11.4. Your Rights
13. Data ProtectionAuthority
14. Contacting Awápa
1. Key Terms:
• "Member" means any person, entity or user that has an account registered with Awápa to use our Websites or Services.
• “User”: for whom the product or service offered by Awápa is designed.
• "B2C Seller" (B2C: business-to-consumer) is an individual or entity who exchanges any good or service in return for payment - selling directly to consumers who are the end-users of its products or services.
• "B2B Seller" (B2B: business-to-business), is a party or entity who exchanges any good or service with another business, in return for payment. In such a form of transaction, might be involved a manufacturer and wholesaler, or a wholesaler and a retailer.
• "Personal Information" or “personal data” means any information that identifies or can be used to identify a Member, a User or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
• "Visitor" means any person who visits any of our Websites.
• "you" and "your" means, depending on the context, either a Member, a user or a Visitor.
• "Consent" means informed, unambiguous and freely given permission from the data subject to have data relating to him or her processed.
• "Controller" means natural or legal person, public authority or other body which establishes the purpose and method of data processing, alone of together with other actors.
• "Cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.
• "Processor" means the natural or legal person, public authority or other body which processes data on behalf of the controller.
• "EEA - EuropeanEconomic Area". The members of the Association are the 28 member countries of the EU and the following EFTA (European Free Trade Association) members: Iceland, Liechtenstein and Norway (except Switzerland).
2.1.1. Awatea Suplidora Centroamericana Sociedad Anónima (hereinafter referred to as “Awápa", “Awápa Emercado”, “Awápa Marketplace”, “Awápa B2B”, “awa.pa”, "we", "us" or "our") is committed to protecting the privacy of any personal data that you provide to us or that we collect about you ("PersonalInformation" or “Personal Data"). Personal Information is information which identifies you and/or which relates to you, and may include your name, address, date of birth, payment card details, purchasing history, order records, account details, and any other information that we hold about you. We are a controller (also known as a "data controller") in respect of your Personal Information. Controller is a legal term and means that we are responsible for determining the purposes for which your Personal Information is processed..
2.1.4. All data collected and processed through the Awápa are incorporated, depending on the territory in which the user is located, to files that are the responsibility of AWÁPA and its affiliated entities..
2.2.1. Republic of Costa Rica, San José, del Parque de La Amistad, 300 meters West and 50 meters South, 10109 Pavas.
2.3. Head of Data Protection
2.3.1. Department of Data Protection
Oficial de protección de datos / Data Protection Officer: Leos Wolny
Email: [email protected]
4. Information we Collect and Receive
4.1.1. Your privacy is very important to us and we have taken steps to ensure that we do not collect more information about you than is strictly necessary so that we can make our services available to you and protect your account:
4.1.2. When the user registers in Awápa, data such as the user's name, phone number and email address will be collected. If you open an Awápa account through social networks such as Facebook, Instagram, Google or Twitter, we may collect your user name and profile picture of those networks.
4.1.3. If you choose to answer our additional questions for registered members, we may also collect data such as your marital status, nationality, sex, date and / or year of birth, annual income, monthly expense and user preferences. If you prefer not to provide us with this information, the use of our products and services will not be affected.
4.1.4. If you are registered as a seller or supplier of goods or services, in addition to the data mentioned above, we can collect your national identity document number, tax identification number and information about your company, such as those related to the operating license of the company.
4.1.5. If Awápa satisfactorily certifies you as a blogger or influencer, in addition to the aforementioned data, we will also collect the live videos you upload, the names and profile photos of your social media accounts and the publications or comments of the members of the Site.
4.1.6. If you contact our customer service, we may record the conversation and collect additional information to verify your identity.
4.1.7. In connection with any operation and payment services, or with those services that are included in our consumer protection program, it is possible to collect, among others, data such as bank account numbers, billing and shipping information, credit/debit card numbers, expiration dates, security codes and tracking information for checks or bank transfers to facilitate the purchase and sale of the products or services that have been obtained through the Awápa.
4.1.8. We record data of the user activity in Awápa. Information related to such operations may be collected (including, but not limited to, product classes and specifications, price and delivery information, records of any litigation, and information published in any discussion forum) when operations are performed or facilitate through Awápa.
4.1.9. We periodically collect information about our users and potential users during trade fairs, industry events or other events. The data we collect during these events, include, among others, user name, address, telephone, fax and email.
4.1.10. We register shopping and browsing activities on our platform, which includes data such as IP addresses, browsing patterns, purchase patterns and data on access equipment, among others. In addition, we collect statistical data about the Sites and the visits to them, including IP addresses, information about the browser and the operating system, information about the software and hardware, the pages visited, the number of sessions and the unique visits.
4.1.11. Some of the data we collect can be defined as Personal Data within the framework of the applicable legislation on data protection (hereinafter, the "Personal Data").
4.1.12. To enable us to provide our products and services to users, users must provide data of certain categories (among which there may be personal data), such as username, phone number and email. If certain information is needed, we will let you know when we will collect it. If users do not provide sufficient data marked as mandatory, we can not complete the registration process or provide certain products or services..
5. How we use Personal Data
5.1.1. We collect and use your Personal Data for the following purposes:
a) verify your identity;
b) verify your eligibility to register as a user of the Sites or become a blogger or an influencer of the Sites;
c) process your registration as a user, providing you with a log-in ID for the Sites and maintaining and managing your registration;
d) provide customer service and answer your questions, comments, claims or disputes;
e) facilitate communication between buyers and sellers on the Sites, process transactions and payments, assess requests for advance payment from sellers and provide shipping services;
f) assessing account security and transaction risks of members, detecting and preventing fraud and other security incidents;
g) personalize our communications with you based on your browsing history, information about the access equipment we have collected and your order history, as well as conduct studies or statistical analysis to improve the content and format of the Sites, as well as improve our offer of products and services, which includes, for example, the use of anonymized data for machine learning purposes;
i) We may also use your Personal Data for other purposes that are not incompatible with the purposes we have disclosed to you (such as for purposes of archiving public interest, scientific or historical research, or for statistical purposes) if and where this is permitted by the laws of protection of applicable data.
6. How we share and disclose the Data
Disclosure of Personal Data
a) marketing platforms, such as Mailchimp, Google, Twitter, Facebook, Linkedin, Instagram and Pinterest, as well as analysis service providers in relation to the behavior of users, in order to personalize the content you see when you visit our Websites. These marketing platforms can combine the information they collect on our sites with data from their platforms and data they collect on other websites or through other sources to offer personalized advertising. The activities of these external marketing platforms are governed by their own privacy policies and not by this one;
c) suppliers of credit risk assessment to carry out a risk analysis of the sellers in order to determine if they can enjoy the advantages of early collection;
d) logistics partners in order to provide shipping services to buyers and storage services to sellers;
e) custom agents for customs clearance purposes;
f) providers of cloud computing services in order to provide cloud storage services;
g) warranty service providers to provide warranty services;
h) customer service providers to provide after-sale services; and
i) providers of risk control services to assess the security of member accounts and operational risks.
6.1.2. These service providers must comply with our data protection and security requirements and can only use your Personal Data for the purposes described above, and not for their own purposes.
6.1.3. For the purposes mentioned above, we may share your Personal Data with Awápa affiliated companies and / or their designated Service Providers, which include a group of companies that manage accessible retail and B2B markets through the Internet and mobile devices, as well as cloud computing and other services.
6.1.4. If we deem it necessary to comply with the applicable legislation or to exercise, establish or defend our legal rights or protect your vital interests or those of any other person, we may also disclose and transfer your Personal Data to our professional advisors, security, insurers, public or regulatory bodies and other organizations or as otherwise required or permitted by applicable law.
6.1.6. We may also disclose your personal information to any other person with your consent to the disclosure.
6.1.7. We will keep your Personal Data as long as we have a continuing legitimate business need to do so, for example, to provide you products or services or as permitted by applicable law, for example, in tax or accounting matters.
6.1.8. The information that you submit to the Sites for publication may be published on the Websites and, therefore, be accessible to any Internet user. You must be careful when deciding what information you send us to publish it..
6.1.9. We may provide aggregated or anonymized data to third parties, but in doing so, we share the information in an anonymous format, so you are not personally identified.
6.1. Marketing communications about the website
6.1.1. As a user of our websites, you can inform us whether or not you wish to be contacted by our marketing team and, if so, we can contact you.
6.1.2. We can use your Personal Data to offer personalized experiences on our Website. We may, eventually, send personalized content using cookies to understand your behavior and your preferences online. To understand how cookies are used, consult the Cookies Policy.
6.1.3. Marketing communications on the site may contain details about:
• New products and / or services, accumulated prizes and promotions available to you on our Website;
• our Loyalty Program (for example, VIP, Students, B2B, etc.), your rewards and promotional payments on our Website; and
• other promotional information of our Site and Services..
6.1.4. You can choose to opt-in to receive marketing communications from us about the website via the following channels:
• Email marketing: when you opt-in on the website to receive marketing communications by e-mail;
• SMS marketing: when you opt-in on the website to receive marketing communications by SMS;
• Phone marketing (telemarketing): when you opt-in on the website to receive marketing communications by telephone;
• Post marketing: when you provide your contact details and have not opted-out from receiving marketing communications by post; and
• Push notifications: when you have installed our app on your device and enable push notifications in your device settings.
6.1.5. You may opt out from receiving our marketing communications about the Website and / or Services at any time by following the instructions below:
• Email marketing: to opt-out from receiving more emails from our Website, use the unsubscribe link provided in any email you receive or manage your preferences in your account;;
• SMS marketing: to opt-out from SMS (text messages), you can use the STOP code provided in any SMS message received or manage your preferences in your account;
• Phone marketing (telemarketing): to opt-out from being contacted by phone by our marketing team (for marketing purposes), you can manage your preferences in your account;;
• Post Marketing (marketing via mail delivery): to opt-out from receiving mail marketing, you can manage your preferences in your account; and
• Push notifications: to opt-out from receiving automatic (push) notifications, you can turn off push notifications in your device settings.
6.1.6. When you choose to opt-out from receiving email, SMS text messages or phone calls on our website, you will stop receiving marketing communications within 72 hours.
6.1.7. When you decide to opt-out from receiving the post marketing about the website, please keep in mind that it may take up to 28 days for your request to take effect.
6.2. Social Media Marketing
6.2.1. We may also use the information you provide to us to show you relevant advertising and personalized content about our Company's Websites on certain third-party social media platforms ("Social Media Sites") available through those services (eg, Google, Twitter, Facebook, Linkedin, Instagram, Pinterest, etc.). We do not control the way in which these Social Media Sites operate and collect your information, and you must read their respective privacy policies to understand how they use your personal information.
7. Data Retention
7.1.1. Awápa retains your personal information as long as we have an ongoing legitimate business need to do so for example to provide services or products to you, or as required or permitted by applicable laws, such as tax and accounting laws.
7.1.2. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7.1.3. In accordance with applicable law, you may have the rights to access the Personal Data in our possession and other rights. If you are visiting us from the European Union, see section 10. Visits from the European Union below for more information.
7.1.5. If and to the extent permitted by applicable law, we may charge a fee for the processing of any request you make with respect to your Personal Data..
8. Age Limitations (Minors / Children)
8.1.1. Minors are not authorized to buy products or services from Awápa. The products and services for minors that we sell must be acquired by adults. Children under 18 years of age may only use the Awápa Services under the supervision of a parent or guardian. However, we have no way of distinguishing the age of individuals who access our Site. If a minor has provided us with personal information without the consent of their parents or guardians, they should contact [email protected], so we take steps to delete such information.
9.1.1. We use commercially reasonable security measures to prevent unauthorized access to the Websites, maintain the accuracy of the data and ensure that the information we have is used correctly.
9.1.2. Registered users of the Websites can view and edit a part of their information through their account, which is protected with a password. We recommend that you do not give your password to anyone. Our staff will never ask for your password by phone or email. If you share a computer with more people, you should not check the option to save your login information (eg, username and password) on that computer. Remember to close the session of your account and close the tab of your browser when you have finished your session.
9.1.3. It can not be guaranteed that the transmission of data over the Internet or any wireless network is perfectly secure. Therefore, although we try to protect the information you have available to us, we can not guarantee the security of any information you transmit to us, so you do so at your own risk.
11. Users from the European Union
11.1. EEA (European Economic Area)
11.1.2. If it is located in the EEA, its controller is Awatea Suplidora Centroamericana S.A. (Legal document 3-101-615058, volume: 2010 entry: 179370 and date of registration: 08/25/2010). For contact details, see section 13. Contacting Awápa below.
11.2. Legal basis for Data Processing
11.2.2. If we ask you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, we will make that clear at the appropriate time and inform you if the provision of your Personal Data is mandatory or not (as well as the possible consequences of not providing your personal data). In some cases, you may need to provide us with Personal Data for their processing for the purposes described above so that we can provide you with all our services and so that you can use all the functions of our Websites and Services.
11.2.3. We will retain your Personal Data whenever we have a continuing legitimate business need to do so, for example, to provide you with services or products, or as required or permitted by applicable laws, such as tax and accounting laws. When we do not have a legitimate activity in progress to process your Personal Data, we will delete it or anonymize it or, if this is not possible (for example, because your Personal Data was stored in backup files), we will securely store your Personal Data and we will isolate them from any further processing until elimination is possible.
11.2.4. If you have questions or need more information about the legal basis on which we collect and use your Personal Information, please contact us using the contact information provided in section 13. Contacting Awápa below.
11.3. International transfers of Personal Data
11.4. Your Rights
11.4.1. In certain countries, including the EEA, individuals have certain legal rights in relation to their personal data. Notwithstanding the exceptions provided by law, you may have the right to request access to the Information, as well as to request the updating, elimination or correction of said Information. Generally, you can do so through the settings and tools provided in your account.
11.4.2. If you are a resident of the EEA, you have the following data protection rights, which you can exercise at any time by contacting us using the contact information provided in section 13. Contacting Awápa below:
• The right to access, correct, update or request the deletion of your personal data.
• The right to object to the processing of your personal information when based on our legitimate interests, and separately, the right to object to direct marketing.
• The right to request, in some situations, to restrict the processing of your personal information or request the portability of your personal information.
• The right to choose not to receive marketing communications that we can send at any time. You can exercise this right by clicking on the "unsubscribe" link in the marketing emails we send you. To unsubscribe from other forms of marketing (E-mail marketing, SMS marketing, Postal marketing, Push notifications, Telemarketing), please contact us using the contact information provided in section 13. Contacting Awápa below.
• If we have collected and processed your personal information with your consent, then you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the legality of any processing we have carried out prior to your withdrawal, nor will it affect the processing of your personal information made on the basis of legal processing reasons other than consent.
• The right to file a claim with a data protection authority about our collection and use of your personal information. For more information, contact your local data protection authority.
11.4.3. We respond to all requests we receive from people wishing to exercise their data protection rights in accordance with applicable data protection laws. If you detect changes or inaccuracies in your data, you must inform us so that we can update or correct our records.
12.2. What are cookies?
12.2.1. A cookie is a simple text file that is sent to your browser by a website’s server, and only that server will be able to retrieve or read the contents of that cookie. It is stored on your computer's or mobile device’s hard drive. Each cookie is unique to your web browser. If you do not de-activate or erase the cookie, each time you use the same browser or mobile device to access the Website, our web servers will be notified of your visit to the Website and in turn we may have knowledge of your visit and the pattern of your usage.
12.2.3. Cookies may be set by the website or app you are visiting (in this case, AWÁPA) and are called “first party cookies” or they may be set by other websites who run content on the page or application you are viewing (“third party cookies”).
12.2.4. AWÁPA Cookies: use a number of different cookies on this Website to help us to recognise you, track your activity and improve your use and experience of the Website.
12.2.5. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites. Such services include, but are not limited to, helping us to improve your use and experience of the Website by tracking your activity on the Website, measuring the effectiveness of the Website and the effectiveness of our marketing campaigns.
12.3.1. We use first and third party cookies for several reasons. Some cookies are required for technical and/or security reasons in order for our Website to operate, and we refer to these as "essential" or "strictly necessary" cookies. First party cookies are mainly served to enable basic functionality on our Website; including web analytics cookies that help us understand how users use our web pages and how we can improve their use. For example we use essential or strictly necessary cookies to enable us to remember goods added to your AWÁPA shopping cart and to recognize you when you sign into your AWÁPA account.
12.3.2. In addition we also use social media cookies. You may register for Website membership and "share" Platform content through social media such as Facebook, Instagram and Twitter. Sometimes we embed videos from websites like YouTube. These websites have their own privacy policies which govern their use of information, which you can find on the respective websites.
12.4. Cookies we use
12.4.1. The specific categories of first and third party cookies served through our Website, the purposes they perform and the lawful basis on which we carry out such processing, are described below (please note that the specific cookies served may vary):
- Essential Cookies: are necessary for the operation of our websites and mobile applications, including allowing you to access and interact with our websites and mobile applications and to remember selections as you move between pages. They are necessary for regulatory compliance, ensure the proper performance and functionality of our website as well as security including identifying multiple accounts, false logins or potential fraud. These cookies cannot be disabled (necessary to comply with a legal or regulatory obligation and for the performance of the contract).
- Statistical Cookies: those that analyse (analytics cookies) your use of our websites and monitor our web audience so we can continue to analyse and improve our website and services, and those that populate certain content on our website in line with your usage so we can better tailor our website to our customers (legitimate interest).
- Personalisation and Service Cookies: are used to remember your computer or mobile device when you visit a website. They remember your registration and login details and your settings and preferences such as language, region, currency and buying section (e.g. B2B / B2C / COFFEE). They are also used to ensure you don’t have to login every time you use your browser to comment on articles and to ensure interactive services work effectively. Personalization cookies are also used to recommend content we think you'll be interested in by serving and measuring relevant advertising, based on what you've looked at before. Personalization cookies may also include social media cookies which are used to enable you to log into our Website using your social media accounts and to share pages and content that you find interesting on our Website through third party social networking and other websites. These cookies may also be used for advertising purposes too.
- Marketing cookies: that help us to ensure that we provide you with more targeted and relevant marketing. We will also use marketing cookies to evaluate the effectiveness of our marketing communications by monitoring open rate and conversions (consent). Example of Marketing cookies: Facebook http://www.facebook.com, Twitter http://www.twitter.com, Google http://www.google.com, Bing https://www.bing.com/, Yahoo https://www.yahoo.com/, Yandex https://yandex.com.
12.5. Other tracking technologies
12.5.1. Cookies are not the only way to recognise or track visitors to our Website. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Website or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Website to another, to deliver or communicate with cookies, to understand whether you have come to our Website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
12.6. How can I control cookies?
12.6.2. You have the right to decide whether to accept or reject cookies. If you choose to set your web browser controls to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. Certain features of the Website depend on cookies. Please be aware that if you choose to block cookies, you may not be able to sign in or use those features, and preferences that are dependent on cookies may be lost.
12.7. Google Analytics
12.7.1. Our Website uses Google Analytics - an internet analytics service provided by Google, Inc. ("Google"). Google's cookies allow us analyze the use of the Website by telling us which pages our users are viewing, which ones are most popular, what time of day our Websites are visited, if users have previously visited our Website, from which website users are redirected to our Website and the like. The data generated by the cookie about your use of the Website will be transmitted to Google and stored by Google on servers in the United States.
12.7.2. Google uses the data on behalf of awa.pa to evaluate your use of the Website, to compile reports on website activity for the website operators and for other website activity and internet usage services. Google may disclose this information to third parties under the terms of the law or for further processing by third parties on behalf of Google. For more information about Google Analytics cookies, visit:
12.7.3. The IP address that your browser will pass on to Google Analytics will not be associated with any other data stored by Google. Through your browser settings, you can block cookies; however, this can lead to problems with the use of some functionalities of the website. Through the add-on "Google Analytics Opt-out" you can through your current Web Browser Opt-out to the use of Google Analytics.
13. Data Protection Authority
13.1. Subject to applicable law, you also have the right to (i) restrict Awápa’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Bulgarian National Data Protection Commissioner, which is Awápa’s lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority:
Bulagarian Commission for Personal Data Protection
2, Prof.Tsvetan Lazarov blvd.
Tel. +359 2 915 3580
Fax +359 2 915 3525
e-mail: [email protected]
14. Contacting Awápa
Awatea Suplidora Centroamericana S.A.
Del Parque de La Amistad 300m Oeste y 200 Sur,
Diagonal al Centro Comercial el Triangulo.
Rohrmoser, Pavas, San José 10109
Costa Rica - Centroamérica