Terms and Conditions
Index
Website
Welcome to the website of AMBACAR CIA LTDA. Before you begin using our online services, please read these Terms and Conditions of Use carefully. These terms constitute a legally binding agreement between you (hereinafter, "User", "You" and/or "Customer") and AMBACAR CIA LTDA (hereinafter, "we", "us", "our" or "the Company") governing your access to and use of our website.
By accessing and using our website, you agree to abide by these Terms and Conditions of Use, as well as our AMBACAR Privacy Policy, which is incorporated into this agreement by reference. If you do not agree to these terms, do not use our website.
Please note that these Terms and Conditions may be subject to change at any time. It is your responsibility to regularly review these terms to be aware of modifications. Your continued use of our website following any changes will constitute your acceptance of those changes.
If you have any questions or concerns about these Terms and Conditions or wish to cancel or suspend the use of your personal data, please do not hesitate to contact us through the channels presented in the binding document of AMBACAR's Personal Data Protection Policy.
Thank you for trusting AMBACAR. We are delighted to have you as part of our online community of potential customers.
The parties hereto are, on the one hand, AMBACAR CIA LTDA, hereinafter referred to as "the Company"; and, on the other hand, the client, legally able to contract and bind himself, hereinafter referred to as "the Client".
The parties hereto, for the purposes hereof, shall be referred to simply as "the parties", and enter into this agreement for the purpose of regulating the conditions set forth in the following clauses.
Background
The Client, as a final consumer and natural person, establishes a commercial relationship with AMBACAR Company and, in the exercise of this relationship, provides personal data to the Company.
Recognizing the need to clearly establish the obligations and responsibilities of the parties with respect to confidentiality and the treatment of personal data, as well as reserved and confidential information to which they may have access in the exercise of their functions for AMBACAR, the parties agree to enter into this agreement.
Purpose of the use of customer's personal data
The Customer's personal data collected by AMBACAR will be used exclusively for the following purposes:
- a) Legitimate contractual interests, including the management of the business relationship, the fulfillment of legal and contractual obligations, and the administration of the related activities between AMBACAR and the Client.
- b) Maintain records, which include information relevant to the management of business activities, such as business interaction histories, agreements, invoicing, payments and other data relevant to the business relationship.
- c) Verify compliance with legal and tax regulations and other internal provisions applicable to the commercial relationship.
- d) Contacting the Client and its referrals for any matter related to business collaboration, including, but not limited to: consultations, commercial agreements, customer service, data analysis to improve our services and contents, sending and receiving commercial and promotional information about our products and services or those of third parties allied or not to AMBACAR, elaboration of personalized marketing and advertising campaigns, contact and attention, collection, compliance with legal and regulatory obligations.
- e) The Company maintains accurate and up-to-date records of the Client's personal data, ensuring its confidentiality and security in accordance with applicable laws and regulations.
The Customer may exercise their rights of access, rectification, cancellation and opposition (ARCO) through the contact channels provided by the Company.
Description of personal data processing
In the context of the business relationship between AMBACAR CIA LTDA and the Client, a processing of personal data is carried out for the purpose of facilitating and effectively managing this relationship. This process involves the collection and use of information related to business activities, which includes records of business interactions, contractual details, commercial agreements, financial information and any other data relevant to the collaboration. This data is securely stored in internal systems and used for administrative, contractual and legal purposes related to the business collaboration.
Additionally, personal data is used for:
- Verify compliance with legal and contractual regulations in the commercial area.
- Manage and facilitate the interaction between AMBACAR and the Client.
- Perform data analysis to improve and personalize product and service offerings and to evaluate business opportunities.
- Generate market analysis and internal statistics that contribute to business decision making.
- Develop information bases to optimize services and the quality of collaboration.
It is important to note that AMBACAR is committed to comply with all laws and regulations on personal data protection in force, ensuring confidential and secure treatment of personal data related to business collaboration.
Types of personal data processed by ambacar
AMBACAR collects and processes various types of personal data related to the Customer in order to effectively manage business collaboration. This personal data includes:
Identifying Data:
Complementary Data:
The company also collects ancillary data that may include the Customer's wealth, employment, family and income information. In addition, data related to business transactions and billing that are relevant to the business activity are stored.
Family and/or Friends Reference Data:
In some cases, AMBACAR may require identifying information from family members and/or friends of the Client, including their income, home address and telephone numbers. This information may be necessary for certain business relationship-related transactions or benefits.
Special Category Data:
The Company may process special category data related to the Customer's credit and banking history when necessary for specific purposes, such as loan management, authorized deductions or financial transactions related to business collaboration.
If the Customer has any questions or concerns about the collection or processing of their personal data, they are encouraged to contact the company's customer service department or data protection officer.
Legitimating Legal Basis
The processing of personal data mentioned above is based on the following legitimate grounds, in accordance with the Personal Data Law of Ecuador:
Execution of pre-contractual and contractual measures:
The collection and processing of personal data is based on the execution of pre-contractual and contractual measures in the context of the business relationship with AMBACAR. This includes the verification of data for the request of services and the management of commercial contracts once the Client has entered into the corresponding contract with AMBACAR.
Legitimate interest:
AMBACAR considers that it has a legitimate interest in carrying out data processing for purposes such as the management of contracted services, communication of information relevant to the commercial relationship, data analysis to improve our services and content, sending and receiving commercial and promotional information about our products and services or those of third parties allied or not to AMBACAR, preparation of personalized marketing and advertising campaigns, customer contact and attention, compliance with legal and regulatory obligations, and recovery of outstanding payments within the framework of the commercial relationship.
Compliance with legal and regulatory obligations:
AMBACAR may process Customers' personal data when necessary to comply with applicable legal and regulatory obligations, including tax reporting and other legal requirements related to the provision of services.
FIFTH. - term of retention of personal data
AMBACAR will retain the Client's personal data for the period during which there is a business relationship between the parties and for the time necessary to comply with legal and contractual obligations. Subsequently, personal data may be retained for an additional period, to the extent necessary for compliance with legal obligations, dispute resolution, defense of legal claims, internal or external audit purposes, research purposes and other legitimate purposes of the company. The company undertakes to implement appropriate security measures to protect personal data during the retention period.
Express consent to the processing of personal data
The Client hereby voluntarily, expressly and informedly expresses its consent for AMBACAR and its legal or authorized representatives, in their capacity as Data Controllers, to collect, store, use, circulate and, in general, carry out any processing activity on the personal data provided by the Client, in accordance with the provisions herein, AMBACAR's internal privacy policies and in compliance with Ecuador's personal data protection laws.
The Client acknowledges that he/she has been informed of his/her rights as holder of personal data, including the right to access the information concerning him/her, rectify it in case it is inaccurate, cancel it when it is not required for the fulfillment of legal or contractual purposes and oppose its processing for purposes other than those previously authorized.
Likewise, the Client declares to be informed of the purposes of the processing of his/her personal data, which include, among others, the management of the commercial relationship, the administration of the contracted services, the communication of relevant information for the commercial relationship, the analysis of data to improve the services and contents, sending and receiving commercial and promotional information about products and services of AMBACAR or third parties allied or not to AMBACAR, the development of personalized marketing and advertising campaigns, contact and customer service, compliance with legal and regulatory obligations, and the recovery of outstanding payments within the framework of the commercial relationship.
The Client also consents that AMBACAR may transfer his/her personal data to third parties when necessary for the fulfillment of the aforementioned purposes and always in accordance with the applicable data protection regulations.
This consent is understood as given from the acceptance of the conditions herein and will be maintained as long as necessary to fulfill the purposes set forth herein and the legal and contractual obligations of AMBACAR.
In the event that the Client wishes to revoke this consent or exercise any of its rights as holder of personal data, it may do so in accordance with the procedures set forth in AMBACAR's Data Protection Policy.
SIXTH - Arbitration Agreement
In all matters not provided for herein, the applicable laws of the Republic of Ecuador shall apply.
The parties waive their domiciles and fix it in the city of Ambato.
Any controversy or difference arising from the present, and its execution, interpretation or liquidation shall be submitted to a mediator of the Chamber of Commerce, based in Ambato; in the absence of resolution of the conflict, the parties submit to the arbitration procedure and to the Court of the Chamber of Commerce, which shall decide in law. The arbitration will be confidential, and the Tribunal will be formed by an arbitrator. For the execution of precautionary measures, the arbitrators may request assistance from public, judicial, police and administrative officials, without having to resort to the ordinary judge, as established in the Arbitration and Mediation Law in force in Ecuador.