Privacy and Confidentiality of Bosanet Information

At BOSANET we understand the protection of personal data as the way to protect our users. The responsible use of personal information allows us to protect the privacy of our community of users, but rather we provide our services with integrity and security. It is for this reason that we do everything to protect it. BOSANET, in order to provide an optimal service, we collect, process, and on some occasions reveal information to buyers and/or visitors to our Marketplace. This Statement of Privacy and Confidentiality of Bosanet Information (hereinafter "Privacy Statement") indicates the information that Bosanet collects and processes about each user and what you can do with it. This statement constitutes part of the BOSANET General Terms. Giving 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 BOSANET, depending on the applicable legislation in each country.

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

The objective of BOSANET is to facilitate trade between producers (exporters) located in Latin America with clients located in markets such as the United States. For this, it has generated an ecosystem of integrated services through its platform: BOSANET in its different phases. This Privacy Statement applies to all services and data processing operations of BOSANET, whether its subsidiaries or affiliates.

2. Who is responsible for the processing of personal information?

BOSANET is responsible for the processing of the data of the users and visitors of its Platform. The controller is the person 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?”).

3. What information is collected and processed?

BOSANET collects the personal information of the users so that they can access the services, and thus be able to improve them. In some cases, the information is provided by the user at the time of registration. Although there may be the possibility of collecting automatically, such as when the user browses the web page or; you use the services in the Marketplace. We may also collect information from other trusted sources. There is no obligation to provide BOSANET with the personal information shown below, however, this is a fundamental requirement to be able to contract and/or have any type of relationship with BOSANET and, if this information is not provided, it will not be possible to provide BOSANET services. The inaccuracy or falsity of the personal data provided by the user could cause the suspension of the Services. Likewise, BOSANET may suspend or permanently disable those users who violate this Privacy Statement.

These are the types of data that may be collected:

Information that will be provided directly at the time of registration or when using our services:

• -Name, personal image (personal photo or document photo),
• -Document number or valid identification,
• -Contact information (such as telephone number, address, email address),
• -bank account details,
• -Information and means of payment,
• -Information on intellectual property rights,
• -Biometric data, such as the analysis of the biometric characteristics of the face (size of the head, distance between the eyes, the width of the nose, among others) for identity validation purposes.

Information that can be collected automatically, whether or not you are registered:

• -Information from the devices or computers from which the BOSANET platform is accessed and other automatically captured data (such as the type or version of the browser or operating system, settings, information about some of the applications downloaded and parameters).
• -Internet IP address that is used when connecting to BOSANET services or when browsing the website.
• -Transactional information and movements within the BOSANET platform (purchases, payments, returns, questions, withdrawals, transfers, claims, billing, tax data, password or digital account identification code (CVU, CLABE, etc.), bank accounts, inbox).
• -Certain information about the activity of users and visitors within the website. For example, the URL from which they come or which URL 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 or sales, ratings and replies entered, claims made and received, among other information may be stored and retained.
• -Links between accounts and users, due to fraud prevention actions.
• -Data for claims management (information for the preparation of documents, background information and strategies).

Information we collect from other sources:

• -Information collected for purposes of fraud prevention and compliance with information regimes (PEPs, OFAC lists, etc.)
• -Positive and negative credit information, which is obtained from credit risk databases or centers and/or from publicly accessible sources, in accordance with applicable legislation.
• -Data used to validate identity, complete or correct information, obtained from secure and reliable sources, such as public bodies, service providers or business partners.

In some cases, this information could be considered sensitive according to the applicable legislation. In these cases, we request your express consent to process them.

4. What do we do with personal information?

The collection and treatment of personal information allows us to provide an excellent service so that you can carry out operations quickly and safely and offer you functionalities that are better adapted to your needs. Except in those cases in which the applicable regulations prohibit it, BOSANET may use your personal information for the following purposes:

4.1 Provide the products, services and/or benefits offered by its BOSANET platform.

• -Identify and contact him.
• -Register in our systems.
• -Verify your identity in compliance with legal requirements.
• -Validate, update and correct your information.
• -Provide the products, services and/or benefits that you request or contract with BOSANET.
• -Facilitate direct contact with the seller or buyer for the purposes of the transaction you wish to carry out.
• -Prepare and maintain a record of the operations carried out, as well as inform about them and give corresponding follow-up.
• -Put at your disposal our electronic commerce platform and the enabled payment system.
• -Manage BOSANET services and products and payment processing.
• -Respond to comments, complaints and suggestions, as well as provide support.
• -Consult and report positive and negative data in credit risk centers, carry out commercial and/or credit risk verification tasks, analyze the feasibility of entering into or maintaining a commercial relationship and prepare profiles for credit analysis purposes.
• -Offer and manage credit or insurance products that you request or contract through BOSANET.
• -Facilitate the delivery of products advertised on the website through allies.
• -Offer services and functionalities that best suit the needs, and customize services to make an experience with BOSANET as comfortable as possible.
• -Enable participation in contests, auctions or raffles, if carried out and if applicable, as well as notify if the winner is the winner, always in compliance with the regulations applicable to raffles and contests.
• -Contribute to the security of relationships, communications and transactions between users of the platform.
• -Develop a user reputation system for the benefit of consumers.

4.2 Improve services, develop new ones and offer a better experience with BOSANET.

• -Develop internal and statistical studies on your interests and behaviors, to offer better services and products.
• -Develop 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 BOSANET platforms, improve the offer of content and articles, personalize said content, presentation and services.
• -Offer services and functionalities that are adapted to the needs of the user to provide a better experience.
• -Improve commercial and promotional initiatives and analyze the behavior of the page visited, the searches carried out by users, to improve the offer of content and articles, personalize such content, its presentation and services.
• -Train consultants or independent consultants to improve their service proposal to BOSANET users.
• -Provide 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.
• -Seek loyalty through a benefits program.
• -Allow third parties, through the use of public APIs, to build applications that use platform content and interact with it to facilitate, improve and/or enhance its use and functionalities and the services in general provided by BOSANET.

4.3 Comply with legal obligations and requirements of competent authorities.

• -Comply with the regulations that are applicable to BOSANET in general.
• -Compliance with regulations for the Prevention of Money Laundering and Financing of Terrorism, identity verification against Politically Exposed Persons, profile verification and transactional history in compliance with applicable regulations 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 collection, registration, information, audit and billing regimes, at any level of government (eg: federal, state 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.

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

• -Make the platform grow in a sustainable and safe way through tools and actions to prevent fraud and related crimes.
• -Train the automated fraud detection and prevention algorithm model.

4.5 Protect the rights of users, third parties or BOSANET's own.

• -Defend the rights, tangible and intangible assets of BOSANET.
• -Enforce the rights of BOSANET in the event of breaches of its T&Cs.
• -Allow other users or third parties to enforce their rights.

4.6 Collaborate with intellectual property owners in the exercise of their rights.

• -Collaborate with the protection of intellectual or industrial property rights, own or of third parties, investigations of violation of trademarks and patents, as well as counterfeiting.
• -Collaborate with entities involved in dispute resolution.
• -Collaborate with private entities that represent collective interests with a collaboration agreement, to facilitate the resolution of disputes.

4.7 Make announcements and advertising and promotional contacts.

• -Contact through different channels (by email, short text messages (SMS), push messages, telephone calls or any other means) for advertising and/or promotional purposes of BOSANET and/or third-party products and services.
• -Carry out all kinds of marketing, advertising, commercial prospecting and/or market research activities.

Some of these described purposes may not be applicable as long as: a) the service associated with said purposes is not enabled or not used, or b) the services linked to these purposes are not offered in the country of residence.

The use of the data for any other purpose that is not compatible with those detailed will be communicated before proceeding with its treatment.

BOSANET will keep Personal Information for as long as necessary to fulfill the purposes for which they were collected.

5. How is personal information shared?

The protection of privacy is important to BOSANET. For this reason, we do not sell or market information that identifies our users. We also do not share or otherwise transfer your personal information to third parties, except as indicated below:

BOSANET may assign, transmit and/or transfer your Personal Information to:

(d) call centers or customer service centers, (e) companies that manage loyalty or loyalty programs, to grant you benefits, (f) advertising or marketing agencies, (g) data analysis, (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 indicated by BOSANET.

(ii) "Commercial partners": companies with financial or commercial activities with which BOSANET has a collaborative or alliance relationship, in order to offer you promotions, products and services of said companies or co-branded ones. In these cases, BOSABET always ensures that confidentiality and security standards are met, by signing agreements or conventions whose purpose is the privacy of our users' personal data and compliance with applicable legislation.

(iii) "Counterparty in the transaction": other users of the BOSANET platforms, under the conditions provided, in order to put you in contact with the seller or buyer for the purposes of the transaction you wish to carry out.

(iv) "Public authorities": the administrative and judicial authorities that, in the exercise of their competence, require information, even if there is no order or executive or judicial summons to that effect, with the purpose of: (a) collaborating in the investigation and reporting fraud, piracy, intellectual or industrial property violations or any other illegal act, as well as any activity or circumstance that could generate legal responsibility for BOSANET 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, or with any duly founded and reasoned mandate from a competent authority.

(v) "Intervening in Disputes": authorities, amicable compromisers, courts or entities that intervene in dispute resolution in order to resolve disputes that may arise between users or between them and BOSANET. 

(vi) "Users and/or visitors in general": other users and/or visitors of our platform, with the purpose of quality of service to the final consumer, providing information to make an informed purchase decision. It may be published on the platform, at the discretion of BOSANET, the number of sales made by the seller, as well as reputation, service provided, buyers' opinions (whose content is not the responsibility of BOSANET) and punctuality in the deliveries of the products.

(vii) "Public and/or private entities that provide credit information services": BOSANET may, whenever the applicable legislation so allows, share with public or private entities that provide information or credit risk services, information related to your behavior. credit or compliance or breach of obligations of patrimonial content.

(viii) Likewise, BOSANET 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 the activity is suspected of attempting or committing a crime or attempting to harm others. people.

If BOSANET decides to share personal information with third parties other than those mentioned, we will request 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 BOSANET to assign, transmit or transfer your personal information to the recipients detailed in this Privacy Statement.

Finally, BOSANET will not be responsible for the misuse of personal information by any third party when these third parties directly collect and/or process the personal information.

6. International data transfers

The services provided by BOSANET require the support of a technological infrastructure, such as servers and cloud services, which may be proprietary or provided by third parties.

Part of that infrastructure may be established in a different country from where the owner of the personal data is located.

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 the applicable regulations.

In these cases, BOSANET adopts measures to safeguard the data, through contractual clauses or binding corporate regulations that impose the same protection measures as those described in this Privacy Statement.

7. How long will we store Personal Information?

Personal information will only be stored for the time necessary to fulfill the purpose for which it was collected, to comply with regulatory or legal requirements, or during the legal prescription period of possible legal or contractual liabilities. Once the period is over, the data will be deleted or anonymized in such a way that no person can be individualized, as permitted by the regulations of each country.

8. Confidentiality of Personal Information and User Responsibility

BOSANET is committed to protecting the privacy of its users' personal information, which is why all necessary actions will be taken to guarantee its confidentiality. The user will be responsible for all acts that take place through the use of their account and password, and it will be their responsibility to guarantee their confidentiality.

9. Minors

BOSANET Services may be available to minors, with the prior consent of the legal representative. If the potential user turns out to be a minor and does not have the consent of your representative, they should not provide their personal information. Through the legal representative you may also exercise the rights mentioned in clause 12 of this Statement.

10. The use of personal information by other users

BOSANET allows users limited access to certain data (such as name, email, other contact information and information for billing and shipping) of other users to facilitate interaction between them. Under no circumstances may other users communicate Personal Information to third parties without the consent and/or the consent of BOSANET, as appropriate.

When a seller user receives personal information from their buyers, they become responsible for the processing of that data and acquire the obligations that this implies. Therefore, he cannot use the data for a different or incompatible purpose than the transaction that originated the collection. For this reason, they may only use the personal information of other users obtained on the site for: (a) purposes related to transactions on the BOSANET platform, (b) use services offered on BOSANET, and (c) any other purpose to which that the corresponding user expressly consents once the legally required information or local regulations have been previously communicated.

BOSANET does not accept behaviors considered "spamming". The indiscriminate sending of messages of any nature among BOSANET users is absolutely prohibited.

BOSANET does not control, store or have access to the messages and content sent by users through means other than the web page, therefore it does not assume any responsibility regarding the damages that its use could cause. Negotiations carried out by users through said means are under the responsibility of said users.

BOSANET is not responsible for the use that any user or other person may make of the information published on the Platform. Users accept that BOSANET will not be responsible for losses or damages that may be generated as a result of negotiations between users. Consequently, BOSANET is released from all types of responsibility in the event that you have a conflict with one or more users.

11. Links to other websites

Through the Platform, BOSANET may include links to third-party websites, which does not indicate that they are owned or operated by BOSANET. It is clarified that the processing of Personal Information carried out by third parties responsible for the aforementioned websites is not covered by this Privacy Statement. Likewise, the user acknowledges and accepts that BOSANET 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 Personal Information, therefore entering to said websites will be at your own risk.

12. How to exercise the rights to control Personal Information?

The applicable regulations confer certain rights on personal information, which you can consult as specified in the annex of each country, such as: (i) access; (ii) update; (iii) rectification; (iv) the cessation of sending advertisements, offers and promotions; (v) deletion; (vi) revocation of consent; and (vii) confidentiality and (viii) review of automated decisions. Any query and/or request regarding personal information may be made through the contact information provided in the annexes for each country included below.

In certain cases, the personal information that has been requested to be deleted to comply with the purposes described in this Privacy Statement or when there is a contractual or legal duty to maintain the personal information will be kept in the BOSANET files. Once such purpose has been fulfilled or the contractual or legal duty has been eliminated, the personal information will be deleted.

13. Cookies and Other Technologies

The user expressly acknowledges and accepts that BOSANET may use a conduct tracking system through the use of "cookies" 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, thus, give them a better service or provide them with related information. We also use the information obtained through cookies to analyze the pages browsed by the visitor or user, the searches performed, improve our commercial and promotional initiatives, display advertising or promotions, banners of interest, news about BOSANET, improve our content offer and articles, personalize said content, presentation and services, as well as promote and enforce the rules and security of the site; They are also used so that the user does not have to enter their password as frequently during a browsing session, also to record and corroborate registrations, user activity and other concepts for commercial agreements, always with the objective of installing cookies, the benefit of the user who receives it, and which will not be used for purposes unrelated to BOSANET. We also store cookies in order to offer a more interactive experience on the site, based on user actions.

Personal data obtained through these technologies will not be transferred to third parties in a manner different from those described in this Privacy Statement. Additionally, you can find "cookies" or other similar systems installed by third parties on our website or used by advertisers other than BOSANET.

The installation, permanence and existence of cookies on the user's computer depends on the exclusive will and can be eliminated when the user so wishes. To find out how to remove Cookies from the system, you can review the Help section of the browser.

In this sense, you can at any time delete stored cookies, configure the browser to request approval before storing cookies or directly prevent cookies from being stored. This procedure is carried out differently in different browsers and it is necessary to do it in each browser that is used. The different procedures to manage this configuration in the most used browsers are made available to users below:

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

http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647

Opera

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

Safari (on Mac)

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

If cookies are disabled, you may not be able to use all the features offered by BOSANET.

14. Security. Storage of personal information

BOSANET complies with regulations and industry standards on security measures applicable to your Personal Information. BOSANET is not responsible for illegal interceptions or violation of systems or databases, or for their use by unauthorized persons. BOSANET is not responsible for the improper use of the information obtained by these means.

15. Changes to the Privacy Statement

BOSANET will periodically update the Privacy Statement to reflect the constant changes in the services that are offered. These updates will transparently reflect the way in which personal information is treated. We will notify you of these changes through our usual channels, such as email or messages through the applications. In the cases that correspond, we will obtain the consent of the user.

16. 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 fulfillment of this Privacy Statement, it will be resolved by the competent courts indicated in said annexes of each country included below.