Terms and Conditions — Laguna Quemchi

FIRST: BACKGROUND.

This website has been developed by LAGUNA QUEMCHI SpA (hereinafter also “LAGUNA QUEMCHI”).

This document governs the terms and conditions under which its users may access the website www.lagunaquemchi.cl, its Facebook and Instagram page, and request further information through their respective contact forms, all hereinafter also referred to as the “digital platforms”, platforms on which users may access all kinds of information related to the project.

Any person who wishes to access LAGUNA QUEMCHI's digital platforms must comply with the terms and conditions set out herein.

In view of the foregoing, we recommend reading this document carefully, printing it and keeping a copy of it.

SECOND: ACCEPTANCE OF THE TERMS AND CONDITIONS.

Each user will have access to all the information available on the digital platforms.

Should you wish to be contacted with further information, you must send your name, email address and telephone number, either through the contact forms or through the Facebook or Instagram wall.

To accept the Terms and Conditions of use, the user must click below the contact form at the bottom of the website, or else accept them on the digital platform being used, where that platform offers this option in its interface.

It shall be understood that the user, by requesting information via WhatsApp, is automatically accepting these terms and conditions, given that they are providing their name and telephone number in order to receive additional information.

THIRD: LIABILITY.

The user of the platforms belonging to LAGUNA QUEMCHI expressly undertakes the following: 1.

To be at least eighteen years of age; 2.

Not to use a false identity or impersonate a third party, and in general not to use false data in order to register; 3.

Not to use the platforms to carry out illegal, misleading or fraudulent activities, nor activities other than the purpose for which they were created; 4.

Not to breach these terms and conditions, or any other rule of community coexistence established through our digital platforms; 5.

To report any misuse of which they become aware on the part of other users; 6.

Not to carry out activities that interfere with the service provided by the digital platforms, or that prevent them from operating as intended; 7.

Not to publish private or confidential information, nor carry out activities that infringe the rights of a third party, including intellectual property rights; 8.

Each user shall be responsible for their actions, for the accuracy of the personal information they provide, for the content of the general information supplied and, ultimately, for the general use of LAGUNA QUEMCHI's digital platforms, and any damage caused to third parties shall therefore be the sole responsibility of the user.

Likewise, the user of LAGUNA QUEMCHI's platforms declares that they understand and accept the following: 1.

LAGUNA QUEMCHI shall not be liable for the improper use that users or visitors of the digital platforms may make of the content displayed therein, the latter being solely responsible for any damage caused as a result. 2.

Most of the content available on LAGUNA QUEMCHI's platforms is intended for persons over 18 years of age, and its display to minors is therefore not recommended, the latter being the responsibility of its users. 3.

The digital platform provided by LAGUNA QUEMCHI is not infallible, and therefore, during its use, circumstances beyond the control of LAGUNA QUEMCHI may arise that mean the platform is not operational for a given period of time, or that it does not operate entirely normally.

In such cases, LAGUNA QUEMCHI will endeavour to restore the site as quickly as possible, without any liability being attributable to it on that account. 4.

LAGUNA QUEMCHI shall not be liable for the content of the information uploaded to its platforms by users, the foregoing being the exclusive responsibility of its author.

FOURTH: INTELLECTUAL PROPERTY.

All content included in the aforementioned digital platforms is the property of LAGUNA QUEMCHI and is protected by Chilean and international intellectual property laws.

The content, such as texts, graphic material, logos, button icons, source code, images, videos, audio clips, digital downloads and data compilations, among others, may not be used in connection with any product or service that may cause confusion among users, nor in any way that discredits or disparages LAGUNA QUEMCHI.

FIFTH: PERSONAL DATA AND PRIVACY POLICY.

In accordance with the provisions of Article 19 No. 4 of the Political Constitution of the Republic and Law No. 19,628, LAGUNA QUEMCHI informs all those who access its digital platforms of the following privacy policy, in order to safeguard the security, confidentiality and privacy of its users.

The purpose of these policies is to ensure the correct use of the information collected through visits to the digital platforms.

I. On the data collected

LAGUNA QUEMCHI collects data from users who make use of the digital platforms, through two mechanisms:
Automatic Mechanisms: These are computer processes carried out to generate records of the activities of the users of the digital platforms, the purpose of which is to establish patterns of activity, browsing and audience, which do not involve the personal identification of those subscribers and users who access the said platforms. LAGUNA QUEMCHI reserves the right to use such general information in order to establish criteria that improve the content of its platforms, in all cases always dissociated from the person who left the data in their browsing.
Manual Mechanisms: These are formal and express requests for information from users who require further information about the project offered, which involves the collection of personal data such as name, email address and telephone number. LAGUNA QUEMCHI collects these data for the purpose of improving the quality of information on its projects and better segmenting the interest of its users in general.

II. On the processing of the data

With respect to the delivery of information collected through the aforementioned automatic mechanisms, which does not contain personal identification of the users of the digital platforms, it may be used to inform public or governmental entities or third parties about patterns of activity, browsing, audience and the general characterisation of this system.
With respect to the personal data of users, collected through manual mechanisms or other means, these shall be processed for the purpose of improving the quality of information and content of the digital platforms, seeking to create projects in the future that may be of greater interest. By accepting this privacy policy, users authorise LAGUNA QUEMCHI and its related companies to:
Use their personal data for the sole purpose of improving the quality of information of current and future digital platforms, so as to provide better projects over time, seeking to satisfy the needs of its users.
Communicate to third parties statistical information prepared from the personal data of its users, where it is not possible to individually identify the data subjects from such data (dissociated data), in accordance with the Law. In addition to the authorisations established above, LAGUNA QUEMCHI shall maintain due confidentiality of personal data and shall not transmit them to third parties, except where they must be provided by virtue of a legal mandate or an order issued by the Courts of Justice requiring it.

III. Rights of the data subject

At all times, the user may exercise the rights granted by Law No. 19,628 and its subsequent amendments. Specifically, the user may:
Request information regarding the data banks for which the organisation is responsible, the legal basis for their existence, their purpose, the types of data stored and a description of the universe of persons they comprise.
Request information on the data relating to their person, its origin and recipient, the purpose of the storage and the identification of the persons or organisations to which their data are transmitted, where necessary.
Request that their personal data be modified when they are incorrect or not up to date, where applicable.
Request the deletion or cancellation of the data provided when they so wish, where applicable. In order to prevent any loss, misuse, alteration, unauthorised access and/or theft of personal data or confidential information provided by users, LAGUNA QUEMCHI has adopted security and personal data protection levels in accordance with industry standards, guaranteeing their safeguarding under the degree of diligence legally required. Consequently, users declare that they understand that, in the event of a breach through unlawful actions, on grounds of force majeure, or by requirements of authority, LAGUNA QUEMCHI cannot guarantee the total and absolute inviolability of its database, nor the perfect functioning of its protection and safeguarding mechanisms.

SIXTH: APPLICABLE LAW AND JURISDICTION.

These terms and conditions shall be governed by the laws of the Republic of Chile.

Any controversy or dispute arising from the use of LAGUNA QUEMCHI's digital platforms, its Terms and Conditions, their validity, interpretation, scope or performance, shall be submitted to the Ordinary Courts of Justice.

SEVENTH: MODIFICATION OF THE CONDITIONS OF USE.

LAGUNA QUEMCHI reserves the right to modify these conditions of use of its digital platforms at any time, in particular in order to comply with any new provision or legislation applicable to the case.

Any modification in the use of its digital platforms shall be incorporated into these conditions and notice shall be given by means of a notification through the same platform.

Final note

LAGUNA QUEMCHI reserves the right to disable access to users, as well as to edit and/or delete content that does not respect the aforementioned terms.

Last updated: 9 April 2022.