Last update: May 16, 2022

PPRIVACY POLICY ABOUT “FMCAMPS”

1. Introduction

Below you will find the Privacy Policy of the Website www.fmcamps.com (hereinafter, the “Platform”) which, together with the Terms and Conditions and Cookies Policy, form a contract between FMCAMPS S.A.C., with RUC N° 20608949225, (hereinafter, “FMCAMPS”) and the client and/or user (hereinafter, the “User”).

FMCAMPS ensures the utmost confidentiality and protection of any personal data that Users provide us with through the use of the Platform in order to make use of the services.

2. Objective and purpose

FMCAMPS is aware of the high importance of the privacy of our Users and of all those who are interested in the services and products offered.

Consistent with this consideration, we are committed to respecting your privacy and protecting the confidentiality of your private information and personal data. For this reason, by means of this Privacy Policy, we inform our Users of the purpose and the manner in which the personal data provided to FMCAMPS is collected, processed and protected.

Private personal information does not include information that is available through publicly accessible sources. These are understood as electronic, optical and other technological means of communication designed to provide information to the public and open to general consultation, telephone directories, newspapers and magazines, social media, professional lists, anonymized jurisprudence directories, public registries administered by the National Superintendence of Public Registries as well as any other registry or database qualified as public according to law, the Public Registries administered by the National Superintendence of Public Registries as well as any other registry or data bank qualified as public according to law, the entities of the Public Administration in relation to the information that must be delivered in application of Law No. 27806, Law of Transparency and Access to Public Information.

3. Legislation

According to Law No. 29733 - Personal Data Protection Law (hereinafter, the “Law”) and its Regulations, approved by Supreme Decree No. 003-2013-JUS, personal data is understood as any information about a natural person that identifies or makes him/her identifiable through means that can be reasonably used.

the other hand, personal data processing is understood as any operation or technical procedure, automated or not, that allows the collection, recording, organization, storage, conservation, elaboration, modification, extraction, consultation, use, blocking, suppression, communication by transfer or diffusion or any other form of processing that facilitates the access, correlation or interconnection of personal data.

FMCAMPS develops its personal data processing policy in accordance with the guiding principles set forth in the Law mentioned below:

1. Principle of legality: the collection of our users' personal data by fraudulent, unfair or unlawful means is rejected.
2. Principle of consent: in the processing of personal data of our users will be mediated by their consent.
3. Principle of purpose: The personal data of our users will be collected for a specific, explicit and lawful purpose, and will not be extended to another purpose that has not been unequivocally established as such at the time of collection.
4. Principle of proportionality: all processing of personal data of our users will be adequate, relevant and not excessive to the purpose for which they were collected.
5. Quality principle: Personal data shall be truthful, accurate and, as far as possible, updated, necessary, relevant and adequate with respect to the purpose for which they were collected.
6. Principle of security: they will be kept in such a way as to guarantee their security and only for the time necessary to fulfill the purpose of the processing.

FMCAMPS and, as the case may be, the data processors have the appropriate security measures in accordance with the processing to be carried out, in addition to the adoption of the technical, organizational and legal measures necessary to guarantee the confidentiality of the personal data.

4. Information on personal data

The User is informed and freely and voluntarily authorizes FMCAMPS to collect, store, conserve, access, use, delete or update its personal data for its activities in Peru. In this regard, the personal data to which FMCAMPS has access as a result of the services it provides or by filling out different forms, shall be incorporated into the corresponding “Personal Data Bank”, forming the organized set of users" personal data, created by FMCAMPS and registered in the National Registry for the Protection of Personal Data.

The personal data provided by users shall be treated with complete confidentiality and may only be known and handled by FMCAMPS personnel who need to know such information in order to provide the services offered. FMCAMPS undertakes to maintain professional secrecy with respect to such data and guarantees its duty to safeguard them by adopting all necessary security measures. Authorization shall not be required when the personal data are necessary for the performance of a contractual relationship to which the holder of the personal data is a party.

Should the registered data prove to be inaccurate, in whole or in part, or incomplete, FMCAMPS may update and/or replace them with the corresponding rectified or completed data.

The personal data requested from users are basic contact data and are adequate, relevant and not excessive in relation to the purpose for which they are collected.

5. Purpose of personal data processing

All data collected will be used by FMCAMPS for:

To adequately provide the management of On Site services with modules focused on the maintenance of mining camps and equipment -but not limited to it- through the use of the software called "FMCAMPS”. Also, the personal data will be used to perform a diagnosis and correction of the Services and other offers of the Company.

In that sense, the personal data requested for the provision of the services described in the immediately preceding paragraph are:

• Name and surname,
• D.N.I./C.E./Passport,
• R.U.C.,
• Date of birth,,
• Sex,
• Age,
• Address (domicile),
• Contact telephone number,
• Personal e-mail address,
• Work e-mail address,
• Image (photograph of face),
• Position (responsibility),
• Job specialty,
• Company,
• Cost per man hour,
• Cost center,
• Work area,
• Clothing and shoe sizes,
• Training,
• Validity of medical pass.

Personal data will be deleted when they are no longer necessary for the purposes for which they were collected. However, they shall be kept for as long as FMCAMPS may be held liable for any liability arising from this relationship with the users. Further processing for historical, statistical or scientific purposes shall not be deemed incompatible.

6. Complaint book

Likewise, the User expressly authorizes FMCAMPS, when making use of the complaints book, to process his/her data in order to meet the needs of such procedure, as well as to meet the needs arising from any judicial, administrative or arbitration process or procedure that may arise in the future in connection with the complaint filed by the User, to meet any inspection by the competent authority regarding the processing of personal data, once the complaint procedure has been completed.

The data collected through the complaints book will be stored in the “Complaints Book” database owned by FMCAMPS.

As a consequence of the purposes described above, the storage period of the data shall be indefinite. For all purposes, it shall be understood that this maximum period of storage and processing of personal data is a right of FMCAMPS and not an obligation, and FMCAMPS may therefore choose to store and/or process them for shorter periods. This in no way prejudices the rights of users to revoke their consent to the processing of their personal data at any time, as permitted by law and as detailed by FMCAMPS in this Privacy Policy.

7. Personal data security

compliance with current regulations, the Information Security Directive approved by Directorial Resolution No. 019-2013-JUS/DGPDP of the National Authority for the Protection of Personal Data, FMCAMPS has adopted the technical and organizational security and confidentiality measures appropriate to the category of personal data, necessary to maintain the required level of security, in order to avoid as far as possible the alteration, loss or unauthorized access or processing that may affect the integrity, confidentiality and availability of the information.

However, the transmission of information via communication networks and the Internet is not totally secure; therefore, although FMCAMPS will make its best efforts to protect personal data, it cannot guarantee the security of such data during transit to the Platform. All information provided by Internet users by this means shall be sent at their own risk.

8. Exercise of Access, Rectification, Cancellation and Opposition Rights

Users who have provided personal data to FMCAMPS may contact the latter in order to exercise their rights to information, access, updating, inclusion, rectification and deletion, to prevent the provision of their personal data, to oppose the processing or objective processing of the data, in accordance with the terms set forth in the legislation in force. These rights may only be exercised by the owner of the personal data or his proxy, in accordance with the law.

In order to exercise these rights, users should contact the following e-mail address soporte@fmcamps.com, with the reference “Personal Data Protection”, specifying their data, proving their identity and the reasons for their request. The person signing the request must attach a simple copy of the documents proving the identity of the holder (National Identity Card or equivalent document) or, if applicable, that of the attorney-in-fact, as well as a simple copy of the power of attorney granted by notary when applicable.

Likewise, FMCAMPS informs its users of the existence of administrative remedies to enforce their rights before the National Data Protection Authority or jurisdictional remedies before the Judiciary for the purposes of the corresponding habeas data action.

9. International transfer of personal data

FMCAMPS uses third party servers for the storage of data banks by technological means, therefore, a cross-border flow will be carried out with the company Amazon Web Services Inc. identified with E.I.N. N° 204938068, a web hosting service provider located in the United States of America, as indicated in the respective records of personal data banks.

This personal data may also be communicated to administrative entities, judicial and/or police authorities, as long as it is established by law.

10. Others

As this is a virtual tool, which does not allow direct physical contact between FMCAMPS and the owner of the personal data, FMCAMPS shall collect and process the personal data based on the good faith presumption that the person providing the data is of legal age, is proficient in the Spanish language, is of sound mind, has full civil capacity and is the owner of the personal data or acts as the representative of the owner of the data provided, in the event that the data is owned by third parties.

If you have any questions regarding this Privacy Policy, please contact us at the following email address: soporte@fmcamps.com

11. Validity and modification of this Personal Data Protection Policy

The FMCAMPS Personal Data Protection Policy is constantly updated, and FMCAMPS reserves the right to modify its policy in the event of a change in current legislation, doctrine, jurisprudence or its own business criteria. Should any change be made to this policy, the new text will be published on this Web Site.

All users are encouraged to periodically review this Privacy Policy, which can be found at www.fmcamps.com/en/privacy.