Privacy Policy

Last updated: May 26th, 2023 

IMPORTANT NOTE: The Spanish version of this document will govern our relationship - this translated version is provided for convenience only and will not be interpreted to modify the Spanish version. To view the Spanish version please click here.

  1. Preliminary Considerations

This Privacy Policy (the “Policy”), whose main intention is to protect and guarantee the fundamental right to privacy contemplated in the Panamanian legal system, is designed to inform the User, as defined below, about the procedures and policies to collect, use and disclose information carried out by Trambia Inc and Fygaro Panama Inc, whose trade name, collectively, is Fygaro, (“Fygaro”), through its ecommerce digital platform, www.fygaro.com (the “Platform”), in connection with the use of the Services, as defined below.

Fygaro offers a range of services and functions related to business administration, online payments and online stores, including the creation of invoices, acceptance of online payments through orders, expense registration, inventory control, and related reports, b) mobile applications, plug-ins, integrations and Fygaro software (“Software”), c) any updates made to the Software, d) web pages and web stores, e) documentation, including but not limited to manuals and videos, for Users, and (f) any other new product, service, or functionality that Fygaro offers to Users in the future (“Service” or “Services”).

Through this Policy, Fygaro intends to inform the user of the Platform and/or the Services (the “User”) about the aspects that they must know and authorize regarding the privacy of their data.

In compliance with Law 81 of March 26, 2019 on the Protection of Personal Data and its regulations established in Executive Decree 285 of May 28, 2021, you are informed that the data provided by you directly may be collected by Fygaro, with the objective of fulfilling the purposes of the relationship that links it with you, depending on your activity on the Platform. All information contained in the Fygaro database is processed in accordance with the principles, rights, obligations and procedures established in the aforementioned law.

The User understands and accepts that, for the purposes of this Policy, they may have different access to information and functionalities, depending on the category of User to which they belong, which will be determined by Fygaro, at its sole discretion, and in accordance with the choice made by the User on the Platform. Under this understanding, the User may belong to different categories: Subscriber or Client. A Subscriber will be the User who uses the Platform to create their own ecommerce with the intention of marketing their products and/or services to other Users. On the other hand, a Client will be the User who uses the Platform to acquire products and/or services from the Subscribers who make them available.

  1. Consent

To use the Services, the User must provide information that may include personally identifiable data, including but not limited to full name, telephone number, exact address, IP address, purchase information, date of birth, occupation, profile photo, payment method of preference, credit or debit card number, email address and/or any other information that Fygaro may request from Users for the purposes of entering the Platform and carrying out their transactions (“Personal Data”).

Fygaro has a database in which it collects, processes and stores some User information that may include Personal Data, for exclusively domestic or internal purposes, and with the intention of adequately providing the Services to the User. The User is responsible for entering and sending their Personal Data through the Platform, so they accept and undertake to provide real, truthful, complete and updated information. Any omission or inaccuracy in the information could imply the impossibility of Fygaro providing the Services requested by the User or responding to any request. Likewise, the User understands that by choosing not to provide their Personal Data, this could imply the impossibility of receiving the Services adequately in whole or in part. By virtue of this, any omission or inaccuracy in the information that the User provides entitles Fygaro to: i) delete your account; ii) not provide the requested Services; or iii) delete the data provided by the User from its database.

By checking the acceptance box, registering on the Platform (the “Registration”), accessing the Services, browsing and/or visiting the Platform, or contacting Fygaro as a visiting User on the Platform, you freely and formally accept and issue formal consent, in accordance with Panamanian legislation, that your Personal Data be consulted, processed, treated and stored by Fygaro. In this sense, Users acknowledge that they have read, understood and have no doubts related to the form, means and purpose for which the Personal Data has been requested, and that they expressly and voluntarily accept their registration in the database. Fygaro data, and that authorizes the processing of the Personal Data granted.

In some cases, Fygaro may ask Users who wish to become Clients to provide additional information to that requested in the Registration form. This information is requested to verify the User's identity and reduce the likelihood of fraud, which is common in the web technology industry in which Fygaro operates. Individuals who do not wish to provide such requested information will not be eligible to become Customers.

Customers understand and agree that Subscribers reserve the right to establish their own privacy policies in relation to Customer activity on their ecommerce. In this case, the Client must verify the specific conditions of the Subscriber to determine the way in which their Personal Data is collected. Without prejudice to the foregoing, in the event of a contradiction between the terms included in the policies established by the Subscribers and this Policy, those included in the latter will prevail.

The informed consent given by the User includes the authorization to transfer information that Fygaro may store, process or use in accordance with locally applicable regulations. Without prejudice to the foregoing, some third parties may have access to the User's information, including:

  1. The personnel in charge of customer service, for the purposes of responding to queries and seeking the solution of problems or complaints reported by Users, in relation to the Services. When sending a support request for any of Fygaro's products, for example through an email or through the ticketing system or any other means that Fygaro makes available to the User in order to find a solution regarding the use or consult technical problems, or others of a similar nature; The User accepts that Fygaro may use and/or publish the findings or results obtained in order to help clarify or respond to the request and/or to support other Users experiencing the same problem;
  2. The general public if the content was sent by the User to a public forum, for example, comments on product and/or service pages provided by a Subscriber, social network messages or other options of our Services available to the general public. , in which case the User will assume the risk and release Fygaro from all liability for any improper, unauthorized or illegal use of the information by third parties;
  3. Third parties with whom Fygaro has commercial relationships based on “outsourcing”, that provide services or carry out data processing on our behalf, or for data centralization and/or logistics purposes (provided that this is done in a way that allows such third parties to not be able to individually identify any User), including but not limited to payment methods, insurance, web hosting companies, organizations and affiliated companies, among others. Some of those employees, contractors and affiliated organizations may be located outside of your home country, so by using the Fygaro Services, you consent to the transfer of such information to them;
  4. Employees, officers, subsidiaries, affiliates, suppliers, consultants, agents, marketing partners and other suppliers or contractors who reasonably need access to such information for the purposes described in this Policy;
  5. Third parties by virtue of a possible negotiation or formalization of a merger, acquisition, financing, assignment or other similar transactions. In these cases, Fygaro will provide only the information that is strictly necessary and in compliance with the legal guidelines established by the applicable Panamanian legislation on the transfer of Personal Data;
  6. The appropriate authorities, if required by law or in the good faith belief that such action is reasonably necessary to:
    1. Comply with any legal process or as required by competent judicial, administrative, or supervisory authority, or in any manner required based on applicable statutes, rules, regulations, laws and regulations;
    2. Respond to any complaints that content violates the rights of third parties;
    3. Respond to customer service requests; either
    4. Protect the rights, property or personal safety of Fygaro, its visitors and other Users, including the general public.

Without prejudice to the foregoing, these third parties must comply with at least the same security standards that Fygaro follows and that are required by the Data Protection Law within the Republic of Panama.

The processing and storage of Personal Data by Fygaro will be valid for an indefinite period, in order to ensure adequate provision of the Service to the User, and provided that the Users do not withdraw their consent. Once the User's use of the Services has ended, Fygaro will only retain such information for the maximum period established by law. The User may revoke their consent at any time and exercise their rights of access, rectification, cancellation and opposition to the processing of their Personal Data, by contacting Fygaro via email support@fygaro.com. Without prejudice to the foregoing, in some cases Fygaro must retain certain information about the User, for the purposes of ensuring data integrity.

Fygaro will establish the mechanisms to preserve proof of the consent granted in order to guarantee its access, in case the Subscriber or Client requires to consult it.

  1. Information Collected and Confidentiality

The ways in which Fygaro may collect User information include the following:

  1. Account creation or modification;
  2. By requesting or using the Services;
  3. By contacting Fygaro through any email associated with the domain @fygaro.com, or through social networks, live chat or WhatsApp, as appropriate, for the purposes of queries related to customer service;
  4. By any other means by which the User contacts Fygaro.

Depending on the way in which the User uses the Services, Fygaro may collect information about the User related to the following general categories:

  1. Device information: We may collect information about the device that the User uses to access the Platform, including, but not limited to: hardware model, operating system and version, names and versions of files and software, language preferred, the unique device identifier and advertising identifiers;
  2. Call and SMS Information: The Services facilitate communications between Users and between Fygaro and Users, including telephone calls or SMS messages. For these purposes, Fygaro may receive data from such communications, including the date and time of the call or WhatsApp message, the telephone numbers of the parties and the telecommunications operator used by each.
  3. Transaction information: We collect data related to the use of our Services, including but not limited to: the type of Service requested, the time of provision of the Service, the amounts charged and other related transaction data;
  4. Preference Information: Fygaro collects information about the way the User interacts with the Services, their preferences and specific settings. In some cases, Fygaro performs this collection through the use of cookies, pixel tags, and similar device identification technologies that create and maintain unique identifiers. Fygaro's use of such technologies is described in Section 8 of this Policy ("Cookie Policy"). Fygaro may disclose this information, for example, by publishing a report on trends in the use of the Platform;
  5. Log Information: When you interact with the Services, Fygaro collects server logs that may include information such as, but not limited to: the IP address of the device used to interact, the dates and times of access, the characteristics of the Platform or the pages visited, Platform crashes and other system activity, the type of browser and the third-party site or service you were using prior to interacting with the Services;
  6. Product information: When Subscribers use the Platform to make their own products and/or services available to other Users, Fygaro will collect information related to them. Such information may include but is not limited to information on availability and inventory, physical characteristics and technical specifications, color, dimensions, recommended uses, compatibility with other products, functionalities, prices and other particulars.

Fygaro considers the User's use of the Services private and confidential. In this sense, it undertakes to keep the information entered by the User through the Platform under the greatest possible confidentiality. Personal Data, as such, will be kept confidential in accordance with the common process and good practices for the management of information of its nature.

The Personal Data collected will only and exclusively be used for specific, explicit and lawful purposes for which the collection was authorized by its owner, ensuring at all times the recognition of the basic inalienable rights of the owners of Personal Data, including, without limitation , rights of access, rectification, cancellation, opposition and portability.

Fygaro does not rent, share or sell or in any other way commercialize the Personal Data of its Users. Likewise, these Personal Data will not be assigned, communicated or transferred to third parties except as indicated in this Policy.

Any other use not expressly described in this Policy will be previously notified and accepted by the Client or Subscriber by any of the means contemplated in this Policy.

Fygaro hereby reserves the right to pre-screen, reject and/or remove any content that is available through the Services and to remove or delete any content that violates this Policy or that could be considered offensive to other Users. In the same way, Fygaro will have the power to eliminate content that may enter or conflict with the intellectual property rights of third parties, after receiving an official request from such third party or through its suppliers.

  1. Security of User Data

 

Fygaro will adopt the necessary technical and organizational measures to guarantee, to the extent possible, the security of Personal Data and prevent its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data and the risks to which they are exposed, whether they come from human action or the physical or natural environment.

If reasonably required, to achieve the initial purpose of the User's submission of information, Personal Data will be securely stored in a database owned by Fygaro, and will remain there unless the User requests its deletion. Notwithstanding the foregoing, the amount and type of information that Fygaro collects from the User will depend on the nature of the interaction.

No credit or debit card information of any of the cardholders (Users) is stored through the Platform. This information will not be retained, disclosed or recorded, but is used by third party payment processors. The card may be held exclusively by this third party payment processor, subject to their own terms of use and privacy policies. Notwithstanding the foregoing, Fygaro stores atoken as a card reference, without it containing information that individualizes the User or can be used by Fygaro to carry out transactions other than those duly authorized by the User.

The transfer of data carried out in accordance with this informed consent will be carried out under security standards that guarantee the User and Fygaro that the information will be treated, processed and stored in accordance with the specific purposes of this Policy.

Fygaro reserves the right to include the use of security components that protect Personal Data and digital material. Such use is subject to the usage guidelines and regulations established by Fygaro or any other content provider that provides content services to you.

Fygaro makes its best efforts to keep any information entered by the User under secure circumstances. However, the User acknowledges that despite its reasonable efforts, Fygaro cannot guarantee absolute protection of the Platform from risks or of the data it processes or uses to provide the Services.

If an event occurs that poses a specific risk to the security assessment of the information provided by the User, Fygaro will issue a statement as soon as possible in which it will inform the User about said risk.

  1. Minors

Our Services are only available to those people who have the legal capacity to contract. Therefore, those who do not meet this condition must refrain from providing personal information to be included in our databases. However, they can do so through parents or guardians.

  1. Sensitive Data

Fygaro does not process or store Sensitive Data of its Users. For the purposes of this policy, Sensitive Data is understood to be data that refers to the intimate sphere of its owner, or whose improper use may give rise to discrimination or entail a serious risk for the owner. For example, Personal Data that may reveal aspects such as racial or ethnic origin, religious, philosophical and moral beliefs or convictions, union membership, are considered sensitive; political opinions, data related to health, life, sexual preference or orientation, genetic data or biometric data, among others, subject to regulation and aimed at uniquely identifying a natural person.

  1. Rights that Assist the User

The User may exercise their rights of access, rectification, cancellation, opposition, blocking and portability at any time in relation to the processing of their Personal Data, by contacting Fygaro through the email address support@fygaro.com, and providing the data necessary to prove your identity at the time of making the corresponding request.

Fygaro reserves the right to request and limit the aforementioned rights, in accordance with articles 26 to 31 of Law 81 of March 26, 2019 on the Protection of Personal Data and its regulations established in Executive Decree 285 of May 28. of 2021.

If the User would like to deactivate their account, they must directly enter their Account and carry out the necessary steps to do so, which they can verify by sending a message requesting cancellation instructions to Fygaro through the email address support@fygaro.com. Please note that in some cases Fygaro must retain certain information about the User, for the purposes of ensuring compliance with applicable law.

  1. Cookies

Fygaro uses cookies. A “cookie” is a piece of text information that a web-based system transfers to the computer's hard drive, so that the system can remember who the user is. Cookies allow the systems of an application or a service provider to recognize the browser used by the User and capture or remember certain information. Fygaro may use cookies to obtain information, such as but not limited to:

-  Your IP address

-  The date and time of your visit

-  The referral URL

-  The pages or tabs that you visited on the Platform

-  Information about the browser you used

-  Browsing time on the Platform.

-  Number of times you accessed the Platform and usage of the functions available therein.

 

Additionally, cookies usually store information such as, but not limited to, technical information, personal preferences, content customization, usage statistics, links to social networks and access to User accounts. Cookies allow Fygaro to identify and adapt the content of the Platform to the User's profile and preferences. The User understands and accepts that Fygaro may use a tracking system through the use of cookies. Visitors to the Fygaro website who do not wish to have cookies on their computers should set their browsers to reject cookies before using the Platform and/or using the Services, which could result in certain features and/or functionality of the Fygaro website, or Platform, including the Services, may not function correctly.

  1. Changes to the Privacy Policy

Fygaro may modify this Policy at any time, at its own discretion and without prior notice. For the purposes of notifying Users, the simple publication on the Platform of the updated version will suffice, without prejudice to the possibility that Fygaro reserves to notify Users by any of the means of contact indicated by them to receive communications. You understand and agree that your continued use of Fygaro products and services, following any changes to this Policy, will constitute your unconditional acceptance of such changes.

  1. Release of Liability

The User is solely responsible for maintaining the confidentiality of their login credentials to the Platform, and for restricting access to their account. The User will be responsible and liable for all activities that occur under their account, since the information associated with each account is strictly personal and non-transferable. Likewise, the User acknowledges, understands and agrees that all information, text, software, data, photographs, music, video, messages, tags or any other content that is published publicly or privately and/or transmitted on The Platform is the sole explicit responsibility of the individual from whom the content originated.

The User acknowledges and accepts that the use of the Platform is carried out at all times under their entire risk and responsibility, so Fygaro will not be responsible for any improper use that may be made of the media and/or technologies associated with it.

Fygaro will not be responsible for damages of any kind caused to the User's electronic equipment (computer, phone, tablet, or others), caused by viruses, worms or any other malicious program/harmful element. The User acknowledges that the use of the Internet entails certain risks that imply that their computer equipment may be affected. For these purposes, it is up to the User, in any case, to ensure the availability and use of appropriate tools for the detection and elimination of harmful digital programs that may pose a risk to their devices.

Fygaro will not be responsible for failure to perform its obligations when due to force majeure, acts of God or the entry into force of government legislation, regulations or restrictions of any other nature that prevent it from performing its obligations.

  1. Questions and Contact Information

The User expressly authorizes the receipt of emails from Fygaro, including to inform you about new products or services, request your collaboration, inform about an interruption in the availability of the Services, or simply to keep you up to date with what is happening with Fygaro and its Services; However, you may request the suspension of sending emails to your email account at any time, by following the unsubscribe link included in each communication. The User understands and accepts that notification communications from the Platform or invoices cannot be cancelled, and for the proper functioning of the Services and/or the Platform, it is a fundamental condition that Fygaro can maintain fluid communication with the User regarding these aspects.

The User accepts that Fygaro may communicate by any means registered by the User on the Platform in order to communicate information, such as but not limited to: i) promotions, products, invitations to events, ii) notifications about changes to this Policy, and iii) any other information or formal notification that Fygaro needs to communicate to the User. In all electronic communications sent by Fygaro, the name of the sender will be duly informed, as well as the way in which the User may object to continuing to receive communications.

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