Last revised: August 20, 2019
I. Important Information and Who We Are
It is important that the personal information we hold about you is accurate and current. Please inform us if your personal information changes during your relationship with us.
D. Third Party Links
II. Information That We Collect
A. Personal Information and Non-Personal Information
Personal information or personal data means any information about an individual from which that person can be identified. It does not include information where the identity has been hidden (anonymous data).
We may collect, use, store and transfer different kinds of personal information about you, which we have grouped together as follows:
- Identity Information includes first name, maiden name, last/family name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Information includes residential address, work address, delivery address, email address and telephone numbers.
- Transaction Information includes details about products and services you have acquired from us, including newsletters or events.
- Technical Data. When you visit the Website, whether you are logged in or just browsing without logging in, our servers automatically record information that your browser sends whenever you visit a website. The information sent automatically by your browser is referred to as Technical Data and includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location browser plug-in types and versions, operating system and platform, and other technology devices you use to access this Website.
- Profile Data includes your username and password, orders or subscriptions made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information on how you use the Website, products and services.
- Marketing and Communications Information includes your preferences in receiving marketing from us and our third parties and your communication preferences.
III. Collection of Personal Information
We may use a number of different techniques and technologies to collect information from you and about you including through personal use.
A. Direct Interactions
You may give us your Identity Information and Contact Information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
- apply or subscribe for our services;
- create an account on the Website;
- subscribe to our publications;
- request marketing to be sent to you;
- enter into a survey issued by us or on our behalf; or
- give us feedback or contact us.
B. Cookies, Automated Technologies or Interactions
As you interact with the Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal information by using cookies, log files, clear gits, pixel tags, embedded scripts and other similar technologies.
C. Third Parties
We will receive personal information about you from various third parties as set out below:
- Identity and Contact Information from the educational establishment which awarded you a Luksic Scholarship.
- Technical Data from analytics providers such as Google.
Some web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity. The Website does not accept or process such Do Not Track signals or similar mechanisms.
IV. Use and Sharing of Information by Us
A. How We Use Your Personal Data
We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- 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.
- Where we need to comply with a legal obligation.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
B. Purposes For Which We Will Use Your Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific lawful ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/ Activity||Type of personal data||Lawful basis for processing including basis of legitimate interest|
|To register you as a Luksic Scholar||(a) Identity|
|Performance of a contract with you|
|To process and deliver your order for any services||(a) Identity |
(d) Marketing and Communications
|Performance of a contract with you|
|To manage our relationship with you which will include:|
(b) Asking you to leave a review or take a survey
(c) Notifying you of new or relevant website content
(d) Marketing and Communications
|(a) Performance of a contract with you |
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to complete a survey||(a) Identity |
(e) Marketing and Communications
|(a) Performance of a contract with you |
(b) Necessary for our legitimate interests (to study how End Users use our products/services, to develop them and the foundation)
|To administer and protect the foundation and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity|
|(a) Necessary for our legitimate interests (for running the foundation, provision of administration and IT services, network security, to prevent fraud and in the context of a reorganization or restructuring exercise)|
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity |
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how End Users use our products/services, to develop them, to develop the foundation and to inform our marketing strategy)|
|To use data analytics to improve the Website, products/services, marketing, End User relationships and experiences||(a) Technical |
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep the Website updated and relevant, to develop the foundation and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity |
(f) Marketing and Communications
|Necessary for our legitimate interests (to develop our products/services and the foundation)|
The personal information that we collect may be added to our databases and used for business purposes, including for marketing and promotional purposes. In addition, we will, on occasion, send emails to you about the Website or third-party products. For individuals in the European Economic Area (“EEA”), please see Section VI and in particular Part A of that Section for information relevant to them. If you do not want to receive email from us, visit the “Opt Out” or “Unsubscribe” link at the bottom of any email we send to remove yourself from continued receipt of such email messages.
Our policy is not to share the information of those who visit the Website (“End Users”) we collect with third parties other than as specified below, or where an End User expressly consents to our sharing of certain information with a third party. We may share End User information with third parties under the following circumstances:
D. Business Partners and Vendors
We may employ third party companies and individuals for any of the following: to facilitate the Website; to provide the Website or portions of the Website on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; or to assist us in analyzing how the Website is being used.
Under certain circumstances, you may avoid having us share your information with our business partners and vendors by not granting us permission to share your information. Not granting us permission to share your information with our business partners or vendors may limit your access to their services through the Website.
F. Business Transfers
As we continue to develop the foundation’s purposes, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, sale of assets, or bankruptcy. In such transactions, information about End Users generally is often a transferred business asset. In the event that we or substantially all of our assets are acquired, information about our End Users may be one of the transferred assets.
G. Compliance with Law and Protection of Us and Others
H. Aggregate Site Use Information
We may release aggregate End User information (without revealing any personal information about you) to advertisers and other third parties in order to promote or describe use of the Website.
V. Public Communications
Please note that if you use any bulletin board, chat room, comment posting feature, or other public communication service, forum, or feature offered through the Website, or post any information available for viewing by other users of the Website, any of the information that you share will be visible to other users of the Website. The information that you make available can be read, used, and collected by other users of the Website to send you unsolicited messages outside of the Website. We are not responsible for the manner in which the personal information that you decide to share will be used by other users of the Website.
VI. Individuals in the EEA
We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising.
2. Promotional offers from us
We may use your Identity and Contact Information and, 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 you have not opted out of receiving that marketing.
3. Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
4. 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.
Where you opt out of receiving marketing messages, this will not apply to emails of a non-promotional nature and which relate to a product/service subscribed for, product/service experience or other transactions.
B. 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.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
C. International Transfers
Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data to a third party which is based outside the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented.
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
D. How Long Will You Use My Personal Data For?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
E. Summary of Your Legal Rights and How to Exercise Them
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
F. Your Legal Rights
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request“). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your data which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your
personal data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
VII. International Transfer
By accessing and using the Website, you acknowledge that we control and operate all parts of the Website from our offices in Chile and that the Website is intended for use by End Users located in Argentina, Brazil, Chile, China, the EU, Mexico, Panama and the United States of America. Unless expressly stated to the contrary, we make no representation that the Website is appropriate or will be available for use in other locations.
The personal information we collect from you or about you will be kept on third party computers and servers located in California, the United States of America.
End Users located in the EEA should go to Section VI, Part C for further information regarding transfers by us of their personal information.
VIII. Changing or Deleting Your Information
All End Users who have created an account on the Website may review, update, correct or delete the personal information in their registration profile by contacting us. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.
We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. For example, we use commercially reasonable security measures such as encryption, firewalls, and secure socket layers (SSL) to protect End User information. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
Please note that no security system is impenetrable. Accordingly, we do not guarantee the security of our databases, nor that information you supply won’t be intercepted while being transmitted to us over the Internet or other network. Any information you transmit to us, you do at your own risk. We have put in place procedures to deal with any suspected personal data breach and will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable statutes on security breach notification) to you via email or conspicuous posting through the Website in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
X. Children’s Privacy
The Website is not intended for individuals under the age of sixteen (16) years and we do not knowingly collect data relating to individuals under the age of sixteen (16) years.
By using the Website, you represent and warrant that you are sixteen (16) years of age or older. If we believe that you are under the age of sixteen (16) years, we may, at any time, in our sole discretion, and with or without notice: (i) terminate your access to or use of the Website (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted through the Website.
XI. Contacting Us
Our contact details are:
Attention of Dr. Thomas Müller
Telephone: +423 231 4601
If you are in the EEA, you have the right to make a complaint at any time to your national supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority, so please contact us or our services provider in the first instance.
Legitimate interest which means the interest of the foundation in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of contract which means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation which means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
External Third Parties
- Service providers acting as processors who provide website hosting, website testing, IT and system administration services.
- Professional advisers acting as processors or joint controllers.
- Regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.