Privacy Policy
Due to the commercial activity carried out by Viva Spa, and in compliance with Law 1581 of 2012, we inform the owners of personal data that Viva Spa carries out the following types of Processing on their personal data. The types of Processing listed below must be authorized by the data subjects in a prior, express and informed manner:
- Collect information about users of its Website and customers of Viva Spa.
- To store in our databases information about Viva Spa users, customers or service providers for the purposes indicated in the Policy in point 3.
- Use the information provided by users and owners of personal data for the purposes set out in this Policy in point 3.
- Transfer personal data to third parties for marketing purposes and the other purposes described in point 3.
1. Protecting you: Your rights regarding the Processing of your personal data.
Viva Spa is committed to protecting your privacy and guaranteeing your rights to habeas data so that you can know, update and rectify the personal data managed by Viva Spa. Therefore, we inform you that you, in accordance with Law 1581 of 2012 and Decree 1377 of 2013, as the owner of personal data, have the following rights:
Know, update and rectify your personal data vis-à-vis Viva Spa or those in charge, i.e. those who carry out the Processing of personal data on behalf of Viva Spa. This right may be exercised, among others, in the face of partial, inaccurate, incomplete, fragmented, misleading personal data or those whose Processing is expressly prohibited or has not been authorised.
Request proof of the authorization granted to Viva Spa, unless there is a legal provision that indicates that such authorization is not necessary or that it has been validated in accordance with the provisions of Article 10 of Decree 1377.
Submit requests to Viva Spa or the processor regarding the use they have given to your personal data, and for them to provide you with such information.
File complaints with the Superintendence of Industry and Commerce for violations of Law 1581 of 2012 and Decree 1377 of 2013.
- Revoke your authorisation and/or request the deletion of your personal data from Viva Spa's databases, as long as there is no legal duty (when the user has made purchases there is a legal and tax obligation to leave a record of the purchases made, for which this information must remain in Viva Spa's sales register, the foregoing based on article 60 C.Co) or a contractual obligation on the part of the owner with Viva Spa, by virtue of which the owner does not have the right to request the deletion of their personal data or revoke their authorization for the Processing of the same. If there is no legal or contractual duty and Viva Spa has not deleted the owner's personal data from its databases or has not revoked the authorisation of the person who is entitled to revoke it within the legal term for doing so, the owner may apply to the Superintendence of Industry and Commerce to demand the revocation of the authorisation and/or the deletion of the personal data.
- Request access and free access to your personal data that has been subject to Processing.
This Policy ensures that any information you provide to us will be kept private and secure. To attest to this, we provide details of what information we collect and how we use it in this document. We will never collect information without your explicit, prior and informed consent, unless your personal data has been processed by Viva Spa prior to the issuance of Decree 1377 of 2013 and the procedure established in Article 10 of the aforementioned Decree has been carried out. This document is an integral part of Viva Spa's Terms and Conditions. By accepting the Terms and Conditions you acknowledge that you have been informed about our Policy.
2. The nature of the information we collect.
For the development of its commercial and operational activities, Viva Spa will collect, with express, free and informed authorisation, the personal data of the holders. This information collected will include:
- Personally identifiable information (PII) such as first and last names, telephone number, address, and other information that allows Viva Spa to identify users. Personal information will also be requested to book with Viva Spa, namely: (i) first and last names; (ii) address; (iii) email address; (iv) date of birth; (v) telephone number; and (vi) data related to the means of payment.
- IP (Internet Protocol) address for the purpose of diagnosing problems or problems with our server, as well as to administer your Website. An IP address is a number that is assigned to your computer when you use the internet. Your IP address is also used to help identify you within a particular session and to gather general demographic information.
- Email for the use of the Website, linking to Viva Spa and bookings.
3. Purposes and use we make of the information.
In order to provide an excellent service and to make the operations carried out by users more effective, agile and secure, Viva Spa will collect users' personal data only for the following purposes:
- To make the transactions carried out at Viva Spa more effective and secure.
- For the administration of the Website on which the user enters to explore the offers and promotions provided by Viva Spa.
- To fully comply with the services entered into with customers and users, in accordance with their purposes to provide Viva Spa's offers, promotions, services or products.
- To complement the information and, in general, to carry out the necessary activities to manage the requests, complaints and claims submitted by Viva Spa customers or users and by third parties, and to direct them to the areas responsible for issuing the corresponding responses.
- To send information and commercial offers of Viva Spa products, as well as to carry out marketing and/or commercialization activities of services and/or products that Viva Spa provides or may provide or offer.
- The personalization of customers in order to make them participate in the different benefit programs and promotional information.
- Prepare market studies, statistics, surveys, analysis of market trends, satisfaction surveys on the services provided by Viva Spa.
- For the transmission of personal data to third parties with whom contracts have been concluded for this purpose, for commercial, administrative and/or operational purposes.
- Manage all the information necessary for compliance with Viva Spa's tax obligations and commercial, corporate and accounting records.
- To identify users when they enter the Website.
- To offer them all the services and functionalities that suit the personalized tastes and interests of customers.
- To proceed with the billing and collection of the Viva Spa.
- To send information or messages about new products and/or services, to show advertising or promotion of the moment, banners, news about Viva Spa and any other information that we consider appropriate.
- Sharing personal data with service companies or outsourcing companies that contribute to improving or facilitating operations through Viva Spa, including payment methods, insurance or payment management intermediaries. Viva Spa will ensure that the policies of third parties have standards similar to those of this Policy, by signing agreements, agreements and/or contracts.
- To provide the personal data of the owners to the entities that intervene in the resolution of conflicts and that have competence to do so.
4. Confidentiality of information
Users' data will be Processed only by Viva Spa in the ways established in this Policy. Viva Spa will do everything in its power to protect the privacy of information. From time to time, Viva Spa may be compelled to disclose information to authorities or third parties by court orders or legal regulations. The owners acknowledge that their authorization will not be necessary, by virtue of Law 1581 of 2012, when the personal data are required by a public or administrative entity in the exercise of its legal functions or by court order. The owners also acknowledge that if the information is intercepted by unauthorized third parties in violation of our security measures to protect the information, Viva Spa will not be liable for that disclosure of information.
5. Minors
Our services are only available to those persons who have the legal capacity to contract. Therefore, those who do not comply with this condition must refrain from providing personal information to be included in our databases. Although they may do so through the parents, guardians or curators, as established in our Terms and Conditions, the guardian or legal representative of the minor will grant their authorization once the minor has exercised their right to be heard and their opinion has been evaluated in accordance with their maturity, autonomy and capacity to deal with the matter. The personal data of minors must respect the best interests of children and adolescents and their fundamental rights must be protected. In accordance with Decree 1377 of 2013, Viva Spa will not process sensitive data of minors, the latter defined by Law 1581 of 2012 as those that affect the privacy of the owner or whose improper use may generate discrimination, such as those that reveal union affiliations, racial or ethnic origin, political orientation, religious, moral or philosophical convictions, membership of trade unions, social or human rights organisations or those that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data relating to health, sex life, and biometric data.
6. Cookies
The user of the Viva Spa Website is aware of and accepts that Viva Spa may use a tracking system through the use of cookies (the 'Cookies'). Cookies are small files that are installed on the hard drive, with a limited duration in time that help to personalize the services. We also offer certain functionalities that are only available through the use of Cookies. Cookies are used in order to understand the interests, behaviour and demographics of those who visit or are visitors to our Website and in this way, better understand their needs and interests and provide them with a better service or provide them with related information. We will also use the information obtained through Cookies to analyse the pages browsed by the visitor or user, the searches carried out, improve our commercial and promotional initiatives, display advertising or promotions, banners of interest, news about Viva Spa, improve our offer of content and articles, personalise such content, presentation and services.
In addition, Viva Spa uses Cookies so that the user does not have to enter their password so frequently during a browsing session, also to count and corroborate registrations, user activity and other concepts and commercial agreements, always having as an objective the installation of Cookies, the benefit of the user who receives it, and will not be used for other purposes outside of Viva Spa. It is established that the installation, permanence and existence of Cookies on the user's or visitor's computer depends on their exclusive will and can be deleted from their computer whenever they wish. To find out how to remove Cookies from the system, it is necessary to review the Help section of the browser. Also, Cookies or other similar systems installed by third parties may be found on certain pages of our Website. Viva Spa does not control the use of Cookies by third parties.
7. E-mails
Our Policy regarding sending emails has the following purposes:
- After registration, notifying you of your account information.
- E-mails with reminders of the services we offer (especially those that you have not yet used or have not used in a considerable time).
- To send information about the services you have requested.
- As part of a Newsletter.
- Such as promotional emails.
- To provide related services.
- However, in each of the e-mails we send we will always offer the possibility to unsubscribe (opt-out) to stop receiving e-mails in the future.
If the owner of the email does not want to continue linking or receiving emails for the above purposes, the user can click on 'unsubscribe from the newsletter' that is at the end of all the daily emails you receive.
8. Security and storage
We employ a variety of security techniques to protect such data from unauthorized access by visitors to the Site from within or outside our company. However, it is necessary to keep in mind that perfect security does not exist on the Internet. Therefore, Viva Spa is not responsible for illegal interceptions or violation of its systems or database by unauthorized persons. Viva Spa is also not responsible for the improper use of the information obtained by these means.
9. Transfer in Special Circumstances
If there is a sale, merger, consolidation, change in corporate control, substantial transfer of assets, reorganization or liquidation of Viva Spa then, at our discretion, we may transfer, sell or assign the information collected on this Site to one or more relevant parties.
10. Customer Service
To answer any doubt, query, complaint, question, claim or request for any type of information related to your personal data, in particular, to exercise your rights to know, update, rectify and delete the data or revoke the authorization granted, Viva Spa has provided the following email [email protected] for your requests.
11. Procedures for exercising your rights
a. CONSULTATIONS
Viva Spa has mechanisms for the owner, his successors, his representatives and/or attorneys-in-fact, those who by stipulation in favor of another or for another are legitimate, or the representatives of minors who are the owners, to formulate QUERIES regarding what are the personal data of the owner that rest in the databases of Viva Spa. These mechanisms may be physical as a window procedure, as electronic procedures through the info@Viva Spa.com email or through telephone calls made to the call centers in charge of receiving petitions, complaints and claims. Whatever the means, Viva Spa will keep proof of the query and its response.
Before proceeding, the person responsible for attending the consultation will verify:
The identity of the owner of the personal data or his representative. To do this, it will require the holder's citizenship card or original identification document and special or general powers of attorney as the case may be.
The authorisation or contract with third parties that gave rise to the Processing of the owner's personal data by Viva Spa.
If the applicant has the capacity to make the query, the person responsible for dealing with it will collect all the information on the owner that is contained in the individual record of that person or that is linked to the identification of the owner within the databases of Viva Spa.
The person responsible for attending the query will respond to the applicant as long as the latter has the right to do so because he is the owner of the personal data, his successor, his representative and/or attorney-in-fact, those who by stipulation in favor of another or for another are legitimate, or the legal responsible in the case of minors. This response will be sent within ten (10) business days from the date on which the request was received by Viva Spa. This response will be mandatory even in cases where it is considered that the applicant does not have the capacity to make the consultation, in which case the applicant will be informed and will be given the option of demonstrating interest and capacity by providing additional documentation.
In the event that the application cannot be attended to within ten (10) business days, the applicant will be contacted to inform him or her of the reasons why the status of his or her application is being processed and indicating the date on which the consultation will be addressed, which in no case may exceed five (5) business days following the expiration of the first term. To do this, the same or similar means will be used to the one by which the consultation was submitted.
The final response to all requests may not take more than fifteen (15) business days from the date on which the initial request was received by Viva Spa.
b. COMPLAINTS
Viva Spa will have mechanisms in place for the owner, his successors, his representatives and/or attorneys-in-fact, those who by stipulation in favor of another or for another are legitimate, or the representatives of minors who are the owners, to make CLAIMS regarding (i) personal data Processed by Viva Spa that must be subject to correction, updating or deletion, or (ii) the alleged breach of Viva Spa's legal duties. These mechanisms may be physical such as window processing, or electronic such as email. Whatever the means, Viva Spa must keep proof of the query and its response.
The CLAIM must be filed by the owner, his successors; persons authorized to represent children or adolescents, when they are holders; their representatives and/or attorney-in-fact; those who by stipulation in favor of another or for another are legitimate, or their representatives, as follows:
The CLAIM must be filed by the owner, his successors; persons authorized to represent children or adolescents, when they are holders; their representatives and/or attorney-in-fact; those who by stipulation in favor of another or for another are legitimate, or their representatives, as follows:
- You should contact info@Viva Spa.com
- It must contain a description of the facts that give rise to the claim and the objective pursued (updating, correction or deletion, or compliance with duties).
- It must indicate the address and contact details and identification of the claimant.
- It must be accompanied by all the documentation that the claimant wishes to assert.
Before proceeding, the person responsible for dealing with the complaint will verify:
- The identity of the owner of the personal data or his representative. To do this, it may require the Holder's citizenship card or original identification document, and special or general powers of attorney as the case may be.
- The authorisation or contract with third parties that gave rise to the Processing, by Viva Spa, of the holder's personal data.
- If the claim or additional documentation is incomplete, Viva Spa will require the claimant on a one-time basis within five (5) days of receipt of the claim to correct the faults. If the claimant does not submit the required documentation and information within two (2) months of the date of the initial claim, it will be understood that the claimant has withdrawn the claim.
- If, for any reason, the person who receives the complaint within Viva Spa is not competent to resolve it, he/she will transfer it to the [data protection area or person in charge], within two (2) business days after receiving the complaint, and will inform the claimant of such referral.
Once the claim has been received with the complete documentation, a legend will be included in the Viva Spa database where the data of the holder subject to the claim is stored and the reason for it, within a period of no more than two (2) business days. This legend must be maintained until the claim is decided.
The maximum term for dealing with the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to address the claim within said term, the interested party will be informed of the reasons for the delay and the date on which their claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first term.
12. Modifications to the Privacy Policy
Viva Spa may modify the terms and conditions of this Policy at any time. Any change will be notified in advance or simultaneously to the owners of the personal data and will be effective as soon as it has been notified and is published on the Website. Depending on the nature of the change, we may announce the change through: (a) the home page of the Website, or (b) an e-mail to individuals in our database. In any case, the continued use of our Website implies the user's knowledge of the Terms of this Policy. If you do not agree with the Policy, refrain from using the Website and from granting your authorisation to Viva Spa to carry out the Processing of your personal data described herein for the purposes mentioned herein.
13. Validity
This Policy applies from the opening of Viva Spa. The personal data that are stored, used or transmitted will remain in Viva Spa's database, based on the criterion of temporality, for the time necessary for the purposes mentioned in this Policy, for which they were collected. In this way, the validity of the database is closely related to the purposes for which the personal data were collected. In this sense, the temporality or validity is subject to the purposes of the processing set out herein.