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Personal Data in Guatemala
Even if, to date, there is no specific legislation on the protection of personal data in Guatemala, TCS will comply with all the rules and regulations that are in force, established at the Constitutional and Legal level. By way of reference, the Law on Free Access to Public Information is currently the only one that regulates matters relating to personal data and sensitive data (LLAIP), as well as establishes a protection mechanism and typifies crimes, nevertheless, the scope of application of the LLAIP and the subjects obliged to comply with it are related to public information that is processed by the Public Administration or that public resources are been used. Therefore, when we collect and use Personal Data, being defined by way of reference by the LLAIP, such as data relating to any information concerning identified or identifiable natural persons (hereinafter "Personal Data"), we will comply with all regulations that are applicable to TCS as a company and agent in the processing of personal data.
Your duty to inform us of changes
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
How we will use your Personal Data
We will use your Personal Data, applying all the legal requirements included in the applicable legislation. The foregoing is without impairment of the exercise of your fundamental rights. Therefore, you will find below how we will use your Personal Data and the laws who alows us to process it for the fullfilment of one of the below TCS`s purposes (which are outlined more specifically above in our general notice https://www.tcs.com/privacy-policy). All these purposes were informed to you when we requested and obtained your consent to process your Personal Data.
- To ensure access to our website and online services
We use your Personal Data to enable and improve our website and online services. By processing your Personal Data we are allowed to keep our website updated. Our web servers or affiliates who provide analytics and performance enhancement services may collect:
- IP addresses,
- operating system details,
- browsing details,
- device and connectivity details, and/or
- language settings.
This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. TCS uses this information to measure the site usage, improve content and to ensure safety and security as well as enhance performance and user experience of the website. In few situations, you are required to register to access a reserved area of the website: in these cases, we will also collect your username and the password.
We may also obtain data from third parties including:
- Social networks, when you grant permission to us to access your data on one or more networks through our website.
- Service providers that help us determine a location based on your IP address in order to customize offerings and content to your location.
- Partners with which we offer co-branded services or engage in joint marketing activities.
- To answer your queries, support and contact requests
- We use your Personal Data so we are able to execute a contract with you at your request, or to take all steps required before the execution and completion of a contract. If you contact us with queries, requests for more information about initiatives or products or other generic support inquiries, we will need to collect information about you such as:
- personal and contact details, like full name, company and role, email address,
- demographic data,
- qualifications and profession, and/or
- the content of your messages to us.
- Subscriptions to our promotional communications
· We use your Personal Data to send you promotional communications by email, SMS/text messages, post, telephone or any other means of communication, as long as you permit us to do so. You can opt out of receiving such communications at any time by using the contact form on TCS.COM or on affiliated websites where you have provided your Personal Data, by writing to our Data Protection Officers or the Chief Privacy Officer (see section below) or by any other method provided from time to time (for example: the unsubscribe link included at the bottom of emails).
- To manage events and activities
· We use your Personal Data to organize and run events and activities and extend invitations to you, so you can participate in them. TCS organizes events and initiatives, either free to join or by invitation only; in these cases, this privacy statement applies to both participants and speakers, together with any other supplementary information that is provided in relation with each event. To allow participants to join the events (including communications pre and post event), we are required to collect and process a limited amount of information, such as:
- full name,
- company, job title and business email address,
- telephone number,
- location, and/or
- pictures and video of you.
- To manage, administer and fulfill the obligations under contracts, and regulations
- Where TCS is in a contractual relationship with you, we are taking steps to enter into such a contractual relationship and we will need to process your personal information, usually limited to name, business contact details and job title in order to enter into and/or fulfill the obligations arising from the said contract, to provide you or your employer or the company with the services you have requested or make use of the services that you or your employer or company are offering to us. We will also process such personal data for ancillary tasks related to our daily business activities, such as accounting, auditing, reporting (to regulators and authorities) and to comply with applicable regulations.
- To promote TCS brand, products, initiatives and values with marketing communications
- TCS has a strong legitimate interest in promoting its brand, products, initiatives and values. In order to further such goals, we process personal data about our business contacts including existing and potential TCS clients, third parties and intermediaries TCS interacts with in the course of doing business. TCS may collect details about you including name, contact details and other information such as your job title, employer, areas of business interest and other business details. We may process such data using software or platforms which allow us to manage our client relationships. We collect such data directly or indirectly from you, or from third parties, such as business partners, data brokers, social networks, marketing companies, and publicly available sources such as social media sites where lawful to do so. In such cases, we will also comply with any additional restrictions imposed by the region in which your data was collected as well as the source of the data. TCS may also collect data from our email and calendar systems concerning interactions between TCSers associates and contacts or third parties.
- Your data is used by us in part for administering, managing and developing our business and services;, such as identifying existing and potential client business needs, analysing and evaluating the strength of our interactions with certain business contacts, performing analytics including to produce metrics such as relationship maps for our business leadership, and limited profiling for the purposes of helping us to develop and offer appropriate products and services to existing and potential clients. Analytics may be performed by us using algorithms which help us analyze and rank interactions with you depending on interaction frequency and duration. We may also send you marketing communications and surveys to carry out market research or provide information to you about us and our services which we have reason to believe would be of interest to you in your professional capacity.
- When reaching out to you, we may do so through different channels, such as email, phone calls, post or any other means of communication such as through social media sites such as LinkedIn. We will only send electronic marketing communications to business contacts in a business-to-business context, where we have your prior consent or where it is otherwise lawful to do so in the jurisdiction you are located in. You can opt-out from receiving such communications at any time using the contact us form on TCS.COM or affiliate websites where you had given your personal data, writing to our Data Protection Officers or Chief Privacy Officer (see section below) or by any other given method provided from time to time (for example: unsubscribe link included at the bottom of emails).
From time to time, we may use your name, quotes, pictures or videos to promote and amplify TCS’ brand and activities. In any such case, you will receive appropriate additional information about the usage of your personal data.
Transfer of information from the Guatemalan Personal Data subject abroad.
We may transfer the personal data we collect about you to one of more countries outside Guatemala, including India, in order to perform one of the activities listed above (see "How we will use information about you"). Where there isn't an adequacy decision by the Guatemalan authorities in respect of those countries - meaning that these are not deemed to provide an adequate level of protection for your personal data - we have put in place the appropriate measures to ensure that your personal data will be secure. These measures include Data Transfer Agreements based on the Local Laws. If you require further information about these protective measures, you can request it from our Data Protection Officers (see contacts below).
Your rights in connection with personal data
As long as you fulfill the requirements established by law, you have the right to:
- Confirm if TCS process or not your personal data.
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to have easy and free access of the personal data we hold about you.
- Request correction of the personal data that we hold about you. This enables you to ask us to have any incomplete, inaccurate or out of date information we hold about you corrected.
- Anonymization, block or deletion of the personal data which are not necessary, excessive or not in accordance with applicable laws.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no legal basis for us continuing to process it or if it is expired. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below). 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.
- Object to processing of your personal data when there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
- Request to revoke processing of your personal data if there is no legal basis that allow us to keep processing it or if the data had expired
- Data portability: This enables you to ask us, upon express request, in accordance with National Data Protection Authority’s regulation, always respected business and industrial secret.
- Be informed of which public or private your personal data is/was shared with.
· Know the possibility of give your consent to have your personal data processed and the consequences of denying it. Where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you may have the right to withdraw your consent for that specific processing at any time.
- Review decision-making exclusively in automated: The right to have reviewed a decision based solely on automated processing that affect your interests.
What we may need from you
If you exercise one of the above rights, we may need to request specific information from you to help us confirm your identity and that you are entitled to make such a request. This is to ensure that Personal Data is not disclosed to any person who has no right to receive it.
How long we will keep your information
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. When Personal Data lacks legal basis or it has expired (and in certain cases when the owner requested it ) it must be deleted or canceled, and in this case TCS will proceed to delete the Personal Data, where appropriate, without the need for the owner's request.
How we will keep your information safe
We have put in place appropriate technical, organizational and 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 based on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with data security breach and will notify you and any applicable regulator when a data breach occurs if we are legally required to do so.
Data Protection Officer
We have appointed Data Protection Officers (DPOs) to oversee compliance of TCS with applicable data protection laws and with this privacy notice. If you have any questions about this privacy notice or how we handle your personal data, please contact the DPO in your region:
Data Protection Officer for LATAM:
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Changes to this privacy statement
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates, always within the legal framework. We may also notify you in other ways from time to time about the processing of your personal data.
