Privacy Policies
Privacy Policies
PERSONAL DATA PROTECTION AND PRIVACY POLICY
PURPOSE OF THIS POLICY
The purpose of this policy is to explain how Machupicchu Birding collects, protects, uses, and processes the personal information of clients, travelers, suppliers, tourism operators, travel agencies, guides, and collaborators through our physical and digital channels, for clearly communicated and legitimate purposes.
GENERAL INFORMATION
Machupicchu Birding is a specialized birdwatching and nature tour operator based in Cusco, Peru. We provide birding tours, nature experiences, wildlife excursions, photography trips, and tailor-made travel programs throughout Cusco and Peru.
In carrying out our activities, we may collect and process personal information such as names, identification details, telephone numbers, email addresses, country of residence, travel preferences, and other information necessary to organize and provide our services through physical or digital channels.
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Machupicchu Birding, in accordance with Peruvian Law No. 29733 – Personal Data Protection Law – and its Regulation No. 003-2013-JUS, as well as the General Data Protection Regulation (GDPR) (EU) 2016/679, is committed to protecting personal data and implementing appropriate information security measures based on internationally recognized best practices, ensuring the confidentiality, integrity, and availability of the personal information provided.
DEFINITIONS
Data Controller: The individual or legal entity that determines the purposes and means of processing personal data. Machupicchu Birding is responsible for the personal data collected through its different channels and provided by its users, clients, suppliers, and partners.
Personal Data: Any information relating to an identified or identifiable individual, such as name, identification or passport number, contact details, location data, or other physical, physiological, genetic, psychological, economic, cultural, or social information.
Processing: Any operation performed on personal data, whether automated or not, including collection, recording, organization, modification, consultation, use, disclosure, access, comparison, combination, restriction, deletion, or destruction.
Right of Access: Users have the right to know what personal data Machupicchu Birding processes and to request a copy of their information.
Right to Rectification: Users have the right to update, correct, or rectify their personal data.
Right to Object: Users may object to the processing of their personal data where permitted by applicable law.
Right to Erasure: Users may request the deletion of their personal data where legally applicable.
Right to Restriction of Processing: Users may request that the processing of their personal data be restricted under circumstances established by applicable legislation.
Right to Data Portability: Where applicable, users may request their personal data in a structured, commonly used, and machine-readable format and transmit it to another data controller.
Right Not to Be Subject to Automated Decisions: Users have the right not to be subject to decisions based solely on automated processing, including profiling, where such decisions produce legal or similarly significant effects.
CONSENT AND LAWFUL BASIS FOR PROCESSING
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PERSONAL DATA PROCESSING
Machupicchu Birding processes users’ personal data:
When users expressly consent to the processing of their personal data for the purposes described in this policy; and/or
When processing is necessary to provide the tourism services or products agreed upon in a contract to which the user is a party.
PERSONAL DATA PROCESSED AND SCOPE
This policy applies to personal data provided voluntarily by clients, travelers, suppliers, tourism operators, travel agencies, guides, and employees.
The information collected may include basic details provided through registration forms, contact forms, or similar channels, such as name, identification or passport number, gender, age, telephone number, email address, country of residence, and other information necessary to provide our tourism services.
Users may request information about which data is essential for providing a service and which information is optional before submitting their personal data.
Users are responsible for ensuring that the information they provide is accurate and up to date. Our services are intended for individuals aged 18 or older or those with sufficient legal capacity. Users are also responsible for any personal data they provide on behalf of third parties and must ensure that those individuals have been informed of this Privacy Policy and have provided the required consent.
GOVERNING PRINCIPLES
Machupicchu Birding follows the following principles when processing personal data:
Lawfulness: Personal data must be processed in accordance with Peruvian Law No. 29733 and applicable regulations. Personal data may not be obtained through fraudulent, unlawful, or illegal means.
Consent: Personal data processing is lawful when the data subject has provided free, prior, informed, express, and unequivocal consent, where consent is required by law.
Purpose Limitation: Personal data is collected and processed only for clearly defined, legitimate, and specific purposes.
Data Quality: Personal data must be accurate, relevant, adequate, necessary, and kept up to date whenever reasonably possible. Data should only be retained for as long as necessary for the purposes for which it was collected.
Proportionality: The processing of personal data must be appropriate, relevant, and not excessive in relation to the purposes for which the information was collected.
Security: Machupicchu Birding adopts appropriate technical, organizational, and legal measures to protect personal data against unauthorized access, loss, alteration, disclosure, or misuse.
Effective Protection: Users must have appropriate administrative or legal mechanisms available to exercise and protect their data protection rights.
Adequate Protection: When personal data is transferred across borders, Machupicchu Birding will take appropriate measures to ensure that the information receives a level of protection consistent with applicable Peruvian law and relevant international data protection standards.
PURPOSES OF PERSONAL DATA PROCESSING
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PURPOSES OF PERSONAL DATA PROCESSING
Machupicchu Birding may use the personal data provided by users for the following purposes:
Travelers and Clients
To provide the tourism services and products requested or contracted.
To communicate with clients before, during, and after their trip.
To coordinate services with guides, transportation providers, accommodations, travel agencies, and other tourism partners.
To provide information about services, travel requirements, terms and conditions, and other relevant policies.
To respond to questions, requests, and inquiries.
To process documentation and information required by applicable Peruvian tax and tourism regulations.
To better understand travelers’ interests and preferences in order to improve our birding and nature experiences.
Employees and Collaborators
To manage employment, administrative, and human resources requirements in accordance with applicable legislation.
To manage personnel records, attendance, payments, commissions, and related administrative processes.
To maintain security at our facilities through video surveillance where applicable.
To comply with applicable legal and regulatory requirements.
Tourism Operators and Suppliers
To coordinate and manage contracted tourism services and payments.
To communicate regarding the provision of services and products.
To maintain appropriate security measures at our facilities.
Personal data provided to Machupicchu Birding will be stored and managed in the databases applicable to our operations and in accordance with Peruvian data protection legislation.
RIGHTS OF THE DATA SUBJECT
The owner of personal data has the right to:
Access, update, correct, or request the cancellation of their personal data, subject to applicable law.
Request information about how their personal data is being used.
Object to or request restrictions on the processing of their personal data where legally applicable.
Request the deletion of personal data when its processing is not permitted by applicable law.
Revoke consent where processing is based on consent and where revocation is legally applicable.
Access their personal data processed by Machupicchu Birding, subject to the conditions established by applicable legislation.
The exercise of one right does not prevent the data subject from exercising any other rights available under applicable law.
DATA PROCESSING CONDITIONS
Data Subject Authorization
Where required by law, Machupicchu Birding will obtain the data subject’s prior, informed, and express authorization to process personal data. Consent may be provided through physical or digital means that allow it to be properly recorded and verified.
When collecting personal data, Machupicchu Birding will clearly inform users about the information being collected and the specific purposes for which it will be processed.
Machupicchu Birding may process personal data obtained from publicly accessible sources when such information is legally considered public.
CASES WHERE AUTHORIZATION IS NOT REQUIRED
Consent may not be required when personal data processing is permitted or required by applicable law, including:
Information requested by a public authority or administrative body acting within its legal powers, or pursuant to a court order.
Publicly available information.
Medical or health emergencies.
Processing authorized by law for historical, statistical, or scientific purposes.
Information contained in official civil registries.
PROVISION OF INFORMATION
Machupicchu Birding will provide information requested by the data subject through the same or an appropriate communication channel used to submit the request.
DUTY TO INFORM
When requesting consent, Machupicchu Birding will clearly inform the data subject about:
The processing of their personal data and its specific purposes.
Whether providing certain information is optional, particularly where sensitive data or information relating to minors is involved.
Their rights as a data subject.
The identity and contact details of the person or entity responsible for processing their personal data.
WITHDRAWAL OF CONSENT AND DELETION OF DATA
Data subjects may request the withdrawal of their consent and/or the deletion of their personal data from Machupicchu Birding, where legally applicable, in accordance with Peruvian Law No. 29733 and its applicable regulations.
Requests for deletion or withdrawal of consent may be subject to legal or contractual obligations that require Machupicchu Birding to retain certain personal data for a specific period.
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PERSONS TO WHOM INFORMATION MAY BE DISCLOSED
Personal data processed by Machupicchu Birding may be disclosed, where legally permitted, to:
The data subjects, their legal representatives, or successors where applicable.
Public or administrative authorities acting within their legal powers or pursuant to a court order.
Third parties authorized by the data subject or by applicable law.
PERSONAL DATA SECURITY
Machupicchu Birding adopts reasonable technical, organizational, and administrative measures to protect personal data against loss, misuse, unauthorized access, alteration, disclosure, or theft, in accordance with applicable legislation and recognized information security practices.
PROCEDURES
Data subjects may submit inquiries, requests, or complaints to Machupicchu Birding, after appropriate identity verification, and may exercise their applicable rights regarding access, information, rectification, objection, deletion, restriction, portability, or withdrawal of consent.
Requests may be submitted using the following contact details:
Registered Office: [Your official business address]
Email: [Your official email address]
Machupicchu Birding will respond through the appropriate communication channel used to submit the request.
ACCESS AND INFORMATION REQUESTS
Data subjects may request access to their personal information held by Machupicchu Birding and obtain information about how their data is being processed, subject to applicable legal requirements.
Requests will be reviewed and processed within the time limits established by applicable Peruvian data protection legislation.
COMPLAINTS AND REQUESTS
Data subjects who believe that their personal information requires correction, deletion, restriction, or that their data protection rights have been violated may submit a request to Machupicchu Birding.
If a request does not contain the information necessary for proper processing, Machupicchu Birding may ask the applicant to provide additional information or documentation to verify their identity and properly address the request.
All requests will be handled in accordance with Peruvian Law No. 29733, its applicable regulations, and other data protection laws that may apply.
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RESPONSE DEADLINES
Within ten (10) days of receiving a request, the data subject may provide any additional documentation considered necessary to support their request. If the requested information is not provided within the applicable period, the request may be considered incomplete.
The maximum response periods for data protection requests, in accordance with applicable law, are:
Right to Information: five (5) business days from the day following receipt of the request.
Right of Access: twenty (20) business days from the day following receipt of the request.
Rights of Rectification, Deletion, or Objection: ten (10) business days from the day following receipt of the request.
Except for the right to information, the applicable response periods may be extended once for an additional period of equal duration when justified by the circumstances. The data subject will be informed of the reason for the extension within the applicable period.
PROCEDURAL REQUIREMENT
Where required by applicable law, the data subject must first submit their inquiry or complaint to Machupicchu Birding before filing a complaint with the National Authority for the Protection of Personal Data.
MACHUPICCHU BIRDING’S RESPONSIBILITIES IN DATA PROCESSING
Machupicchu Birding is committed to:
Safeguarding the rights of data subjects and ensuring the effective exercise of their data protection rights.
Obtain and retain the appropriate consent when consent is legally required.
Clearly inform data subjects about the purposes for which their personal information is collected and processed.
Implement appropriate security measures to prevent unauthorized access, loss, alteration, misuse, or fraudulent use of personal data.
Ensure that personal information is accurate, complete, relevant, up to date, and understandable.
Correct or update personal information when necessary.
Process and disclose only the information that is legally authorized and necessary for the relevant purpose.
Maintain the confidentiality and security of personal information.
Properly handle inquiries, requests, and complaints in accordance with applicable law.
Maintain internal policies and procedures to support compliance with data protection requirements.
Inform data subjects, upon request, about how their personal information is being used.
Report relevant data security incidents to the competent authority when required by applicable legislation and comply with instructions issued by the National Authority for the Protection of Personal Data.
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DATA CONTROLLER OBLIGATIONS
The data controller is responsible for complying with applicable data protection laws and must:
Ensure that data subjects can effectively exercise their data protection rights.
Implement appropriate measures to prevent the alteration, loss, unauthorized access, use, or disclosure of personal data.
Update, correct, or delete personal data when legally required.
Respond to requests and complaints from data subjects in accordance with applicable law.
Maintain internal policies and procedures for the proper management of personal data.
Restrict access to personal information to authorized personnel only.
Maintain the security and confidentiality of databases containing personal data.
Notify the competent data protection authority of security breaches when required by law.
Comply with instructions and requirements issued by the National Authority for the Protection of Personal Data.
SECURITY MEASURES
Machupicchu Birding adopts reasonable technical, administrative, and organizational measures to protect personal data against alteration, loss, unauthorized access, misuse, or disclosure.
Our security practices are designed to preserve the confidentiality, integrity, availability, and proper handling of personal information and are based on applicable regulations and recognized information security practices.
These measures apply to our employees, collaborators, and service providers who have authorized access to personal information.
DATA RETENTION
Machupicchu Birding retains personal data only for as long as necessary to fulfill the purposes for which it was collected, maintain our contractual or business relationship with users, comply with legal obligations, or resolve potential disputes.
Certain information may be retained for longer periods when required by applicable Peruvian legislation.
CHANGES TO THIS POLICY
Machupicchu Birding may update this Privacy Policy when necessary due to changes in legislation, regulatory requirements, applicable legal decisions, or changes in our services and business practices.
We recommend that users review this policy periodically and whenever they visit our website to stay informed about how their personal information is protected and processed.