PRIVACY AND SECURITY POLICY
Last Updated: July 20, 2020
Through this Privacy and Security Policy, at HUGO we inform you about the aspects that you must know and authorize in relation to the privacy of your data on thisWEBSITE, and / or our software application that is installed on mobile devices or tablets.
We inform you that we have a database in which we collect, process and store your PERSONAL INFORMATION and for exclusively domestic or internal purposes.
I.1. APP: The application for devices that includes, but is not limited to, IOS and Android, which HUGO will be making available to USERS.
I.2. CONSUMERS: HUGO end consumers who may purchase the SERVICES offered by HUGO through the WEBSITE and the APP.
I.3. FORCE MAJEURE: means the production of an event or circumstance (“Force Majeure Case”) that makes it impossible or prevents a party from fulfilling one or more of its contractual obligations in accordance with the contract, to the extent that the party affected by the impairment proves: (a) that such impairment is beyond your reasonable control; and (b) that the effects of the impediment could not reasonably have been avoided or overcome by the Affected Party.
I.4. HUGO: HUGO TECHNOLOGIES, LTD, a company organized and incorporated in accordance with the laws of the territory of the British Virgin Islands, for its acronym in English (“BVI”) and all its subsidiaries, of a commercial nature that operate in the countries of El Salvador, Guatemala, Honduras, Costa Rica, Nicaragua, the Dominican Republic, and all subsidiaries of the countries in which Hugo operates in the future.
I.5. PERSONAL INFORMATION or PERSONAL DATA or DATA OF THE USERS: It is understood as "Personal Information" or "Personal Data" or "Data of the USERS", the name of the USER, surname, email, telephone, exact address, IP address, information about purchases and / or any other personal information required by HUGO from USERS for the purposes of entering and carrying out their transactions on the WEBSITE and / or APP.
I.6. APPLICABLE LAW: Means, for each country in which HUGO operates or comes to operate in the future, the regulatory body that regulates everything related to data protection, as modified from time to time. The foregoing includes for: El Salvador: Consumer Protection Law and its Regulations; Guatemala: Law on Protection of Personal Data; Nicaragua: Law on Protection of Personal Data; Honduras: (pending issuance); Costa Rica: Law for the Protection of the Person against the processing of personal data of Costa Rica No. 8968 and its Regulations; and the Dominican Republic: Organic Law on the Protection of Personal Data.
I.7. POLICY: This Privacy and Security Policy.
I.8. SERVICES: All those services that HUGO provides through its WEBSITE or in the APP.
I.9. WEBSITE: The hugoapp.com website or others in the HUGO domain that are created from time to time.
I.10. USER: REGISTERED USERS and VISITING USERS may be named jointly and for what applies equally to both, as the "User".
I.11. REGISTERED USER: Any user who registers to the HUGO platform, through the WEBSITE and / or APP, either as a Buyer, Seller or Hugo Driver, and who has not subsequently requested to be removed from the registry.
I.12. VISITING USER: Any user who visits the WEBSITE or APP as a visitor, but does not register.
II. INFORMED CONSENT TO STORAGE AND USE OF INFORMATION
II.1. Information gathering
By registering as a REGISTERED USER, either our WEBSITE or our APP, or accessing our SERVICES or communicating with HUGO as a VISITING USER on our WEBSITE, APP or any other means, you freely and expressly accept that your PERSONAL INFORMATION, be consulted, processed, processed and stored by HUGO.
Unless specifically stated otherwise, all the data that HUGO requests in the processes of registration and / or purchase of products and / or request for SERVICES on the WEBSITE or on the APP are necessary to be able to register and / or or the provision of the SERVICES that HUGO offers. The USER is authorized not to provide their PERSONAL DATA; However, this could imply that we will not be able to provide any or some of the required SERVICES, due to their nature.
The USERS are the ones who fill in their personal data on the WEBSITE and in the HUGO APP, so it will be their responsibility that the information is real, truthful, complete and updated at the time of entering the information in the database. data linked to the WEBSITE and the APP. The omission or inaccuracy in any of them could imply the impossibility that we can provide the requested SERVICES and / or attend to your requests and will empower HUGO to take actions such as but not limited to: delete the USER's account, not provide the required SERVICES , or that the data provided by the USER be eliminated from the database.
II.1.1. Information you provide to us
We collect the PERSONAL INFORMATION that the USER provides us directly, for example, when creating or modifying their account, requesting or using our SERVICES, contacting customer service or when communicating in any other way (via WEBSITE, APP, phone, mail and any other) with us at HUGO. This information may include, but is not limited to: name, email, telephone number, postal address, profile photo, gender, marital status, date of birthday, payment method, certain credit card information (see clause VI . of this POLICY), the articles requested for delivery services, delivery notes, the content of the communication, metadata and other personal information that the USER provides.
II.1.2. Information we collect through your use of our Services
When the USER uses our SERVICES, we collect PERSONAL INFORMATION in the following general categories:
• Location Information: When, how often and under what circumstances you use our on-demand delivery SERVICES, we collect approximate or exact location data. If you allow the HUGO application to access the location SERVICES through the permission system used by your mobile operating system, we may also collect the exact location of your device when the application is running. We can also obtain your approximate location from your IP address.
• Operation information: We collect data related to the use of our SERVICES, including the type of service requested, the date and time of the SERVICE provision, amount charged, distance traveled, delivery time and others details related to the operation.
• Use and preference information: We collect information on how the USER of the WEBSITE and / or the APP interacts with our SERVICES, expressed preferences and selected settings.
• Computer information: When the USER interacts with the SERVICES, we collect server logs, which may include information such as device IP addresses, dates and times of access, application functions used, pages visited and use of the WEBSITE or APP , application crashes and other system activity, browser type and version, operating system, and the third-party site or service you were using prior to interacting with our Service.
II.2. Use of information
We may use the PERSONAL INFORMATION we collect about the USER for activities such as, but not limited to:
• Provide, activate, maintain, manage and improve our SERVICES, such as facilitating payments, sending receipts or invoices (to which the USER's name will be associated), providing products and SERVICES that the USER requests (and sending related information or commercial communications), develop new functions, provide customer service to both USERS and our Hugo Drivers, develop security options, authenticate users and send product updates and administrative messages;
• Perform internal operations, such as, for example, keeping the WEBSITE protected, preventing fraud and abuse of our SERVICES; fix software bugs and operational problems; carry out data analysis, testing and research; monitor and analyze usage and activity trends; verify compliance with the terms and conditions that govern the use of our SERVICES (including the monitoring of private messages through the private messaging service provided by HUGO);
• Send communications that have been requested or accepted under these terms by the USER or that may be of interest to them, including information about HUGO's products, SERVICES, promotions, news and events, and when permitted and in accordance with LAWS APPLICABLE; and to process contests, sweepstakes, or other promotional entries and fulfill related prizes; all of the above, unless the USER has requested to be removed from the registry or not to receive notifications;
• Personalize and improve the SERVICES, including providing or recommending features, content, social connections, referrals, and advertisements.
The USER authorizes that the PERSONAL INFORMATION be shared with third parties, as indicated below, in accordance with the provisions of the Terms and Conditions of the WEBSITE and the APP. Said third parties will be required to meet the same security standards that HUGO follows and that are required by APPLICABLE LAWS. We can share the information we collect about the USER with:
• Hugo Drivers so that they can provide the SERVICES that the USER requests. For example, we share your name, phone number, and delivery locations;
• Our customer service staff, to respond to USERS 'questions and complaints regarding our SERVICES;
• The general public if you send the content to a public forum, for example, comments on blogs, social media messages or other options of our SERVICES available to the general public, in which case the USER will assume the risk and release from all liability to HUGO, for any improper, unauthorized or illegal use of the information by third parties;
• With third parties with whom HUGO has commercial relationships (but in such a way that these third parties will not be able to identify any individual USER with such information);
• With employees, officers, subsidiaries, affiliates, vendors, consultants, agents, marketing partners, and other vendors or contractors who reasonably need to access such information for the purposes described in this policy;
• In the event that PERSONAL INFORMATION must be disclosed by court order or by any competent authority with sufficient powers to request it from HUGO or to establish, exercise or defend the rights of HUGO; or in the event that HUGO must report to the competent authorities any type of illegal activity by the USER in relation to the SERVICES provided through our WEBSITE or the APP.
• With any of the subsidiaries, affiliates or members of the same economic interest group, in the countries in which we operate, in such a way that the subsidiaries will not be able to identify a specific USER that they reasonably need for the purposes described in this policy;
• With third parties by virtue of a possible negotiation or formalization of a merger, acquisition, financing, assignment or other similar transactions. In these cases, HUGO will only deliver the information strictly necessary and in compliance with the legal guidelines established by the applicable legislation on the transfer of personal data.
• For any other use not expressly described in this POLICY, which is previously notified and accepted by the USER.
The DATA OF THE USERS will not be transferred, communicated or transferred to third parties except as indicated in this POLICY.
The USER acknowledges with his acceptance of this POLICY, and expressly authorizes HUGO to carry out any operation or set of operations through automated or manual procedures in relation to his personal data. HUGO may collect, carry out records, organize, preserve, modify, extract, consult, use, process, transmit, transfer, collate, block, delete or destroy the USER'S PERSONAL INFORMATION.
The USER understands and accepts that automated data processing procedures include but are not limited to any operation, set of operations or procedures that HUGO applies or may apply to PERSONAL INFORMATION, through the use of software, bots, artificial intelligence. , networks, applications, in physical or virtual sites, or any other technology that allows the collection, registration, access, organization, conservation, modification, extraction, consultation, use, communication by means of transmission , the transfer, the collation, the interconnection, the blocking, the deletion, the destruction, the exchange or digitization of personal data.
The transfer of data that is carried out in accordance with this informed consent will be carried out under security standards that guarantee the USER and HUGO that the information will be treated, processed and stored in accordance with the specific purposes of this informed consent.
The information and data collected by HUGO will be treated with absolute privacy, confidentiality and security, as stipulated by current and applicable legislation on the matter.
The USER, with the reading and expressing acceptance of this POLICY, in an informed, individualized, clear, precise, unequivocal, voluntary, free, and aware of the scope of what is accepted here, grants their informed consent for the processing of their data according to what has been indicated here.
The USER can access their account information at any time, as well as request access, updating, modification and elimination of the information contained therein, free of charge. If you wish to deactivate your account, send us an e-mail message to firstname.lastname@example.org or through the telephone lines available in the “Contact us” section of the HUGO web portal. Please note that in some cases we may retain certain information about you as required by law or for legitimate business purposes to the extent permitted by APPLICABLE LAWS. For example, if you have an outstanding credit or debt on your account, or if we believe that you have committed fraud or breached our Terms and Conditions, or if there are any current or prospective legal proceedings.But in any of these cases you will be duly informed. The USER is solely responsible for keeping his database updated.
Regarding any other issue related to the protection of personal data, you can contact us through our email address email@example.com or through the telephone lines available in the "Contact us" section of the web portal by HUGO.
III. COMMUNICATION WITH THE USER
Any REGISTERED USER who uses the SERVICES of the WEBSITE and / or the APP, or who writes to us by email, may receive communications by any of these means or platforms from HUGO. The USER accepts that HUGO may communicate by any means registered by the USER: information on promotions, products, invitations to events, notifications about changes to this POLICY, and / or the HUGO Terms and Conditions, as well as any other information or formal notification that HUGO needs to communicate to the USER.
In all electronic communications sent by HUGO, the sender will be duly informed, as well as the way in which they may object to continuing to receive communications.
The USER authorizes the receipt of emails by HUGO. However, you may, at any time, request the suspension of emails being sent to your email account, by clicking on the "unsubscribe" option that appears at the bottom of each email, or through the telephone lines available in the section of “Contact us” on the HUGO web portal. However, this may be a reason to cancel the SERVICES to the USER, since for the correct use of the WEBSITE and the APP, it is essential for HUGO to be able to communicate with the USER via email.
When the USER visits our WEBSITE and / or our APP, some of the browsing data is sent from their computer or mobile device to our servers. This information allows us to optimize our SERVICES, personalize and improve your experience on our WEBSITE or the APP. This information may include aspects such as but not limited to:
- Your IP address
- The date and time of your visit
- The referrer URL
- The pages you visited on our WEBSITE.
- The functions you used within the APP.
- Information about the browser you used.
- Time spent on the WEBSITE and / or on the APP.
- Number of times that I enter the WEBSITE and / or the APP and the times that I visit any page of the WEBSITE or use any of the functions available in the App.
HUGO uses various technologies to collect information when the USER visits our WEBSITE and / or our APP and this may include the sending of one or more cookies or other identifiers to your device. The systems and technologies we use are the following:
IV.1 Cookies or Computer Cookies
A cookie is a small text file that is stored in your browser when you visit almost any web page. Its usefulness is that the web is able to remember your visit when you return to browse that page.
Cookies usually store technical information, personal preferences, content personalization, usage statistics, links to social networks, access to USER accounts, etc. The purpose of the cookie is to adapt the content of the web to your profile and needs, without cookies the services offered by any page would be significantly reduced.
Our cookies are used to analyze the way you interact with our WEBSITE and our APP, in order to optimize our SERVICES and to improve your experience. Due to the way the WEBSITE and the APP work, if the USER deactivates or blocks the use of this system, errors may be caused in the operation and / or use of the WEBSITE and the APP.
IV.2 Web beacons or Faro Web
A “web beacon” or Faro Web is an image file used to track the USER's navigation through the Website. Web beacons, also called "web bugs" are used primarily to monitor the USER's navigation through the WEBSITE and / or the APP. Due to the way the Website works, if the USER deactivates or blocks the use of this system, errors may be caused in the operation and / or use of the WEBSITE and / or the APP.
IV.3 Web server logs
A web server log is a simple text file that records activity on a server. This type of system allows obtaining statistics on the browsing patterns of Users. Due to the way the Website and the App work, if the USER deactivates or blocks the use of this system, errors may be caused in the operation and / or use of the WEBSITE and the APP.
IV.4 Geolocation Technology
Geolocation technology allows the determination of the USER's location through geographic coordinates (latitude and longitude) on a common map. The information will be obtained through the identification of the IP of a device connected to the internet, through a network provider, through a device with a GSM network or through a GPS, so they will be applicable to such services. geolocation, the terms and conditions of the third party provider. Due to the way the WEBSITE and the APP work, if the USER deactivates or blocks the use of this system, errors may be caused in the operation and / or use of the WEBSITE and the APP.
To prevent your device from allowing the use of the aforementioned technologies, the USER must reject the authorization request that will be displayed on the screen of your device, prior to browsing certain sections of our WEBSITE and the APP.
If the USER has any questions about the aforementioned technologies, how they work, how to deactivate them or any other type of concern in relation to those used on our WEBSITE and the APP, they should contact us through the telephone lines available at the "Contact Us" section of the HUGO web portal.
Our WEBSITE and our APP may use retargeting technologies. Through these retargeting technologies, we analyze the USER's behavior on our website in order to offer you advertising tailored to your individual needs on pages such as but not limited to Facebook, Instagram and Google. These technologies analyze cookies and display ads based on your past browsing behavior and based on your consumer behavior.
VI. SECURITY ASPECTS OF DATA AND TRANSACTIONS
We are committed to protecting your PERSONAL INFORMATION and we have adopted the appropriate technical and organizational measures to protect such information against any loss, alteration, access or improper use.
HUGO informs you that your Personal Data is stored in a database owned by it, and the appropriate technical and structural measures to guarantee the integrity and security of the PERSONAL INFORMATION with the applicable legislation.
HUGO maintains the security levels of protection of your data in accordance with the applicable legislation, regarding the security measures of databases that contain personal data and has established all reasonable technical means, at its disposal, to avoid the loss, misuse, alteration, unauthorized access and theft of the data that the USER communicates to HUGO, without prejudice to informing him that Internet security measures are not infallible.
Through our platform, no credit or debit card information is stored for any of the cardholders. This information will not be retained, disclosed or recorded at any time, if not using third party payment processors. The only information that passes to the third party's platform is the owner's data, email and the total amount to be paid. Such information is subject to the terms of this POLICY.
VII. RELEASE OF LIABILITY
The USER acknowledges and accepts that the use of the WEBSITE and the APP is carried out at all times under their entire risk and responsibility. HUGO will not be responsible for the improper use that may be made of these means of communication and / or technologies.
HUGO will not be liable for damages of any kind caused to the USER's electronic equipment (computer, telephone, tablet, or others) by viruses, worms or any other harmful element. The USER acknowledges that the use of the Internet involves the assumption of risks that their computer equipment may be affected by the elements mentioned above. To this end, the USER is responsible, in any case, for the availability of adequate tools for the detection and elimination of harmful electronic programs that may pose a risk to their computer equipment.
HUGO will not be responsible for the failure to perform its obligations when there is force majeure, a fortuitous event or the entry into force of government legislation, regulations or restrictions of any other nature that prevent it from performing its obligations.
If you have any doubt that inhibits you from accepting this POLICY, you can clarify it by writing to us at firstname.lastname@example.org or through the telephone lines available in the "Contact us" section of the HUGO web portal.