PRIVACY NOTICE - BAYTEQ

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At BAYTEQ CIA. LTDA. is committed to ensuring that your personal information is protected and is not misused. By providing us with your personal information and using our website, we understand that you have read and understood the terms related to the personal data protection information set out below:

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1. Responsible for the Treatment

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The purpose of this Personal Data Privacy Notice (hereinafter, the “Privacy Notice”), is to inform how BAYTEQ CIA.LTDA., with Single Taxpayer Registry No. 1791754689001, with address at October 12, No. 26-48 and Abraham Lincoln, Edificio Mirage Piso 11, Quito-Ecuador, with telephone number +593-) 2 382 7300, in its capacity as Data Controller, processes the personal data it collects through the website www.bayteq, com.

For these purposes, we will refer to the “Owner”, as the person whose data will be collected and treated in accordance with the terms established in the Privacy Notice. Only personal data for which due consent has been obtained are processed, unless the exceptions established in the Organic Law for the Protection of Personal Data (the “Law”) apply.

The processing of personal data derived from this Privacy Notice is legitimate and lawful by virtue of obtaining the consent of the Data Controller and its origin comes directly from the Data Controller.

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2. Legal Basis

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This Privacy Notice is governed by Ecuadorian legislation and, in particular, by the Organic Law on the Protection of Personal Data published in the Official Register Supplement 459 of May 26, 2021, its Regulations and other applicable secondary regulations.

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3. Storage period

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In the event that the contractual relationship with the Data Controllers ends, BAYTEQ will keep their personal data for a period of 3 years to allow the Data Controller to defend themselves in the event of an administrative or judicial claim by him or against him in relation to the provision of the services it offers.

In any case, personal data will be processed to the extent that they are necessary to fulfill the purposes for which they were collected, or to comply with any legal requirement, so the period could be extended.

In the event that the authority establishes specific deadlines, BAYTEQ undertakes to process personal data up to the maximum period established by the authority.

BAYTEQ undertakes that, in the event that the processing of the personal data of the Data Subjects is not required for a period of 3 years, it will anonymize such data, and will take appropriate security measures.

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4. Personal databases

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The personal data provided will be stored in the personal database called “BUSINESS AND SERVICE CONTACT”, to be registered in the National Registry for the Protection of Personal Data when this responsibility is established by the Control Authority.

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5. Purpose of the treatment

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BAYTEQ may collect personal data of a personal nature, such as names, surnames, telephone numbers, email, identity card, date of birth, among others.

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These personal data provided by the Owner are necessary for the following:

• Offer, subscribe, renew and modify software development products and services, staff augmentation and specialized support;
• Provide information for other purposes related to customer service;
• Participation in different types of surveys through registrations or offline/online forms;
• Provide information about online services or required notifications;
• Send marketing communications or promotional materials that may be of interest to customers;
• Improve the services provided and the usefulness of online services;
• To carry out due diligence procedures, if applicable, including the Policy called “Know Your Customer”, in order to comply with the Law on the Prevention of Money Laundering and the Financing of Crimes, or any international law or instrument to prevent or prosecute conduct derived from unlawful acts;
• Respond to queries, requests, complaints and claims that are made by the Data Controllers and control bodies and transmit Personal Data to other authorities that, by virtue of applicable law, must receive Personal Data;
• Contact customers, if necessary;
• Communicate personal data to the competent authorities, when they have the competence to request them;
• Process financial information, in order to proceed with the collection of securities for services purchased by customers from BAY-TEQ;
• Process the data generated by browsing and using the BAYTEQ website, according to the Cookie Policy https://www.bayteq.com/politica-de-cookies/
• Manage the data entered by customers in the forms found on the BAYTEQ platform or that have been obtained through physical forms in order to sign service contracts;
• Communicate customer data to third parties when necessary to comply with a legal obligation or manage the contractual relationship;
• Manage data for electronic billing of BAY-TEQ services and;
• In general, in order to have open communication with the customer, for which BAYTEQ uses several communication platforms, such as: WhatsApp and telephone calls.

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This, always taking into account the security measures, principles and limitations for this purpose, established in the Act.

Additionally, with the valid consent of the Owner, BAYTEQ may contact you by means of [telephone calls, SMS, emails or other equivalent means], to send you advertising, promotions, discount opportunities, various types of surveys and general information, services or software products. In the event that you do not accept the additional processing of your personal data, this will not affect access and use of the WEBSITE.

If the Owner does not provide this data, or provides erroneous or inaccurate data, BAYTEQ will not be able to perform the purpose described above.

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6. Transfer and recipients

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The personal data of the Owners may be communicated to companies of interest or related to them in order to carry out data analysis to improve the quality of the services offered, for which purpose the respective binding corporate regulations will be submitted to the authority, in accordance with the provisions of the LOPDP.

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7. Safety measures

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BAYTEQ uses security measures to protect personal data. In addition, BAYTEQ requires its employees who process personal data to do so in a confidential and complete manner and with the greatest respect for individual privacy.

BAYTEQ ensures that it only processes personal data that is adequate, relevant and limited to what is necessary in relation to the specific purposes for which it is collected.

BAYTEQ applies appropriate measures to ensure confidentiality, integrity and availability.

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8. Communications and further processing

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BAYTEQ may process personal data in order to analyze them and promote new products, offer value propositions that are focused on customer needs, improve BAYTEQ's service, and offer complementary products (cross-selling).

Notice

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9. Use of cookies on the Website

The Website uses cookies whose use is subject to the BAYTEQ Cookie Policy, which can be revised through the following link: https://www.bayteq.com/politica-de-cookies/

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10. Exercise of rights

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To exercise any of the rights set out here or to complain about the processing of personal data, the Data Controllers must call (+593) 2 382 7300, or write to the following email address: datos_personales@bayteq.com

You may also contact the Personal Data Protection Officer (DPO), whose contact is in the corresponding section of this Privacy Notice.

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In addition, if you prefer, you can contact the Ecuadorian Personal Data Protection Authority directly.

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11. Personal data portability

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The Data Controllers have the right to receive their personal data from the Data Controller in a compatible, updated, structured, common, interoperable and machine-readable format, preserving their characteristics; or to transmit them to other managers.

The Data Controllers may request BAYTEQ to transfer or communicate personal data to another data controller as soon as technically possible and without the Data Controller being able to prevent any order in order to slow down the access, transmission or reuse of data by the owner or other data controller. After the data transfer has been completed, the Data Controller will proceed to delete the personal data of the Data Controllers, unless they provide for their conservation. The person responsible who has received the information will assume the responsibilities contemplated in the LOPDP.

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12. Revocation of consent

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The Owner may revoke the authorization and consent granted to BAYTEQ for the processing of their personal data, by submitting a written request sent to the email mentioned above.

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13. Amendments to the Privacy Notice

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BAYTEQ expressly reserves the right to modify, update or complete this Privacy Notice at any time. Any modification, update or extension made to this notice will be immediately communicated through the Website.

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14. Personal Data Protection Officer (DPO)

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BAYTEQ has appointed a person responsible for compliance with the adopted Personal Data Protection and Information Privacy Policy:

● Address: 12 de Octubre N26-48 and Abraham Lincoln Mirage Building 11th Floor, Quito-Ecuador.

● Telephone: (+593) 2 382 7300

● Email: datos_personales@bayteq.com

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15. Applicable Legislation and Dispute Resolution

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The terms of the Privacy Notice are governed and interpreted in accordance with the laws in force in the Republic of Ecuador, subject to the competence and jurisdiction of the Judges of Quito, Ecuador and the National Authority for the Protection of Personal Data.

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