Privacy and personal data
1.1. Purpose of Personal Data Processing
Darwin IA, in its commitment to privacy and protection of personal data, informs that personal data collected or received during interaction with our services, includes, but is not limited to, name, surname, contact information, and purchase preferences and can be stored in both structured and unstructured ways in conversation records and other digital formats. The collection and processing of these data has as main purposes: - To provide and improve the services offered to Your Business and/or to Your Business Customers.. Facilitate the management of commercial and support relationships for Your Business and/or Your Business Customers.- Perform analyses and improvements in the functionality and security of our services.- Comply with applicable legal obligations. To achieve these purposes, Darwin AI may share certain personal data with third-party service providers, who act under strict confidentiality agreements and following our explicit instructions. These providers include, but are not limited to, hosting services, database management and data analysis tools, who play a crucial role in supporting and improving our operations. Darwin IA ensures that all data transfers are carried out in compliance with applicable data protection laws and with appropriate safeguards, ensuring the security and confidentiality of the personal data of our users and third parties.
1.2 Your Business Employee Data.
By accepting the proposal, you are authorizing us to save your personal contact data and the data of the Employees of Your Business that you provide us, within our databases, for the purposes of marketing, sales and customer service of our services. Your business is responsible for having previously requested your consent for this transfer and treatment.
1.3. Customer Data for Your Business.
In the case of personal data of Your Business Customers, Your Business is responsible for requiring the express consent of Your Business Customers for the processing and transfer of their data prior to their interaction with our service and/or for including in the context a flow that requires their express consent for collection, processing and transfer.
1.4. Rights of Interested Parties
At Darwin AI, we respect privacy and rights in relation to personal data. Anyone has the right to access, rectify, delete their data (right to be forgotten), limit the processing of their data, port their data to another service, and object to the processing of their data. If you wish to exercise any of these rights, you can send us an email to DPO@getdarwin.ai, and we will ensure that we fulfill your request in accordance with applicable law.
1.5. Data Protection Officer (DPO)
We have appointed a Data Protection Officer (DPO) to ensure that we always handle personal data in a transparent, fair and secure manner, in accordance with data protection laws. If you have any questions about how we handle your personal data or about our privacy practices, you can contact our DPO, Ezequiel Sculli, directly at DPO@getdarwin.ai.
1.6. Legal Basis for Data Processing
The processing of your personal data is based on the need to comply with our contractual obligations to you, our legitimate interest in effectively providing and improving our services, and compliance with applicable legal obligations. Your Business is responsible for obtaining the explicit consent of data subjects for the processing and transfer of their personal data before interacting with our service and/or including in the context a flow that requires your explicit consent for the collection, processing and transfer of their data.
1.7. Use of Automated Decisions and Profiling.
At Darwin AI, we use automated decisions and profiling in order to qualify leads, segment customers, and profile to refer human agents who comply with the rules established by Your Business. This process helps ensure that care and resources are allocated efficiently and effectively. Your Business, upon obtaining consent, must clarify the criteria used for these activities, which must be consistent with the context established by the flow of interaction. This ensures transparency and relevance in the processing of personal data.
1.8. Updating and Revising Our Privacy Policy
We are committed to regularly reviewing and updating our privacy policy to reflect changes in our data processing practices or relevant legislation. We encourage you to review our privacy policy periodically to be informed about how we protect the information and rights of personal data holders.
2. Not exclusivity.
This concluded contract does not imply any type of exclusivity for either party.
3. Availability and damage.
3.1. In the event of serious or repeated inconveniences, Your Business may terminate the contract without any penalty.
3.2. Your business recognizes that Darwin AI software may suffer missteps and remain inaccessible, due to maintenance operations, electronic problems or other events that are not under Darwin AI's control.
3.3. Darwin AI is not responsible for any consequence, damage or harm related to the use of the Darwin AI Solution that resulted from erroneous or insufficient context provided by Your Business or insufficient testing provided by Your Business or for use cases that have not been tested by Your Business, or that, having been tested and obtaining an unwanted response, Dawin AI would not have been required to correct the context.
3.4. Darwin AI may at any time, informing Your Business via e-mail, temporarily suspend access to the Darwin AI Solution at its sole discretion for security or maintenance reasons.
4. Independence of the parties
4.1. The parties declare, for all intents and purposes, that they are independent and autonomous entities, so that this instrument does not create any type of link between both parties, whether mandate, representation, association, formation of an economic group or others.
4.2. Each party will be solely and exclusively responsible for the payment of their tax, social security, and labor obligations.
4.3. Each party will be solely and exclusively responsible for their respective employees, collaborators and third parties hired by them.
5. Notifications and communications
Any sending of judicial or extrajudicial notifications, information, communications or documentation must be made exclusively by E-MAIL, sent from and directed to the boxes reported by each party in the registration form and in these terms and conditions, which must always be originated and received on servers such as “gmail.com”, google apps, “yahoo.com” or “yahoo.com.ar”, or any other service provided by third parties that does not allow the parties to modify the emails sent and received, even when you use your own domain. The existence of the message sent and/or received in the box of any of the parties that meets the above conditions will be sufficient proof of its sending or receipt by the contrary. All of this is in accordance with the criteria of the UNCITRAL Model Law on Electronic Commerce, each of them being personally responsible for the proper functioning of their server, antivirus, anti-spam and for having enough space to receive such notifications.
