Privacy Policy

This is a courtesy translation. If it differs from the Spanish version, the Spanish version prevails.

At HYPERGENIA we understand that personal data matters to every person and to our whole community. That is why we make responsible use of the personal information each person entrusts to us, so they can feel safe and confident in our network.

This personal data policy is part of the General Terms and Conditions of HYPERGENIA.

Giving your voluntary and express acknowledgment of this policy is an essential requirement for any kind of interaction with HYPERGENIA and its users in Colombia.

Please note that when you register on our portal, a user account is created that lets you operate within the HYPERGENIA network. For this, your data must be shared among all the HYPERGENIA companies that make up the platforms.

Who will be responsible for processing your personal information?

SPYDER SECURITY SAS, identified with NIT (tax ID) 901.038.813-4, domiciled at Carrera 20 B # 47 – 112 INT 148 (Medellín, Antioquia), phone +57 310 298 1425, email gerencia@clsasociados.com (owner of the HYPERGENIA brand), is responsible for processing the data of the users and visitors of its Platforms.

The data controller is whoever decides on the processing of personal data. To do so, it determines the purposes or uses for which the personal information will be used and the means that will be used for that processing.

What kind of data do we collect and process?

HYPERGENIA collects your personal information so that you can enjoy our services. Sometimes you provide the information yourself, when you register or provide information while using one of our services. Other times we collect it automatically, such as when you browse our pages or use our services. We may also collect information about you from other reliable sources.

You are not required to provide the personal information listed below; however, it is an essential requirement to contract with and/or have any kind of relationship with HYPERGENIA, and if you do not provide this information, we will not be able to provide our services, or our ability to do so may be significantly hindered. Inaccurate or false personal data you provide could cause the suspension of the Services. Likewise, HYPERGENIA may suspend or permanently disable users who violate this Privacy Statement.

These are the types of data we may collect:

Information you provide directly when you register or use our services

• Nickname or pseudonym to operate on the HYPERGENIA platforms,
• Name, personal image (personal photo or photo of your ID document),
• ID document number or valid identification,
• Contact information (such as phone number, home address, email address),
• Bank account details, payment information and payment methods. Only when you wish to purchase paid services from us; if you only wish to file complaints or interact with other people and/or companies, this information will not be requested.
• In addition, all the details of one of your most beloved companions, YOUR PET.

Information we collect automatically, whether or not you are registered

• Information about the devices or computers from which you access the HYPERGENIA platform and other automatically captured data (such as browser or operating system type or version, settings, information about some of the downloaded applications, and parameters).
• The internet IP address you use when connecting to our services or browsing our websites.
• Certain information about the activity of users and visitors on our website and apps. For example, the URL they come from or the URL they go to next (whether or not it is on our website). Also the pages visited, interactions with those pages, searches made, posts, purchases or sales, ratings and replies entered, complaints made and received, and forum messages, among other information, may be stored and retained.
• Information about your location (geolocation), which may be used to offer you discounts, service pickup, or to locate merchants with QR payment enabled, by HYPERGENIA or its partners.
• Contact lists from the mobile devices used by users, to provide various services, such as sending money between accounts.
• Links between accounts and users, for fraud prevention purposes.
• Data for managing complaints and lawsuits (information for preparing documents, records and strategies).

If you have not registered or signed in through your Personal Account, HYPERGENIA will only collect and store, in addition to the information indicated in this section, your mobile phone numbers, your email address and emails sent.

Why do we collect this personal information?

Collecting and processing your personal information allows us to provide you with excellent service, so that you can carry out operations quickly and securely, and to offer you features better suited to your needs. Except where applicable regulations prohibit it, HYPERGENIA may use your personal information for the following purposes:

• Contacting you to deliver information about the cases you open or the help companies offer to resolve your cases.
• Identifying and contacting you.
• Registering you in our systems.
• Verifying your identity in compliance with legal requirements.
• Validating, updating and correcting your information.
• Providing the services and/or benefits you request or contract with us.
• Helping you contact directly the companies you complain about or praise.
• Preparing and keeping a record of the operations you carry out, informing you about them and following up accordingly.
• If we have any problem with your payments or with the platform that manages them.
• Handling your comments, complaints and suggestions, and providing support.
• Consulting and reporting positive and negative data to credit bureaus, carrying out commercial and/or credit risk checks, analyzing the feasibility of entering into or maintaining a commercial relationship, and building profiles for credit analysis purposes.
• Judicial and/or extrajudicial debt collection.
• Enabling your participation in contests, auctions or raffles, if held and applicable to you, and notifying you if you win, always in compliance with the regulations that apply to raffles and contests.
• Contributing to the security of relationships, communications and transactions among the users of our platform.
• Building a reputation system for users and companies, for the benefit of consumers.
• Improving our services, developing new ones and offering you a better experience on the HYPERGENIA platforms.
• Conducting internal and statistical studies about your interests and behavior, to offer you better services.
• Building profiles by analyzing various variables, such as conduct or interactions within the platform, preferences, interests, transaction history, behavior and location, among others, to improve our commercial and promotional initiatives, show advertising or promotions, banners of interest, news about the best or worst companies, the complaints most often posted on our platform, the users who report the most transactions and, in general, any kind of analysis arising from the transactions carried out within the HYPERGENIA network.
• Offering you services and features suited to your needs, to give you a better experience.
• Improving our commercial and promotional initiatives and analyzing the pages visited and searches made by users, to improve our content and article offering and to personalize that content, its presentation and services.
• Training independent consultants to improve the services they offer to HYPERGENIA users.
• Sending you information through different channels (email, text messages (SMS), push notifications, phone calls or any other means) about improvements or new features or services of the platform.
• Seeking your loyalty through a benefits program.
• Allowing third parties, through public APIs, to build applications that use platform content and interact with it to facilitate, improve and/or enhance its use and features and the services provided by HYPERGENIA in general.
• Complying with the regulations applicable to HYPERGENIA in general.
• Complying with information requests from competent administrative or judicial authorities.
• Providing user information to government entities with collaboration agreements, so they can carry out their duties.
• Detecting and preventing fraud, abuse and related crimes, to protect our users’ security and the sustainability of the platforms.
• Protecting the rights of users, third parties or HYPERGENIA itself.
• Defending the rights and the tangible and intangible assets of HYPERGENIA.
• Allowing other users or third parties to enforce their rights.
• Cooperating with intellectual property holders in the exercise of their rights.
• Cooperating in the protection of intellectual or industrial property rights, our own or those of third parties, and in investigations of trademark and patent infringement and counterfeiting.
• Cooperating with the entities involved in resolving disputes.
• Cooperating with private entities that represent collective interests under collaboration agreements, to facilitate the resolution of disputes.
• Making advertising and promotional announcements and contacts.
• Carrying out all kinds of marketing, advertising, sales prospecting and/or market research activities.

Some of the purposes described may not apply if you do not use the service associated with them.

HYPERGENIA will keep your Personal Information for as long as necessary to fulfill the purposes for which it was collected.

Is my personal information shared, and how?

Protecting your privacy is very important to HYPERGENIA. That is why we do not sell or trade information that identifies our users. Nor do we share or transfer your personal information to third parties in any other way, except as indicated below:

HYPERGENIA may assign, transmit and/or transfer your Personal Information to:

• “Service Providers”: the service providers or third-party companies we hire to act on behalf of HYPERGENIA and provide a service following our instructions and in accordance with this Privacy Statement, to help improve or facilitate operations through our platform, such as: (a) media outlets or any company interested in performing data analytics on the behavior of complaints, claims, suggestions and compliments; (b) state oversight and control entities, so they can exercise their own oversight of the companies that receive the most complaints and of how those complaints are resolved; (c) IT system providers, cloud service providers, database providers and technology service providers in general; (d) call centers or customer service centers; (e) companies that run loyalty programs, to grant you benefits; (f) advertising or marketing agencies; (g) data analytics; (h) collection agencies. These Service Providers only access the information strictly necessary to provide the agreed services and may not use it for purposes other than those entrusted to them by HYPERGENIA.
• “Commercial Partners”: companies with financial or commercial activities with which HYPERGENIA has a collaboration or partnership, in order to offer you promotions, products and services of those companies or co-branded ones. In these cases, HYPERGENIA always ensures that confidentiality and security standards are met, by signing agreements whose purpose is the privacy of our users’ personal data and compliance with applicable law.
• “Counterparty to the transaction”: other users of the HYPERGENIA platforms, under the conditions provided, in order to put the complaining user in contact with the companies, or vice versa.
• “Public Authorities”: administrative and judicial authorities that, in the exercise of their powers, request information, even if there is no order or executive or judicial summons to that effect, for the purposes of: (a) cooperating in the investigation and reporting of fraud, piracy, violations of intellectual or industrial property, or any other unlawful act, as well as any activity or circumstance that could give rise to legal liability for HYPERGENIA and/or its users; (b) safeguarding a public interest, the pursuit or administration of justice, the recognition, exercise or defense of a right in a judicial or administrative proceeding, and/or the resolution of disputes; and (c) complying with any applicable law, regulation or legal provision, or any duly founded and reasoned order of a competent authority.
• “Dispute Participants”: authorities, mediators, courts or entities involved in dispute resolution, in order to resolve any disputes that may arise between users, or between users and any of the companies of the HYPERGENIA corporate group.

Likewise, HYPERGENIA may, at its discretion, disclose your personal information to other users of the Websites and/or the Services, to entities or to third parties when there are sufficient grounds to consider that your activity is suspected of attempting or committing a crime or of attempting to harm other people.

If HYPERGENIA decides to share your personal information with third parties other than those mentioned, we will request your prior and express consent, unless a legal authorization or obligation allows us to do so without that consent.

You also give your express and informed consent for HYPERGENIA to assign, transmit or transfer your personal information to the recipients detailed in this Privacy Statement.

Finally, HYPERGENIA will not be responsible for the misuse of your personal information by any third party when those third parties directly collect and/or process your personal information.

How long will we store Personal Information?

We will only store personal information for as long as necessary to fulfill the purpose for which it was collected, to meet regulatory or legal requirements, or for the statute of limitations period of possible legal or contractual liabilities.

Once that period ends, the data will be deleted or anonymized so that no person can be identified, as permitted by the regulations of each country.

Minors

HYPERGENIA Services may be available to minors with the prior consent of their legal representative. If you fall into this category and do not have your representative’s consent, you must not provide your personal information.

Links to other websites

Through the Platforms, HYPERGENIA may include links to third-party websites, which does not mean they are owned or operated by HYPERGENIA. The processing of Personal Information by the third parties responsible for those websites is not covered by this Privacy Statement. You also acknowledge and accept that HYPERGENIA has no control over those websites and is not and will not be responsible for their content, for the services they provide, or for how they process your Personal Information, so you access those websites at your own risk.

Cookies and Other Technologies

You expressly acknowledge and accept that HYPERGENIA may use a behavior tracking system through “cookies” and/or other similar tracking technologies.

These technologies are used to learn the interests and behavior of those who visit or use our website and, in that way, give them better service or provide them with related information. We also use the information obtained through cookies to analyze the pages browsed by the visitor or user and the searches made, improve our commercial and promotional initiatives, show advertising or promotions, banners of interest and news about HYPERGENIA, refine our content and article offering, personalize that content, its presentation and services, and promote and enforce the rules and security of the site. We also use them so that users do not have to enter their password as often during a browsing session, and to count and verify sign-ups, user activity and other items for commercial agreements, always with the aim that the cookies benefit the user who receives them; they will not be used for purposes unrelated to HYPERGENIA.

We also store cookies to offer a more interactive experience on the site, based on the user’s actions.

Your personal data obtained through these technologies will not be transferred to third parties in any way other than those described in this Privacy Statement.

In addition, “cookies” or similar systems installed by third parties may be found on certain pages of our websites or used by advertisers unrelated to HYPERGENIA.

Please note that the installation, permanence and existence of cookies on your computer or device depends solely on your will, and they can be deleted whenever you wish. To learn how to remove cookies from your system, check your browser’s Help section.

Changes to the Privacy Statement

HYPERGENIA will periodically update the Privacy Statement to reflect the constant changes in the services we offer. These updates will transparently reflect how personal information is processed. We will notify you of these changes through our usual channels, such as email or messages through the apps. Where appropriate, we will obtain your consent.

The provisions of this annex apply exclusively to Colombian users and visitors domiciled in the Republic of Colombia. In case of conflict between the main text of the Privacy Statement and this annex, this annex will govern for Colombian users and visitors domiciled in the Republic of Colombia.

Who is responsible for processing Personal Information?

In the Republic of Colombia, the HYPERGENIA Services are provided by HYPERGENIA Colombia LTDA., with NIT (tax ID) 830067394-6 and domiciled at Carrera 17 No. 93-09, Piso 3, Bogotá D.C., Republic of Colombia, which is responsible for processing the personal data we collect from you.

Rights of access, rectification and deletion of Personal Information

The data protection law of the Republic of Colombia also grants data subjects the following rights: (i) to request proof of the authorization granted to the data controller, except where it is expressly exempted as a requirement for processing; (ii) to be informed by the data controller, upon request, about the use it has made of their personal data; and (iii) to file complaints with the Superintendence of Industry and Commerce for violations of Colombian data protection regulations.

Without prejudice to the provisions of the Privacy Policies, you may also make inquiries and/or exercise your rights of access, rectification and deletion of your Personal Information by mail to Carrera 17 No. 93-09, Piso 3, Bogotá D.C., Republic of Colombia. Attn.: HYPERGENIA Colombia LTDA.

HYPERGENIA will process any inquiry or claim regarding the Personal Information collected and processed through the means enabled for those purposes, following the procedure set out in articles 14 and 15 of Law 1581 of 2012.

Governing Law and Jurisdiction

The Privacy Policies will be governed by the laws of the Republic of Colombia. In the event of any dispute or disagreement regarding their interpretation, validity, execution or performance, you and HYPERGENIA agree to submit to the exclusive jurisdiction of the competent Courts of the City of Medellín, expressly waiving any other venue and/or jurisdiction that may apply. Proceedings will be conducted in Spanish.

The authority in charge of personal data protection in the Republic of Colombia is the Delegation for the Protection of Personal Data of the Superintendence of Industry and Commerce, and the data protection rules are Law 1581 of 2012, Decree 1377 of 2013 and other related regulations.