PRIVACY POLICY

In principle, we will only use your Personal Data in accordance with applicable data protection laws, in particular Peru's Law No. 29733, Law on Personal Data Protection (“LPDP”) and the EU's General Data Protection Regulation (“GDPR”), and only as described herein.

Personal Data is any information relating to personal or material circumstances that relates to an individual. This may include a name, date of birth, e-mail address, postal address, or telephone number but also online identifiers such as IP addresses or device ID`s.

"Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

The responsible party for data processing is david-recommends.com, David Flores, of Godofredo Garcia 576, Los Olivos, Lima 15117, Peru, (“we”, “us” or “our”). If you have any questions or if you wish to exercise your rights, please contact us using david@david-recommends.com.

We only process your Personal Data, if at least one of the following reasons applies:

● for the fulfillment of contractual obligations

● within the framework of our legitimate interests

● based on your consent

Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user's device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing. The basis for processing is our legitimate interest.

We use a Content Delivery Network (CDN) to distribute our online content. A CDN is a network of regionally distributed servers of our technical service providers connected via the Internet. When our website is visited, your device`s browser transmits information to these service providers, which is collected in corresponding server log files. Server log files are generally anonymized and then transmitted without any personal reference. Server log files include, in particular, i) details of the browser and operating system used, ii) the previously visited pages (so-called referral URL), iii) the IP address of the device used, iv) the name of the Internet provider, as well as v) the date, time of all page views including the amount of data transmitted. The legal basis for processing is our legitimate interest.

The hosting services used for the purpose of operating our website is Clickfunnels (Etison LLC). In doing so Etison processes all data and communication data of our website users, and visitors that is provided through the website. Etison may use this data to optimize or improve its own services, e.g., for the technical optimization of the dispatch and the presentation of the contents or for economic purposes in order to determine from which countries the recipients come. We use Etison, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services and the conclusion of the contract for our services.

We use so-called cookies with our website. Cookies are small text files or other storage technologies that are placed and stored on your device by the Internet browser you use. Cookies are used to process certain information about you on an individual basis, such as your browser or location data or your IP address. This processing makes our website more user-friendly, effective, and secure. The basis for the use of cookies is our legitimate interest and your consent. If you wish to learn more about cookies in general and how they work, please visit www.allaboutcookies.org. If you want to learn more about the cookies we use, please read our Cookie Policy.

In addition to your name, e-mail address, IP address or phone number, if provided, we usually collect the context of your message which may also include certain Personal Data. The Personal Data collected when contacting us is to handle your request and the bases are both your consent and contract.

We process data within the scope of administrative tasks as well as organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services.

If you have consented to receive our newsletter, we will use your email address and, if applicable, your name to send you information about promotions, services, and news, as well as for customer satisfaction surveys. You can revoke your consent to receive the newsletter or to the creation of personalized user profiles at any time with effect for the future. You will find the unsubscribe link at the end of each newsletter. Our newsletters are sent by AWeber on our behalf.

Insofar as you have given us your separate consent to process your data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.

Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out.

We also participate in Affiliate Programs. Affiliate programs are designed to provide a means for website owners to earn advertising fees by advertising and linking. As such our website may contain affiliate marketing links, which means we may get paid commission on sales. You will never be charged a fee through one of our affiliate links, however you may get a discounted rate of the relevant affiliate's services and we will make a small commission. Our editorial content is not influenced by advertisers or affiliate partnerships.

For business reasons and in order to be able to recognize market trends, wishes of contractual partners and users, we analyze the data we have on business transactions, contracts, inquiries, etc., whereby the group of persons concerned may include contractual partners, interested parties, customers, visitors, and users of our shop.

The analyses are carried out for the purpose of business evaluations, marketing, and market research (e.g., to determine customer groups with different characteristics). The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarized, i.e., anonymized values. Furthermore, we take the privacy of users into consideration and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g., as summarized data).

We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest.

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture).

Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account.

Please take care not to transmit or share sensitive data or confidential information (e.g., application documents, bank or payment data) via social media platforms; we recommend that you use a more secure means of transmission (e.g. e-mail).

Social media platforms also provides us with anonymous usage statistics (so-called analytics services or page insights data) based on the actions and interactions of our followers (e.g. likes, shares, comments, etc.), number of followers, views of individual page areas, reach of a post as well as statistics on followers according to age, language, origin or interests), which help us to get in touch with our followers and interested parties, to understand the use and reach of our posts, to evaluate content and to recognise usage preferences as well as to be able to design our social media page to be as target group-oriented as possible.

We have no influence or access to the compilation and processing of these usage statistics and the underlying data; it is carried out under the sole responsibility of the relevant social media platform and without us being able to view Personal Data of individual followers or users. This data processing is based on our legitimate interests.

We also use these anonymous usage statistics to display targeted interest-based advertisements. The display of interest-based advertisements or the highlighting of posts on social media is carried out on the basis of an analysis of the user's prior usage behavior by the relevant social media platform without us being able to view Personal Data of individual users or merge it with any Personal Data we may process or obtain knowledge of the identity of the users to whom interest-based advertisements are displayed. This data processing is based on our legitimate interests. If you do not wish to participate in our advertising personalization or retargeting/tracking you can object to behavioral advertising at the following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative, AdChoices and the European Interactive Digital Advertising Alliance (Europe only).

The relevant social media platform is solely responsible for the processing of Personal Data on the social media platform itself. As a rule, the relevant social media platform processes your Personal Data when you visit our profile, irrespective of whether you have a user account or are logged in, and generally also uses cookies and other storage and (in some cases cross-device) tracking technologies. Further information on the processing of your Personal Data by the relevant social media platform.

Within david-recommends.com, those that need your data to fulfill our contractual and legal obligations will receive access to it. We ensure that access by our employees to your data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and data protection safeguards strictly.

Outside of david-recommends.com, only if this is i) necessary for the performance of our services, ii) you have consented to the disclosure, iii) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.

As far as necessary, we process and store your Personal Data for the duration of our business relationship, which also includes, for example, the initiation and execution of a contract.

In addition, we are subject to various storage and documentation obligations, which result from the minimum statutory retention periods. The retention and documentation periods specified there are 4 to 10 years.

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of content or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

We may transfer your Personal Data to other companies and/or business partners as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

Unless specifically required when using our services and explicit consent is obtained for that service, we do not process sensitive data.

Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.

We do not sell your Personal Data.

Under the LPDP and GDPR, you can exercise the following rights:

● Right to information

● Right to rectification

● Right to deletion

● Right to data portability

● Right of objection

● Right to withdraw consent

● Right to complain to a supervisory authority

● Right not to be subject to a decision based solely on automated processing.

If you have any questions about the nature of the Personal Data we hold about you, or if you wish to exercise any of your rights, please contact us.

If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.

You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

We may update this policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us using david@david-recommends.com.

Monday, 10th of July, 2023