Privacy and Personal Data

1.1. Purpose of Personal Data Processing
Darwin IA, in its commitment to privacy and personal data protection, informs that the personal data collected or received during interaction with our services include, but are not limited to, name, surname, contact information, and purchase preferences, and may be stored in both structured and unstructured formats in conversation records and other digital formats.

The collection and processing of these data have the following main purposes:

- Provide and improve the services offered to Your Business and/or Your Business's Customers.
- Facilitate the management of business and support relationships with Your Business and/or Your Business's Customers.- Conduct analyses and improvements in the functionality and security of our services.
- Comply with applicable legal obligations.
To achieve these purposes, Darwin IA may share certain personal data with third-party service providers who operate under strict confidentiality agreements and follow our explicit instructions. These providers include, but are not limited to, hosting services, database management, and data analysis tools (analytics), which play a crucial role in supporting and improving our operations.Darwin IA ensures that all data transfers are carried out respecting applicable data protection laws and with appropriate safeguards, guaranteeing the security and confidentiality of our users' personal data and third parties.

1.2. Data of Your Business's Employees
By accepting the proposal, you authorize us to store your contact personal data and the data of Your Business's Employees that you provide within our databases for the purposes of marketing, sales, and customer service of our services. Your Business is responsible for having previously obtained their consent for this transfer and processing.

1.3. Data of Your Business's CustomersIn the case of personal data of Your Business's Customers, Your Business is responsible for obtaining the express consent of Your Business's Customers for the processing and transfer of their data before interaction with our service and/or including in the context a flow that requires their express consent for collection, processing, and transfer.

1.4. Rights of Data Subjects
At Darwin IA, we respect privacy and rights related to personal data. Any person 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 at DPO@getdarwin.ai and we will ensure that your request is addressed in accordance with applicable legislation.

1.5. Data Protection Officer (DPO)We have appointed a Data Protection Officer (DPO) to ensure that we always handle personal data transparently, fairly, and securely 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 necessity to fulfill our contractual obligations to you, our legitimate interest in providing and improving our services effectively, and compliance with applicable legal obligations. Your Business is responsible for obtaining the explicit consent of the 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, pro...

1.7. Use of Automated Decisions and Profiling
At Darwin IA, we use automated decisions and profiling to qualify leads, segment customers, and profile them to refer to human agents who meet the rules established by Your Business. This process helps ensure that attention 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 interaction flow. This ensures transparency and relevance in the processing ...

1.8. Updating and Reviewing 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 stay informed about how we protect the information and rights of data subjects.

2. Non-exclusivity
The present contract concluded does not imply any type of exclusivity for either party.

3. Availability and damages

3.1. In the event of serious or repeated inconveniences, Your Business may terminate the contract without any penalty.

3.2. Your Business acknowledges that the Darwin AI software may experience setbacks and remain inaccessible due to maintenance operations, electronic issues, or other events beyond Darwin AI's control.

3.3. Darwin AI is not responsible for any consequences, damages, or harm related to the use of the Darwin AI Solution that result from erroneous or insufficient context provided by Your Business or insufficient testing provided by Your Business or use cases that have not been tested by Your Business or that, having been tested and obtaining an undesired response, have not required Darwin AI to correct the context.

3.4. Darwin AI may, at any time, informing Your Business via email, temporarily suspend access to the Darwin AI Solution for security or maintenance reasons, at its sole discretion.

4. Independence of the parties4.1. The parties declare for all purposes that they are independent and autonomous entities, so this instrument does not create any form of bond between the 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 its tax, social security, and labor obligations.

4.3. Each party will be solely and exclusively responsible for its respective employees, collaborators, and third parties contracted by them.

5. Notifications and communicationsAll sending of judicial or extrajudicial notifications, information, communications, or documentation must be carried out exclusively via EMAIL sent from and addressed to the email addresses 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 sent and received emails...