Privacy Policy

Effective date: April 3, 2023

1. Introduction

CASMA respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

2. Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how CASMA collects and processes your Personal Data, including any data you may provide through our website or when you sign up for our newsletter.

Our website is not intended for children, and we do not knowingly collect data relating to children under the age of 13 years old.

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

CASMA is made up of different legal entities, details of which can be found in the link below. This Privacy Policy is issued on behalf of CASMA, so when we mention "CASMA", "we", "us", or "our" in this Privacy Policy, we are referring to the relevant company CASMA, who is responsible for processing your data. CASMA is the Data Controller and responsible for our website.

3. The data we collect about you

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:

(a) Identity Data: includes first name, last name, username, title, date of birth, and gender.

(b) Contact Data: includes billing address, delivery address, email address, and telephone numbers.

(c) Transaction Data: includes details about payments to and from you and other details of products and services you have purchased from us.

(d) Technical Data: includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

(e) Profile Data: includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.

(f) Usage Data: includes information about how you use our website, products, and services.

(g) Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

4. How we collect your personal data

We use different methods to collect data from and about you, including through:

(a) Direct interactions: You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:

  • purchase our products or services;
  • create an account on our website;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.

(b) Automated technologies or interactions: As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies.

(c) Third parties or publicly available sources: We may receive personal data about you from various third parties, such as analytics providers, advertising networks, and search information providers.

5. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

(a) Where we need to perform the contract we are about to enter into or have entered into with you.(b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.(c) Where we need to comply with a legal or regulatory obligation.

6. Disclosure of your personal data

We may share your personal data with the parties set out below for the purposes set out in this Privacy Policy:

(a) Internal Third Parties: Other companies in our group acting as joint controllers or processors and that provide IT and system administration services and undertake reporting.(b) External Third Parties: Including service providers acting as processors or hosts who provide IT and system administration services, professional advisers, and governmental agencies for fraud or illegal activities prevention.

7. International transfers

As CASMA is based in Guatemala, your personal data will primarily be processed and stored within the country. However, we may occasionally transfer your personal data outside of Guatemala to provide you with the services and products you have requested. In such cases, we will ensure that your personal data is transferred securely and in accordance with applicable data protection laws.

8. Data security

We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

9. Data retention

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.

10. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights may include the right to request access, correction, erasure, restriction, transfer, or to object to the processing of your personal data. If you wish to exercise any of these rights, please contact us at [INSERT EMAIL].

11. Changes to this Privacy Policy

We may update this Privacy Policy from time to time in line with any changes to data protection laws and regulations. We encourage you to periodically review this page to stay informed about our privacy practices.

12. Contact information

If you have any questions or concerns regarding this Privacy Policy or our handling of your personal data, please contact us by email at [INSERT EMAIL] or by post at [INSERT POSTAL ADDRESS].

13. Third-party links

Our website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When you leave our website, we encourage you to read the privacy policy of every website you visit.

14. Marketing from us

We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.

15. Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the CASMA group of companies for marketing purposes.

16. Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time via email ([INSERT EMAIL]). Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of a product purchase, warranty registration, product experience, or other transactions.

17. Change of purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

18. Disclosures of your Personal Data

We may have to share your Personal Data with the parties set out below:

Internal Third Parties: Other companies in our group acting as joint controllers or processors and that provide IT and system administration services and undertake reporting.

External Third Parties: Including service providers acting as processors who provide IT and system administration services, as well as service agents for support and delivery companies for the transportation of products.

Professional advisers acting as processors or joint controllers including attorneys, accountants, bankers, auditors, and insurers based in Guatemala who provide consultancy, banking, legal, insurance, and accounting services.

Guatemalan authorities, regulators, and other entities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.

Third parties to whom we may choose to sell, transfer, or merge parts or all of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy.

19. Jurisdiction

This Privacy Policy shall be governed by and construed in accordance with the laws of Guatemala. The parties irrevocably agree that the Guatemalan courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Privacy Policy.

20. Severability

If a court finds part of this Privacy Policy illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

21. Assignment

You may not assign, mortgage, or otherwise transfer this Privacy Policy, data, or any rights, duties, and obligations hereunder.

It is acknowledged by you that we may use our employees, officers, representatives, or third-party consultants to carry out our work within this Privacy Policy. We may assign, license, or sub-contract the benefit of this Privacy Policy, data, or any rights, duties, or obligations to any firm or company in which we hereafter acquire a controlling interest or which acquires a controlling interest in us without prior approval from you. Save that we shall remain primarily liable hereunder until such time as the prospective assignee enters into an agreement to fulfill our obligations hereunder.

22. Waiver

No waiver or affirmation of any breach of or non-compliance with any term hereof by the parties shall be deemed to be a waiver or affirmation of any preceding or succeeding breach of or non-compliance with the same or any other term.

23. Third parties

Save to the extent expressly set out herein, this Privacy Policy is not intended to nor shall it create any rights, entitlements, claims, or benefits enforceable by any person that is not a party hereto. Accordingly, save to the extent expressly set out in this Privacy Policy, no person shall derive any benefit or have any right, entitlement, or claim in relation to this agreement by virtue of the Contract (Rights of Third Parties) 1999.

24. Changes to this Privacy Policy

We may change this Privacy Policy at any time in line with Guatemalan data protection laws and will update this page accordingly. You should therefore periodically visit this web page to check our current policy.

25. Data Controller

The data controller responsible for the information collected on this website is CASMA.

ContactIf you have any questions about this Privacy Policy or our treatment of your personal information, please write to us by email at or by post to: 11 avenida 36-71 zona 11 Ofibodegas Centro 11, Bodega #30, Cdad. de Guatemala 01011.