Privacy and Personal Data Protection Policies: Payphone customers and users.

By means of this document, the Company PAYPHONE GLOBAL, INC and its subsidiary companies, together referred to simply as: “PAYPHONE”, Brand and Trade Name of which it is its sole owner, creator, distributor and developer. The use of the services and consumption of PAYPHONE products is subject to the acceptance of the following Privacy Policies. In the event of a discrepancy between the Spanish text and any other language of these Terms and Conditions, the Spanish document will prevail. PAYPHONE is committed to protecting your data. We are committed to protecting your personal information and taking all appropriate measures, within the best practices, to ensure that we will use such information in accordance with your will and your needs for the use of PAYPHONE services and products.

This is the PAYPHONE Privacy Policy, is in accordance with the provisions of the Organic Law on Data Protection of Ecuador and the general principles and requirements of international legislation on the Protection of Personal Data, such as the “Proposed Declaration of Principles of Privacy and Personal Data Protection in the Americas”; of the OAS, issued in 2012, and later in 2015 the “Legislative Guide on Privacy and Protection of Personal Data in the Americas” and in 2021, the “Updated Principles on Privacy and Personal Data Protection, with Annotations”, which are intended to contribute to the development of a legal framework to safeguard in the countries of the Americas the rights of individuals to the protection of their personal data and to self-determination with regard to information.

If you are using our services and/or consuming our products, this Privacy Policy applies to the information we collect from you and all users of our products and services, whether in our physical establishments or through our website, our telephone hotlines or via WhatsApp and other online platforms, our mobile applications for Android and iOS, recipients of our emails, numbers and User accounts when you interact in any other way with us. We reserve the right to change these policies at any time at our sole discretion. We will notify all our users in a timely manner if there is a change in these policies.

Our intention with the information we receive from you and that we process under the legal principles of personal data protection, is to present you with the online data protection guidelines and to inform you about the possibilities that are available to you to collect information about you when you contact us, contract our services or consume our products. You can request information about your property data that we have stored through the emails specified below in this document.

The following describes the data we collect about you and how we use, share and protect this data.

Data you provide to us. We collect the information you provide to us, including:

Non-sensitive Personal Data:

• Identifying data (such as names, surnames, ID number, RUC, image, TAX ID number, license plate, digital or physical signature)
• Contact details (such as email, landline, cell phone, address)
• Data relating to personal characteristics (such as gender, marital status)
• Data on social circumstances (such as housing characteristics, housing, family situation, property)
• Academic and professional data (such as qualifications, position)
• Economic and financial data (such as credit/debit card number, credit card security code, VAT and Income return, income and expenses, account statement, unique transfer records)
• Contractual information, such as data derived from the contracted products and services

Sensitive Personal Data:

• Biometric (when we record images inside premises or websites or require fingerprinting in mobile applications)
• Health and Sexual Preferences (when necessary for the provision of any of our products or services)
• Geolocation (such as location coordinates)
• Personal habits (consumption, income and expenses, website behavior)

In general, PAYPHONE will only process the Personal Data of children and adolescents when their legal representative has given their consent for such processing, which is necessary for the execution of contracts for the sale of products or for the fulfillment of a legal obligation and/or for the satisfaction of a legitimate interest of PAYPHONE.

However, in accordance with current regulations, adolescents over fifteen (15) years of age and under eighteen (18) years of age may exercise their rights directly before the person responsible for the personal data processing database or before the Personal Data Protection Authority.

To this end, the person responsible has implemented special actions, measures and provisions, in order to safeguard the right to the protection of Personal Data of children and adolescents. Other data collected.

We may also automatically collect the following data below.

We use cookies on our website to collect data about your visit and to allow you to navigate from page to page without having to log back in each time, count visits and see what areas and features of our website are popular. We do not link the information we store in cookies to any information you submit while you are on our website. We may also use data collected through cookies to personalize ads and track the popularity of our website. Our use of cookies and other technologies may allow us and third parties to collect information about your browsing activities over time and across different websites after using our services.

When you visit our website, we use third-party analysis tools to collect data about your computer and Internet connection. This information includes the IP address of your computer and/or Internet service provider, when you access our website, the Internet address of the websites from which you connect to our website and from where you arrived before landing on our website, the browser you are using, and your movements and preferences on our website. All of this information is used internally for the purpose of understanding how our website is being used and to improve our website. We also use third-party analytics tools to collect data about your use of our mobile applications. The information collected identifies the types and timing of the actions you perform within our website or mobile application, including installation, registration, loading and certain types of browsing. All of this information is used internally in order to understand how our mobile applications are used and improved.

When you visit our website, we use action tags (also called pixel tags, clear GIFs or beacons) to identify some of the pages you visit and how you use the content of those pages. Action tags can collect and transmit this data in a way that identifies you if you have registered on our website or if you are logged in to our website. We also use action tags in our emails to determine if an email was opened or if it was forwarded to someone else.

We aggregate data that we collect about the use of our website to manage, protect and improve our website and systems, to better understand the preferences of our website visitors and to optimize the content we serve, to identify server problems, to compile aggregated statistics about the use of our website and to improve our marketing and research.

Our Service is almost impossible to track because we use a VPN system that allows us to work in a network by connecting to different servers located in different parts of the world. Information between branches and business premises travels encrypted and cannot be accessed with “sniffers”. In addition, we have implemented several types of Firewalls that respond to “Do Not Track” signals and operate as described in this Privacy Policy, whether or not a Do Not Track signal is received. By voluntarily providing us with personal data, you accept our use in accordance with this Privacy Policy. If you provide us with personal data, you acknowledge and accept that such personal data may be transferred from your current location to the offices and servers of PAYPHONE and the authorized third parties mentioned in this policy, some of which may be located in the United States, Europe or Latin America.

We use reasonable physical, electronic and procedural security measures to protect the personal information we obtain from you against loss, misuse, and unauthorized access, disclosure, alteration and destruction. Please note that we are not responsible for the security of the data you are transmitting over the Internet or for the data you are storing, posting or providing directly on a third party's website, which is governed by that party's policies. Please note that no method of transmission over the Internet or method of electronic storage is 100% secure. If you have additional security questions, you can contact us. Additionally, we have implemented a “crashplan” service that constantly backs up all our data in such a way that it is feasible to recover in case of damage or loss of local media.

If you want to close your PAYPHONE account completely, please contact us from your registered email address. We may retain information about you in our databases for as long as your account is active or as needed to provide you with services and in accordance with applicable laws. Our retention and use of your information will be so necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. The retention period may extend beyond the end of your relationship with us, but it will only be necessary as long as we have enough information to respond to any problems that may arise later on. For example, we may need or be required to withhold certain information to prevent fraudulent activity, protect ourselves from liability, allow us to seek available remedies or limit any harm we may suffer, or if we believe in good faith that a law, regulation, rule or guideline requires it.

PAYPHONE obtains the information you provide when you download and register the application. To use some of the services or access certain content, you must first provide certain personal data, which will only be used for the purpose for which they were collected. When you register with us and use the application, you will generally need to provide (a) your name, email address, age, username, password and other registration information, (b) the information related to the transaction, (c) the information you provide to us when you contact us for help, (d) credit card or bank card information for the purchase and use of the application, and (e) the information you enter into our system when using the application, such as contact information and project management information.

It also authorizes access (a) location of the device, (b) device camera, (c) reading the device's status, (e) accessing the device's contact directory, (f) writing to the device's internal storage disk, (g) access to the network and internet status, access to the status of the device's bar and fingerprint reader, (h) access and interaction through pop-up windows, interaction between users, (i) reading services, (j) using maps and Wi-Fi.

We will respond to your request for access to the information we collect about you within the time required by applicable law.

We may share your information as follows:

1. The one you have consented to or given us permission to share;
2. We have added or removed identification from the information, so that it cannot reasonably be used to identify you;
3. With the companies affiliated to the Group PAYPHONE;
4. With the third-party service providers we use to provide our service, including certain advertising, referral, operations, financial services and technology services (such as hosting providers, identity verification, support, payment, and email service providers);
5. If required by applicable law or legal process, or if we believe that you are in agreement with applicable law or legal process;
6. To protect the rights, property and security of PAYPHONE, our users and the public, including, for example, in connection with judicial proceedings, or to detect or prevent criminal activity, fraud, material misrepresentation, or to establish our rights or defend ourselves against Legal Claims; or
7. In connection with the sale, merger, transfer or reorganization of all or parts of our business.

The User undertakes to make appropriate and lawful use of the PAYPHONE application and expressly, but without being limited solely and exclusively to these, undertakes to:

• Do not make acts of provision of any kind, free of charge or for a fee, any of the PAYPHONE application to third parties, unless expressly authorized in writing by EcuaPayPhone C.A.
• Use the PAYPHONE app for illegal purposes or for illegal activities.
• Refrain from manipulating, scanning, or testing the vulnerability of any system or network or breaching or circumventing security or authentication measures.
• Falsify, manipulate or alter any information in the header of any email or publication, or in any way use the PAYPHONE application to send altered, misleading or false information.
• Interrupt any user's access, including sending viruses, spam, or the like to the PAYPHONE application, or encrypt knowledge in such a way that it interferes with the correct use of the PAYPHONE application.
• The User will refrain from using the PAYPHONE application in a manner contrary to good faith and current legislation.

We hire other companies to carry out certain business activities for us. In this process, under certain circumstances, it may be necessary for these companies to have access to your personal information. We recommend that these companies use the information only for the provision of the agreed services. Companies are not authorized to transmit information to third parties unless it is necessary for the service.

These business activities include, for example, placing orders, processing vouchers, bonuses and discounts, conducting customer surveys and information management tasks. We also provide certain service providers with collections of general information.

PAYPHONE sends information to partner companies (such as Meta - Facebook - Google - Etc) that carry out special offers or promotional campaigns together with the sub-subsidiary websites, within our website, to which you expressly agree, by providing personal information to PAYPHONE. The use of information transmitted in this way by the partner company is governed by its own guidelines for the protection of associated data. You should read this information completely before providing your personal data.

PAYPHONE can work with data analysis companies to help understand how the application is being used, such as the frequency and duration of use. To protect the anonymity of this information, we use encryption technology to ensure that these third parties cannot identify you personally.

If you want to unsubscribe from using the application and delete your information from our systems, you can do so at any time. To stop the collection of information by the application, you must uninstall the application. You can use the standard uninstallation processes that are available as part of your mobile device or through the mobile application market or network. You can also request to unsubscribe and delete your information by emailing: protecciondedatos@payphone.app.

If you chose to receive information about our products, updates and offers, we will use your name and email address to send you this information. If you no longer wish to receive these communications, you can unsubscribe by following the instructions in the emails you receive or on our website. Please note that we may send you transactional and relationship messages, even if you unsubscribed from our marketing communications. For example, if our service will be temporarily suspended for maintenance, we may send you an email to update it.

The contracting parties agree that, within the framework of this contract, they may use the WhatsApp messaging application as a means of communication to manage documents, data and any other information related to the object of the contract.

The contracting parties acknowledge that WhatsApp is an application owned by META, Inc. and that, consequently, its use is subject to the privacy and data protection policies of that company.

In this regard, the contracting parties accept that the use of WhatsApp involves the transfer of personal data to META, Inc. and that, consequently, the privacy and data protection policies of that company will apply. It is also accepted that personal data shared through WhatsApp may be stored on servers located outside Ecuador.

The contracting parties are committed to using WhatsApp in a responsible manner and respecting the rights of the owners of personal data at all times. In particular, it will be guaranteed that personal data is treated in accordance with the provisions of the Organic Law for the Protection of Personal Data (LOPDP) of Ecuador and applicable regulations.

As part of our service, you can use Facebook Connect or other social media services (referred to in this policy as Social Media Services) to authenticate your identity and authorize a Social Media Service to share certain information with us, such as your name and email address, which is associated with your PAYPHONE account. A Social Media Service may also allow you to post information about your activities on our website and in our mobile applications on your Social Media Service profile page to share with others within your network.

The information we obtain depends on the settings of your Social Media Service and the privacy policies of the Social Media Service, so make sure you know what they are. PAYPHONE will not be responsible for the privacy practices or other actions of the Social Media Services that may be enabled within our services.

PAYPHONE wishes to inform its users that in order to provide an efficient service, we use various computer platforms dedicated to commercial, accounting, sales and advertising management, including but not limited to CRM's, SEO and SEM optimizers, email marketing and accounting systems, among others. As a result, your personal data may be transferred and stored on the servers of third companies located in foreign countries. However, we want to assure our users that we have taken steps to ensure that these companies operate in jurisdictions that have adequate legislation for the protection of personal data. Your privacy remains of the utmost importance to us, and we have taken precautions to safeguard the security and confidentiality of your information in accordance with applicable laws.

Our website may include links to other websites or online services, including Social Networks or Government Websites, whose privacy practices may differ from those of PAYPHONE. If you submit information to any of those websites or online services, your information is governed by their privacy statements. We recommend that you carefully read the privacy statement of any website you visit.

We may make changes to this Privacy Policy. If we make changes, we will notify you by revising the date at the top of the policy. If we make material changes, we will do so in accordance with applicable legal requirements, and we will post a notice on our website and mobile applications that will alert you to the material changes before those changes take effect. We recommend that you periodically review this page for the latest information on our privacy practices.

To keep your personal data accurate, up to date and complete, please contact us as specified below. We will take reasonable steps to update or correct personal data in our possession that you have previously submitted using our services. Feel free to contact us if you have any questions about our Privacy Policy or the information practices of the PAYPHONE Services.

PAYPHONE can work with data analysis companies to help understand how the application is being used, such as the frequency and duration of use. To protect the anonymity of this information, we use encryption technology to ensure that these third parties cannot identify you personally.

If you want to unsubscribe from using the service and delete your information from our systems, you can do so at any time. To do this, you must request to unsubscribe and delete your information via email, to: protecciondedatos@payphone.app.

PAYPHONE will keep each user's data provided for as long as the application is used and for a reasonable period of time. We will keep the automatically collected information for up to 7 YEARS and then it can be permanently saved. If you want us to delete the user data that has been provided through the application, please contact us at: protecciondedatos@payphone.app and we will respond to you within a reasonable time. Please note that some or all of the data provided by users may be required by other companies in the group or by third parties for the application to work properly. Once the minimum time necessary for the provision of the service has elapsed, the user will have the right to request the deletion of the information.

PAYPHONE will always be concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information to operate, develop or improve our application. Please note that while we strive to provide reasonable security for the information we process and maintain, no security system can prevent all potential security breaches.

PAYPHONE uses a variety of administrative security measures, both internal and technical, to protect your personal information. PAYPHONE establishes manuals and rules of internal control procedures that have to do specifically with the management of personal data. These include control measures for the protection of private information collected by us online.

PAYPHONE will only share personal data with third parties if there is a legal basis for this or in all those cases in which you have given us your consent. It will be understood that there is a legal basis for making such communications when a legal norm requires communication or this is necessary for the provision of the contracted service.

These recipients will include the following:

• Competent public sector entities and supervisory authorities that have the power to request information about your data such as Superintendency of Securities and Insurance Companies, Financial and Economic Analysis Unit, Internal Revenue Service, Judges and Courts, State Attorney General's Office, National Police, Superintendency of Data Protection, among others.
• External auditors in compliance with contractual and legal obligations applicable to PAYPHONE.
• In addition, it is reported that PAYPHONE and other payment service providers, as well as the payment systems themselves and providers of related technological services, to which the data is transmitted to carry out each transaction, may be required by Ecuadorian legislation to provide information on monetary transactions to authorities or control bodies.
• To managers of contests and marketing campaigns, marketing consultants, among others.
• To the other companies that make up our business group.

If we share your Personal Information, we will ensure that adequate protection is in place to protect your personal information in accordance with data protection laws.

Finally, we inform you that PAYPHONE uses the services of third companies to be able to provide the services contracted by the Customer, for which these third parties may have to access personal data. These supplier companies may be classified into the following categories: providers of technological and computer services, security companies, courier companies, transportation services, companies that manage and maintain systems, infrastructures and buildings, logistics services, valuation services, collection and portfolio management services on behalf of third parties, payment service providers, electronic invoicing services, banking or financial institutions, legal advice services and tax authorities, advertising agencies and marketing and communication services as well as general professional services. The above list is provided by way of example, since PAYPHONE can use the services of companies belonging to other sectors of activity in order to provide quality services. PAYPHONE will ensure the correct processing of personal data by these service providers.

Although we process your data mainly within Ecuador, in some situations we will send your personal data, some of our service providers are based in the United States, countries of the European Union, among others. This means that sometimes we will send your personal data to these companies in order to carry out all the activities described in this policy. Any transfer of your personal data outside Ecuador will be carried out in accordance with current regulations and with the provisions issued at the time by the Superintendency of Data Protection.

Any transfer of your personal data outside Ecuador will be carried out in accordance with current regulations and with the provisions issued at the time by the Superintendency of Data Protection.

The contracting parties agree that, within the framework of this contract, international transfers of personal data may be made, in accordance with the provisions of the Organic Law for the Protection of Personal Data (LOPDP) of Ecuador.

International data transfers will be carried out whenever necessary and in order to meet the objectives established by the company in compliance with its corporate purpose. In any case, it will be guaranteed that transfers are made in compliance with the provisions of the LOPDP of Ecuador and applicable regulations.

In particular, it will be ensured that international data transfers are made only to countries that have data protection policies similar to those of Ecuador and that offer an adequate level of personal data protection.

In the event that international data transfers are made to countries that do not meet the above requirements, all necessary measures will be taken to ensure that personal data is treated in accordance with the protection standards established in the LOPDP of Ecuador and in the applicable regulations.

At all times, the provisions of the LOPDP of Ecuador will be complied with and it will be guaranteed that the rights of the owners of personal data are protected. In addition, all the guarantees and rights that correspond to them under the applicable regulations will be respected.

The contracting parties undertake to collaborate at all times to ensure compliance with the provisions on the protection of personal data and, in particular, in relation to international data transfers.

This will be done under 5 premises detailed below:

1. On the basis of compliance with contractual obligations: PAYPHONE will process personal data for the following purposes and bases of legitimacy:

• For the formalization, development and execution of the sale of products or services, PAYPHONE uses your personal data, among others, to assess, select and establish the price values in relation to the products sold at one of our points of sale, as well as for the preparation and issuance of quotes, invoices, managing orders and other activities specific to the transaction.
• For product delivery. We use your personal data to deliver the product to you or to a third party that you have authorized, the delivery may be at one of our commercial locations or at a point selected by the customer. Sometimes to deliver the products we must record your entry and receipt of it. When you appoint and authorize a third party, we will use your personal data in accordance with this policy.
• For carrying out the collection process. Sometimes we will use your personal data to inform you about the payment process and to send or contact you to arrange payments for the expected price. This involves using your bank or credit or debit card details, the use of payment buttons, bank applications, gateways, and others, to perfect the contract for the sale of products.
• For the management of contests, offers, promotions or special events. PAYPHONE, directly or through third parties, business partners or strategic allies, will process your data to carry out contests, which can be in physical form, through websites, social networks, among others. We will use your data for registration, participation, execution of raffles and award of prizes to the winners and/or beneficiaries, in accordance with the specific terms and conditions of each contest.

2. Based on compliance with a legal obligation applicable to PAYPHONE:

For the fulfillment of obligations that correspond to PAYPHONE by legal mandate. Customers' personal data is used to comply with certain legally established obligations. Among others, PAYPHONE will process Personal Data in order to comply with the obligations established in the regulations relating to: tax laws, commercial code, company law and current regulations on the protection of personal data, among others applicable and enforceable to PAYPHONE.

3. On the basis of free, informed, unambiguous and specific consent:

• For data analysis and profiling. PAYPHONE processes the Customer's Personal Data, including their health data, whose treatment is explicitly consented to, with the objective that their shopping experience with PAYPHONE is as oriented as possible towards the Customer and that PAYPHONE may be able to continue using it to analyze their buying behavior. This includes the analysis of buying behavior and, in addition, the risk analysis for the company in case you decide to pay in installments and PAYPHONE must make a decision about the approval and execution of a credit in favor of one of our clients.
• For sending commercial communications through any channel, including, but not limited to, electronically, in accordance with applicable regulations. PAYPHONE will process your Personal Data to inform and advise you in a personalized way, taking into account your particular interests and needs in PAYPHONE products and services. Thus, PAYPHONE will process the Customer's Personal Data to send commercial communications, related to products and services in the industrial, construction and similar sectors, by any means, including electronic means, about personalized offers that respond to their interests. The personalization of commercial communications means that personal data is processed to create customer profiles, in accordance with their interests in products, and under no circumstances are profiles used to make automated decisions with legal effects for the owner.
• To transfer your Personal Data to related Companies. PAYPHONE may transfer the Customer's Personal Data to related companies that may be part of the business group or others for the sending of commercial communications by any means, including electronically.
• To transfer Personal Data to third companies. PAYPHONE may transfer the Customer's Personal Data to any other entity with which it establishes links of collaboration, cooperation, strategic alliances or commercial partnerships for the effectiveness of contractual relationships with the Customer for risk analysis, as well as for sending commercial information related to products and services for the sale of products. For more detail, the categories of recipients who will receive the Customer's Personal Data are identified in the sixth section “Transfers of Personal Data” and include other entities with whom a business link is established.

4. On the basis of legitimate interest:

• To ensure the security of Web services, information and network, as well as the normal functioning of the same. PAYPHONE will process your personal data for the purpose of ensuring information and network security, as well as its normal operation.
• For our continuous improvement of services and products, as well as for the improvement in the functionality of our services offered, our operation as an organization, the analysis for the design of our business strategy (financial analysis, cost analysis, marketing, among others), in which PAYPHONE has a legitimate interest in processing personal data of Customers.

5. On the basis of the public interest:

• For video surveillance. In our premises and plants we have cameras to ensure the safety and control of our customers and staff, so we deploy security cameras that connect to a video surveillance system to meet this objective.
• Users of this website are informed that the answers to the questions posed in the data collection forms contained in this website are voluntary, although the refusal to provide the requested data may result in the impossibility of accessing the services that require it.

The protection of sensitive data obtained online, such as medical data or children's data, is especially important to us. PAYPHONE does not deliberately collect or request information about medical history or data, sexual preferences, or information from minors. In the case of any information provided as part of the services that PAYPHONE provides for third parties, the presumption is that the information has been provided with the explicit consent of its owners, parents or guardians.

PAYPHONE suggests that the owners of this data, and in the case of minors their parents or guardians, know and accept the provisions and scope of this provision and these policies expressly.

By accessing our systems, or by continuing to browse our website, you expressly accept our processing of your data under the terms of this Privacy Policy and our Internal Personal Data Protection Manuals, which, from time to time, may be amended by us.

If you have any questions regarding privacy while using the application, or if you have questions about our practices, please contact us by email at protecciondedatos@payphone.app.