PRIVACY POLICY

Last update: December 12th, 2023

The Spanish version of our Privacy Policy ("Política de privacidad y tratamiento de datos") legally prevails as Geocody, by iTnnovation SAS, is a Colombian company. We offer an English translation only as a convenience.

iTnnovation S.A.S, (iTnnovation, Geocody or the Company), is a company respectful of the personal data provided by its current and potential Platform Users, employees, and possible interested parties in Geocody's services, and, therefore, has implemented this Privacy Policy (the "Policy") where we tell you which Data we process, why we process it, what are your rights as a User and the mechanisms you have to exercise them

The use of the Geocody Platform, the subscription to our Platform, whether free or paid, the subscription of an employment agreement, or the acceptance of the Terms of Use and the acceptance of the Policy implies that you accept that we treat your Data under this Policy.

How can you better understand this Policy?

1. Definitions.

"Authorization": is the prior, express, and informed consent you give us to process your Data as follows: (i) by clicking on "I accept" the Policy; (ii) by logging in or creating an account on the Platform and clicking on "accept" the Policy or (iii) by entering into any process with us or acting as a supplier, contractor, business partner or customer.

"Data": is any personal information that serves to identify you.

"Database": is the organized set of Data subject to Processing.

"Claim": is the request you make to exercise your rights related to your Data.

"Consultation": is the request that you, as a User, make to know the information we have about you in our Databases.

"Processing": any operation we perform on your Data, such as the collection, storage, Processing, analysis, use, circulation, transfer, transmission, updating, correction, or deletion of Data, among others. The Processing may be national or international.

"Sensitive Data": is the Data that affects your privacy or whose improper use may generate discrimination, for example, Data revealing racial or ethnic origin, political orientation, religious or philosophical convictions, union membership, as well as data relating to health, sex life, and biometric data, such as fingerprints, among others.

"User": is you, the person whose Data is subject to Processing.

"Purpose": is how Geocody will process your Data.

"Platform": refers to the Platform through which Geocody Services are provided.

"Services": means the application programming interface service through which its users can convert addresses to geographic coordinates and convert geographic coordinates to addresses, map tiles and any other service provided by Geocody.

"Terms of Use": refers to the terms of use of the Platform and the Services offered by Geocody, which can be found here.

2. Scope. This Policy applies to all Data held by Geocody, which collects and processes Data in the performance of the Services.

3. When do we collect your Data, and what do we collect?

Data Collection. Geocody collects Data in the following events:

• When the Users subscribe to the Platform.
• When the Users provide Data voluntarily, for example, when they voluntarily register to the Platform, create or modify an account within it.
• When you acquire any of our Services.
• When the Users use Geocody's Services.
• When the Users contact the Platform or any Geocody Team member.
• When the Users are interested in joining the Geocody team, send their resumé or undergo a selection process. 
• When the Users are going to celebrate an agreement with Geocody, for example, employment, service providers, or any other type.

Information Collected. Geocody may ask you for or collect the following information from you:

• Data we collect from all Users: first and last name; nationality; age; ID number; date and place of birth; address; postal code; phone number; email; network information to which the User connects his device; IP address; applications and functions through which the User makes use of the Platform; features and software of the device through which the User uses Geocody;  Data about the User's approximate location or current exact location;  if the User is an entity we will ask for the type of entity; the unique tax registration number (RUT); corporate name; and billing email.
• Data we collect for payment processing: credit or debit card number; card expiration date; CVV code; and billing address; financial and banking data such as number and type of bank account; financial institution in which the User has registered the respective account; to allow the User to make a payment through intermediaries or payment platforms, we may collect data relating to the transaction, such as the date of the transaction, the scheduled expiration date or an automatic renewal of a subscription (if applies), amounts paid or received, as well as any other information required to process payment for the Services (if applicable) through the payment methods offered by the Platform. This data is collected by the payment gateway, and is not stored in any of our servers.
• Image Data. By participating in any videoconference or event sponsored by Geocody, you accept and authorize that your name and images appear in the publications and other advertising media and, in general, in any material for promotional or commercial purposes that Geocody wishes to make during the term of 50 years, without implying the obligation to indemnify or compensate them. With the acceptance of this Policy, you waive any claim against Geocody for image rights.

4. Why do we collect your Data?

General Purpose. In general, Geocody will collect, store, organize, circulate, use, and otherwise process Data following the purposes set forth below:

• Purposes common to everyone: To provide the Services; to comply with the legal, accounting, commercial and regulatory duties that apply to Geocody; control and preserve the security of persons, property and information of Geocody; to verify the identity of the Users; to perform authentication processes of the registered accounts of the Users (if applies); to ensure the effectiveness and security of transactions and operations carried out on Geocody's Platform; detect unauthorized uses of the Platform in accordance with the Terms of Use; administer Geocody's website and operate the Platform; host the User's Data on Geocody's servers; when information must be disclosed to comply with laws, regulations or legal processes, to stop or prevent fraud, attacks on the security of Geocody or others, as well as to prevent technical problems or protect the rights of others; verify references of the Users in the Databases, among others; maintain direct communication with the Users to inform about the Services, communications about updates to the Platform, changes to the Terms of Use and this Policy, or when the User communicates directly with Geocody about complaints, requests or suggestions; to transmit, transfer and provide the information and the Data of the Users to the holding company or other companies of Geocody's business group, which are already constituted or that may come to be constituted, in order for them to store, consult or act as the reponsible for the Data; transmit, transfer and provide the information and Data of the Users to commercial allies or other national and/or international companies or persons that Geocody commissions to carry out the Processing of the information and comply with the purposes described in this Policy and the object of the commercial relationship with the Users, or for such third parties to assume the position of responsible parties; transmit, transfer and provide the information and Data of the Data Controllers to national or international third parties, in those cases in which Geocody has the interest to commercialize in any form the Data as an asset of a commercial nature; performing statistical, commercial, financial, social, administrative or technical analysis; sharing the information with governmental authorities or regulatory entities as required by applicable law or pursuant to an order from a governmental or judicial authority; contacting the User through the internet or phone calls, physical and telephone correspondence, text message, email or any other means of contact; perform marketing activities, such as market research, and perform acts of promotion of services, satisfaction surveys on the services provided, among other similar concepts by any contact means; make invitations to events; Data may be used, among others, as evidence in any type of process.

 

• Purposes for which we treat the Data of our Users: in addition to the purposes outlined in "Purposes common to everyone," to operate the Platform and the Services it offers through different types of apps; to invoice the Services to the Users; to comply with the value proposition and the level of service offered to Users; to contact the User through Whatsapp, email or any other means of contact for any requirement or communication that needs to be sent in the framework of the provision of the Services; to execute actions of profiling, analytics, the definition of patterns, network effects, with or without the use of artificial intelligence tools, among others methods of data processing to improve the Services; to define consumption profiles of the Users' Content; to optimize the functionalities of the Platform; to inform about the scope and characteristics of Geocody's Services, new and existing solutions.

5. What happens if we use your Data for another Purpose?

Geocody will request your Authorization for new uses of your Data, for which we will publish the changes in our Privacy Policy on our Platform or in any medium we deem appropriate, and we will notify you about the change. If you disagree with the new Purposes, you may revoke the Authorization, and we will delete your Data if we do not have any legal duty to keep it.

6. What happens if you do not allow us to collect certain information?

If Users refrain from providing certain information, you understand and agree that: (i) Geocody will not be able to proceed with creating the User's account within the Platform; (ii) Users will not be able to access the Services properly; or (iii) certain functions within the Platform may be limited, at Geocody's discretion.

7. What are "Cookies," and what do we use them for?

Cookies. A cookie is a harmless file downloaded to your device when you access certain web pages or applications. Cookies allow us, among other things, to store and retrieve information about a user's browsing habits and trends on a user's device. Geocody uses its own third-party cookies.

Cookies store information. Cookies store information of a technical nature, such as, for example, personal preferences, personalization of content, the information you have previously filled out on a form to avoid having to fill it out again, and your interactions with our Platform, among other information that allows us to remember you.

Purposes for which we use the information collected through cookies. Geocody uses cookies to provide a high value-added service by saving your preferences, the way, time, and how you use our Platform. We also use them to personalize your browsing experience, generate metrics and analytics about visitors to our Platform, and gather information that allows us to improve Content and services. You may refuse to use cookies by using the appropriate settings on your device; however, please be aware that if you do so, we will not track any information about you when you visit or use our Platform, and our Platform may not function properly. If you turn off the cookies, we will only use Cookies on your device to remember your preference not to use cookies.

8. What do you declare when you click "I authorize processing my Data" according to Geocody's Privacy Policy?

Manifestations of the Users. At the time of voluntarily providing your Data or granting the written Authorization or clicking on "I authorize the processing of my Data," you manifest that:

• You voluntarily provide us with your Data, and you expressly and unequivocally authorize us to collect your Data and any other information you provide and to perform any other Processing on your Data, following the provisions of this Policy.
• Geocody informed you, and you understand that Sensitive Data affect the User's privacy or that improper use may generate discrimination; likewise, that Sensitive Data is identified as those of racial or ethnic origin, political orientation, religious or philosophical convictions, union membership, social organizations, data related to health status, sex life, and biometric data.
• You were informed that, in case of collection of Sensitive Data, you have the right not to provide the requested Data or Authorization.
• You were informed about the purposes for which your Data and Sensitive Data collected will be used, as described in this Policy.
• You were informed and understand the security measures that Geocody implements to protect the Data it collects; therefore, you accept them.
• You were informed about your rights concerning your Data and the mechanisms to exercise them.
• If you are a User, you were informed that Geocody needs to be in permanent contact with you, and your right to update your Data will be subject to us verifying that you have access to the new contact information you are providing.

9. For how long will we process your Data?

We will process your Data from the time you authorize us and for as long as necessary to provide the Services, comply with legal obligations, promote safety, integrity, and security, and operate the Platform.

Archiving of your Data: The Data will be archived in the Databases as historical information of the Data owners.

10. How do we take care of your Data?

Security measures for the protection of Data and other information. Geocody's security measures seek to protect the User's Data to prevent its adulteration, loss, use, and unauthorized access. Geocody diligently implements human, administrative, and technical protection measures that are reasonably within reach, such as sharing information in encrypted form and having adequate computer protection. Through this Policy, you accept these forms of protection and declare that you consider them appropriate and sufficient to protect your Data.

The Data of Geocody's Users will be stored in a Database on third-party servers that may be located in the United States or France.

Policy for the deletion and suppression of Data. Once the Purpose of the Processing of your Data has been fulfilled or when the User requests it directly to Geocody, and provided that no contractual or legal duty or obligation prevents it, Geocody will proceed to the deletion or elimination of your Data, according to the following parameters:

• Geocody will suppress or delete the User Data if : (i) the User freely and voluntarily requests it; (ii) When the authorization term is fulfilled according to this Policy.; or (iii) if we consider that it is no longer necessary for the purposes outlined in this Policy. For the preceding, you must request deletion of your Data through the email info@geocody.com or enter the privacy settings of your account to make the corresponding request.
• Geocody will annually evaluate the information it has about the Users, and according to its characteristics and status, it will choose those Data that it considers at its discretion that should be deleted or eliminated. For this, it will consider if there are rights of the User that prevent the deletion of Data or if there are judicial, legal, or contractual duties that prevent the deletion.
• Geocody will previously inform the Users of the decision and the basis for the deletion of their Data who, through the enabled channels, may exercise their right to file Queries, Petitions, or Claims regarding such decision within fifteen (15) business days following the notification. Queries, Petitions, or Claims shall follow the procedures outlined in this Policy. If there is no Claim or request regarding the decision, it will be deleted.
• Geocody will keep a record of the processes of deletion and elimination of the User's Data for traceability of the procedure.

Confidentiality. Geocody will take the measures it deems appropriate in terms of confidentiality, such as the following:

• Refrain from partially or fully disclosing the confidential information received to any natural or legal person, governmental or private entities, which has not been previously authorized.
• Refrain from using, exploiting, employing, publishing, or disclosing confidential information in a manner different from that authorized in the Policy.
• Instruct all those with access to confidential information on handling, using, and managing security measures and others so that such information remains appropriately managed and protected.
• Confidential information will be used to observe the principles of ethics and good practices in Data protection.

Policies of Truthfulness and quality of information. Geocody will take the necessary measures to ensure that the information in its Databases is true, complete, accurate, current, verifiable, and understandable. For this reason, Geocody requests the Users the necessary and integral information for the respective Processing. Likewise, it will request the necessary support so that the information in its Databases is verifiable and accurate. For the above purposes, Geocody will implement the following measures:

• Geocody will take all measures so that the information is complete, accurate, updated, verifiable, and understandable in collecting information from the Users. In this sense, it will implement due diligence measures in data collection.
• Will refrain from processing the User's Data with partial, incomplete, fractioned, or confusing information.
• Will verify the identity of the Users and the information provided to it, requesting the necessary accreditation documents in each particular case, and may request, among others, identification documents and certifications from private or public entities.

11. What can you do with your Data as a User?

Rights of the Users. You have the right to know, update, rectify your information, and revoke the Authorization for Processing your Data. Here, we tell you in detail what your rights are:

• Information, access, and rectification: Access free of charge to your Data that have been subject to Processing, correct or modify them through the modification or edition of the privacy settings of the Users' account; be informed about the use that has been given to your Data; obtain more information about the Data that have been collected or deduced about the Users.

To protect the Users' privacy and preserve their security, Geocody may verify the User's identity before granting access to the relevant Data or fulfilling a request for correction and deletion.

• Deleting or limiting the Processing of Data: revoke the Authorization or request the deletion, either partial or total, of your Data; use your account settings to manage your information and privacy. The request to delete information and revoke the Authorization will not proceed when you have a legal or contractual duty to remain in Geocody's Database.

Procedure to exercise your rights. If you wish to exercise your rights, please email info@geocody.com, which Geocody's data protection area will attend. Such email must be addressed to Geocody and must specify: (i) name and identification of the User or the person entitled; (ii) precise and complete description of the facts that give rise to the Claim; (iii) the specific Claim; (iv) physical or electronic address to send the response; and (v) documents and other relevant evidence that you want to assert.

The procedure we will follow for such communication will be as follows:

• When the User wishes to consult the information held in the Database, Geocody will respond to the request within a maximum of fourteen (14) business days.
• When the Users consider that the information contained in the Databases should be corrected, updated, or deleted, or when they believe that Geocody is failing to comply with its duties, they may file a claim with Geocody, which will be processed under the following rules:
  • The Claim must be addressed to Geocody with the following information: (i) identification of the User, (ii) the description of the facts that give rise to the Claim, (iii) the address, (iv) attached the documents that they wish to assert. If the Claim still needs to be completed, Geocody may ask the User to complete it within ten (10) days after receipt. After two (2) months from the date of the request, if the User does not submit the required information, we will understand that the User has withdrawn the Claim.
  • If Geocody is not competent to resolve the Claim, we will share it with the appropriate person within a maximum period of fifteen (15) business days and inform the User of the situation.
  • Geocody will respond to the Claim within fourteen (14) business days from the reception day. When we cannot address the Claim within this term, we will inform the User of the reasons for the delay and the date on which the Claim will be addressed. The withdrawal or deletion of Data will not proceed when there is a contractual duty to remain in Geocody's Database.

 

12. What are Geocody's duties regarding Processing your Data?

Geocody's duties about the Processing of the Data. Geocody must act in such a way that it complies with the following duties:

• Guarantee, at all times, the whole and effective exercise of your rights mentioned in this Policy.
• Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use, or unauthorized or fraudulent access.
• Update the information when necessary.
• Rectify your Data when appropriate.
• Treat Data that is classified as sensitive with due diligence and protection.

13. How do we respond to legal requests and comply with applicable law?

Notwithstanding Geocody's duties under this Policy, Geocody will access, preserve, and share your information:

• • In response to lawful requests, such as court orders, subpoenas, or summonses from government authorities.
  • If a law says we must keep your information for any reason.
  • To promote the safety and security of the Platform, Users, and the public. 

14. What other information do you need to know?

Contact us. Any questions or additional information will be received and processed by email at info@geocody.com.

Changes in the Policy. We will inform you of any substantial change in the Policy on time by publishing a new version on our Platform and request your Authorization through the same means.