01Who is responsible for your data
The controller of your personal data is Ashperion SpA (“Ashperion”, “we”, “us”), a company domiciled in Viña del Mar, Chile, that designs and develops technology solutions for clients in different countries.
- Chilean tax ID (RUT): 78.546.832-5.
- Legal representative: Gabriel Alejandro Rodríguez Cubillos, general manager.
- Postal address: Villanelo 180, office 606, Viña del Mar, Valparaíso Region, Chile.
- Email for privacy matters and to exercise your rights: [email protected].
Ashperion has not appointed a data protection officer. Privacy inquiries are handled directly by the company’s management at the email above.
02Who and what this policy applies to
This policy applies to the personal data we process when you visit ashperion.com, use the “Find your plan” questionnaire or the live chat, write to us by email or WhatsApp, or hire our solutions.
It does not apply to data we process on behalf of our clients within the systems we develop for them (for example, the data of users of an online store we build). In those cases, the client is the controller and we act as processor, as explained in section 11.
03What data we process and where it comes from
We receive all data directly from you or it is generated by your use of the website. We do not buy databases or obtain your data from publicly available sources.
| When | What data |
|---|---|
| When you visit the website | Technical connection data: IP address, browser and device type, pages requested, date and time. They are logged by the server that hosts the website. |
| When you use the “Find your plan” questionnaire | Your answers (what you want to build, what you want to achieve, type of business and industry), your name and, if you provide it, your company name. They are processed only in your browser and are not stored on our website. They only reach us if you press the button to send them via WhatsApp. |
| When you use the live chat | The messages you write, a random conversation identifier (stored in your browser) and the page you wrote from. |
| When you write to us by email or WhatsApp | Your name, your contact details (email or phone number) and the content of your messages. |
| When you hire a solution | Identification and billing data (name or company name, ID or tax number, address, email and phone), data of your company’s representatives or contacts, and project information. |
Sensitive data. We do not ask for sensitive data (for example, health, ethnic origin, beliefs or sexual orientation). Please do not include it in your messages. If a project requires processing it, this is governed by the corresponding contract.
04What we use your data for and on what legal basis
We only use your data for specific purposes and never for purposes incompatible with those for which you gave it to us.
| Purpose | Legal basis |
|---|---|
| Replying to your inquiries by chat, email or WhatsApp, understanding your needs and preparing a proposal or quote. | Pre-contractual steps taken at your request. |
| Carrying out the contracted project: communications, deliveries, support, invoicing and collection. | Performance of the contract. |
| Issuing tax documents and keeping accounting and business records. | Compliance with legal obligations. |
| Keeping the website secure and running: preventing abuse, detecting errors and protecting our systems. | Ashperion’s legitimate interest in the security of its website, without affecting your rights. |
| Defending our rights in the event of claims or administrative or legal proceedings. | Establishment, exercise or defense of a right. |
| Sending you news or marketing communications. | Your prior consent. We do not currently send this kind of communication; if we start, we will ask you first. |
When we process data based on your consent, you may withdraw it at any time, through the same means you gave it or by writing to [email protected]. Withdrawal does not affect the lawfulness of processing carried out before.
05Automated decisions
The “Find your plan” questionnaire suggests one of our plans (Starter, Growth, Business or Corporate) by applying simple rules to your answers: mainly the type of business you indicate and what you want to build. The suggestion is for guidance only: it has no legal effects, does not determine the price or whether you can hire us, and is not stored. A person on our team always reviews it and you can ask for it to be reconsidered.
We do not make decisions based solely on automated processing, nor do we build profiles that produce legal effects or significantly affect you.
06Who we share your data with
We do not sell, rent or assign your personal data. We only share it with providers who help us operate, and only to the extent needed for the service they provide:
- Website hosting and delivery: the provider that hosts the website and the network that delivers some code libraries the website loads when it opens. They receive the technical data of your connection.
- Messaging: WhatsApp (Meta Platforms) when you write to us or send the questionnaire through it, and Telegram, which we use to receive and reply to live chat messages.
- Email: the providers that receive and manage our email.
- Business management: electronic invoicing, accounting and legal or tax advisory services, where applicable to a client.
We may also disclose data to public authorities when a law or a competent order requires us to.
When a provider processes data on our behalf, it does so following our instructions and under a duty of confidentiality.
07International transfers
Several of our providers (for example, messaging, email or hosting providers) operate servers outside the country where Ashperion is located, mainly in the United States and Europe. Your data may therefore be transferred to and stored in other countries, whose laws may offer a different level of protection than yours.
We only make these transfers when they are necessary to respond to your request or to perform our contract with you, and we prefer providers that offer contractual data protection safeguards. If a transfer required your express consent, we would ask you first.
If you are a client from another country, we will process your data with the same standard of protection described in this policy.
08How long we keep your data
| Data | Retention period |
|---|---|
| Questionnaire answers | Not stored on our website. If you send them to us via WhatsApp, they are treated as an inquiry. |
| Live chat conversations on our server | Automatically deleted after 24 hours of inactivity. |
| Inquiries that do not lead to a contract (chat, email, WhatsApp) | Up to 24 months from the last contact. After that, we delete or anonymize them. |
| Client and project data | For as long as the business relationship lasts and, afterwards, for the time needed to handle warranties, support and possible claims. |
| Tax and accounting documents | The period required by applicable tax and commercial regulations. |
| Technical server logs | Only for the time needed for security and error diagnosis, and for no more than 12 months. |
Once the period ends, we delete the data or anonymize it so that it can no longer identify you.
09How we protect your data
We apply technical and organizational measures proportionate to the type of data and the risks, by design and by default:
- Encrypted connection (HTTPS) between your browser and our website.
- Minimization: we only ask for what is necessary. The questionnaire runs in your browser and does not store your answers on our website.
- Access restricted to the people who need the data for their work, with a duty of confidentiality that continues after the relationship ends.
- Accounts protected with strong passwords and, where the service allows it, two-step verification.
- Usage limits on the chat and automatic deletion of inactive conversations on our server.
- Review of the providers we use and the security measures they offer.
If a security incident affecting your data were to occur and pose a reasonable risk to your rights, we will report it to the relevant data protection authority without undue delay, and we will notify you when required by law, in clear language and with the measures you can take.
10Your rights and how to exercise them
You have the right to:
- Access: know whether we process your data, which data, for what purpose, where it comes from and who we disclose it to.
- Rectification: correct inaccurate, outdated or incomplete data.
- Erasure: ask us to delete your data when it is no longer needed, when you withdraw your consent or when it has been processed unlawfully, among other cases.
- Objection: object to processing based on our legitimate interest or for direct marketing purposes.
- Portability: receive the data you gave us in a structured, commonly used electronic format, or ask us to send it to another controller, when the processing is automated and based on your consent.
- Restriction: ask for processing to be temporarily suspended while we resolve a request for rectification, erasure or objection.
- Not to be subject to automated decisions that produce legal effects or significantly affect you, and to obtain human intervention.
How to make a request
Write to [email protected] stating:
- Your name and, if you are acting on behalf of someone else, the document proving your authority.
- An email or postal address where we can send our reply.
- The data or processing your request refers to.
- For rectification, the exact changes and supporting information. For erasure or objection, the reason and, if applicable, supporting information.
We may ask you for reasonable additional information to verify your identity and protect your data.
Timeframes and cost
- We will acknowledge receipt and reply in writing within 30 calendar days. This period may be extended once by another 30 calendar days, and we will let you know if that happens.
- We reply to temporary restriction requests within 2 business days.
- The rights to rectification, erasure and objection are always free of charge. Access is free at least once every three months. We could only charge direct costs if you request access or portability more than once in the same quarter.
If you are not satisfied
If we reject your request in whole or in part, we will explain why. If you are not satisfied with our reply, or if we do not reply in time, you can file a complaint with the competent data protection authority. For Ashperion, given its domicile, this is Chile’s Agencia de Protección de Datos Personales (Personal Data Protection Agency), and the deadline to file a complaint is 30 business days. If you live in another country, you can also contact the data protection authority in your country.
11Data we process on behalf of our clients
When we develop, configure, migrate or support a client’s system, we may have access to personal data of the client’s own customers, employees or users. In those cases:
- The client is the controller of that data and is responsible for informing and responding to the data subjects.
- We only process that data to carry out the assignment, following the client’s instructions, under a duty of confidentiality and with appropriate security measures.
- We do not use that data for our own purposes, and when the assignment ends we return or delete it as agreed.
- When the project requires it, we sign a specific data processing agreement with the client.
If you are a user of a system we developed for another company, please send your requests to that company. If they reach us, we will forward them.
12Minors
Our website and our solutions are intended for adults, companies and institutions. We do not knowingly collect data from children or adolescents. If you are under 18, please ask your parent or guardian to contact us. If we find that we have received data from a minor without the required authorization, we will delete it.
14Links to other websites
Our website has links to third-party services, such as WhatsApp, Telegram or social media. When you use them, their own privacy policies apply, and we recommend you review them.
15Changes to this policy
We will update this policy whenever the way we process personal data changes, for example if we add new tools, providers or purposes, or if the law changes. Each version states its number and effective date at the top of the document. If a change is significant, we will highlight it on the website and, where appropriate, ask for your consent again.
16Contact
For any question about this policy or your data, write to us at [email protected] or send a letter to Villanelo 180, office 606, Viña del Mar, Valparaíso Region, Chile.