Terms and Conditions

 

1. Introduction

These terms and conditions (“Agreement”) govern the booking and participation in cycling tours (“Tours”) offered by CLIPPED S.A.S. (“Company”), accessible through the website https://clippedexperience.com/ (“Website”). By making a booking through the Website, you agree to abide by these terms and conditions.

2. Booking and Payment

2.1 Booking Process: Bookings for Tours can be made through the Website. All bookings are subject to availability.

2.2 Payment: Payment for the Tours can be made through the payment methods specified on the Website. A deposit or full payment may be required at the time of booking, as indicated for each specific Tour.

3. Cancellations and Refunds

3.1 Cancellation by Participant: If you wish to cancel your booking, you must do so by contacting the Company through the provided contact details. Cancellation fees may apply, and these fees vary depending on the time of cancellation and the specific Tour.

3.2 Cancellation by Company: The Company reserves the right to cancel or modify Tours due to unforeseen circumstances, including but not limited to weather conditions or insufficient bookings. In the event of such cancellation, participants will be entitled to a full refund or an alternative tour, as determined by the Company.

4. Participant Requirements and Responsibilities

4.1 Fitness and Health: Participants are responsible for ensuring they possess the necessary level of fitness and health to participate in the Tours. The Company reserves the right to deny participation to individuals who do not meet these requirements.

4.2 Equipment: Participants may be required to provide their own bicycles or equipment for the Tours, as specified in the Tour descriptions. The Company is not responsible for any loss or damage to personal equipment.

5. Safety and Liability

5.1 Safety: Participants must adhere to all safety instructions provided by the Company’s guides and staff during the Tours.

5.2 Liability: While the Company takes all reasonable measures to ensure the safety of participants, cycling involves inherent risks. Participants agree to participate at their own risk and hold the Company and its employees harmless for any injury, damage, or loss incurred during the Tours.

6. Insurance

Participants are strongly advised to have personal insurance that covers potential accidents, injuries, and damages during the Tours. The Company does not provide insurance coverage for participants.

7. Privacy

The Company collects and processes personal information in accordance with its Privacy Policy, which is available on the Website. By booking a Tour, you consent to the collection and use of your personal information as outlined in the Privacy Policy.

8. Intellectual Property

 

All content provided on the Website, including images, videos, and descriptions, are the intellectual property of the Company. Participants are not permitted to use, reproduce, or distribute these materials without prior written consent from the Company.

 

9. Governing Law and Jurisdiction

This Agreement is governed by the laws of  Ecuador. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Ecuador.

10. Modifications

The Company reserves the right to modify or update these terms and conditions at any time. Participants are encouraged to review the terms periodically for any changes.

By making a booking through the Website, you acknowledge that you have read, understood, and agreed to abide by these terms and conditions.

Privacy Policy

This Privacy Policy (“Policy”) outlines how CLIPPED S.A.S. (“Company,” “we,” “our,” or “us”) collects, uses, discloses, and protects personal information obtained from customers (“you” or “your”) who access and use our website https://clippedexperience.com/ to book cycling tours (“Tours”). By using our Website and booking Tours, you consent to the practices described in this Policy.

PERSONAL DATA PROTECTION POLICY

PUBLIPROMUEVE S.A. recognizes, as a priority, the privacy and protection of personal data. Therefore, it has adopted confidentiality and security measures for both circumstances: receiving and accessing information, as specified by the Personal Data Protection legislation of Ecuador. The content of this document is merely informative.

OBJECTIVE: The purpose of this Policy is to specify how the Company protects and processes customers and/or user’s personal data.

REACH: – This policy applies to all communication channels, processes and activities carried out by PUBLIPROMUEVE S.A. manually or electronically and that include or are related to personal data. – For the purposes stablished by the Data Protection legislation of Ecuador, this policy applies to all processing of personal data carried out by PUBLIPROMUEVE S.A. GLOSSARY OF TERMS: Personal data Data relating to an identified or identifiable natural person, directly or indirectly. Data Subject Person whose data is matter of processing. Controller Natural or legal person, public or private, public authority or other body that individually or collectively with others decides the purpose and processing of personal data. Data processor A natural or legal, public or private person, public authority or another organization that alone or collectively with others processes personal data on behalf of and for the account of a controller of personal data. Processing of personal data Any operation or set of operations performed on personal data, whether by automated, partially automated or non-automated technical procedures, such as: collection, compilation, obtaining, recording, organization, structuring, preservation, custody, adaptation, modification, deletion, indexing, extraction, consultation, processing, use, possession, distribution, assignment, communication or transfer, or any other form of enabling access, matching, interconnection, limitation, erasure, destruction and, in general, any use of personal data.

PURPOSES OF PROCESSING AND DATA COLLECTED:

1. Main purposes:

– Compliance of the necessary conditions for effective provision of the contracted product or service.

– Processing of requirements and/or claims.

– Registration, support and control of operations derived from customer interaction.

– Compliance with legal and regulatory obligations.

2. Secondary purposes:

– Analyze and discover customer needs and preferences.

– Contactability and discovery of establishments.

– Create and manage loyalty programs.

– Perform analysis and improvement of products and services.

– Develop marketing actions.

– Conduct market research.

– Elaborate and/or segment profiles.

– Develop commercial actions of products and services.

CONSERVATION TIME:

Personal Data will be retained for no longer than is necessary to fulfill the purpose of its processing. To ensure that Personal Data is not save longer than necessary, the Data Controller will conduct a review of its Database every five years. Personal Data may be retained for processing for a longer time than previously established for statistical research purposes, for which security and protection guarantees for Personal Data will be implemented.

LEGAL BASIS FOR PROCESSING:

All processing of personal data is carried out in strict compliance with Article 7 and 8 of the provisions of Organic Law of Personal Data Protection based on:

– Data subject consent to process of his personal data, for one or more specific purposes.

– Processing is necessary to execute pre-contractual measures at the request of the holder or to fulfil contractual obligations performed by the controller of personal data, processor of personal data or by a legally authorized third party.

EFFECT OF PROVIDING ERRONEOUS OR INACCURATE PERSONAL DATA

The refusal to provide data or to provide inaccurate data, may cause that the purpose for which they are collected cannot be completed. Therefore, PUBLIPROMUEVE S.A. will not be responsible for the results derived from the processing of information that are made because of erroneous, outdated, or inaccurate data. PUBLIPROMUEVE S.A. reserves the right to provide or not the corresponding services in case of erroneous, outdated, or inaccurate data.

TRANSFERS OR COMMUNICATIONS OF PERSONAL DATA

To comply the purposes previously described, personal data may be consulted, shared, transferred and / or communicated to its suppliers, subsidiaries, affiliated companies, related and / or auxiliary, data processing companies and / or companies with which the Company maintains a relationship at national or international level. For this purpose, PUBLIPROMUEVE S.A. guarantees that appropriate technical and organizational measures will be implemented to protect personal data.

COMPANY AS DATA CONTROLLER

Company Name	PUBLIPROMUEVE S.A.
Legal Address	Guipuzcoa E14-46 and Mallorca, QPH Building, Quito – Ecuador
Phone Number	023956060
E-mail	delegadodatos_ppm@ppm.com.ec

 

RIGHTS OF THE DATA SUBJECT

The holders of personal data have the right to access and rectify the treatment of their personal data. To guarantee their rights, the legal representative or holder of the personal data may access, rectify, update, delete, oppose and/or suspend the use of their personal data at any time, in accordance with the Law and applicable regulations. In order to commit these rights, you may contact the Company through the means provided for this purpose.

People concerned may send the request through a letter to PUBLIPROMUEVE S.A. with the Subject “Data Protection” physically or electronically, using the form which can be accessed by clicking here.  

Category	Information
Social Address	Guipuzcoa E14-46 and Mallorca, QPH Building, Quito – Ecuador
E-mail	delegadodatos_ppm@ppm.com.ec
Office Schedule	09H00 to 17H00

 

Consider that it will be necessary to prove your identity as the data subject or legal representative of the data subject to fullfil this procedure. PUBLIPROMUEVE S.A. compromises to respond to such request within a reasonable period in accordance with applicable laws and regulations.

PROCEDURE TO REVOKE CONSENT

The data subject or its legal representative may request the revocation of consent to the processing of personal data at any time and free of charge. For which you must send the request through the following link by clicking here or contact through the following means.

 

Category	Information
Social Address	Guipuzcoa E14-46 and Mallorca, QPH Building, Quito – Ecuador
E-mail	delegadodatos_ppm@ppm.com.ec
Office Schedule	09H00 to 17H00

 

Consider that it will be necessary to prove your identity as the data subject or legal representative of the data subject to fullfil this procedure. The data protection officer of PUBLIPROMUEVE S.A. will contact you to inform the result or, if necessary, request additional information to validate your identity or clarify the treatment on which the request is made.

SECURITY MEASURES

To protect personal data under its responsibility, PUBLIPROMUEVE S.A. has implemented a management system for personal data protection, aligned with the international standard ISO/IEC 27701:2019. The system is based on an adequate risk management, adopting

control measures to maintain personal data at an acceptable level of protection that reasonably avoids any negative consequences to the holders of personal data.

PROCESSING DELEGATION

When PUBLIPROMUEVE S.A. makes agreements to delegate the processing of personal data, it is guaranteed that this will be done in strict compliance with the Protection of Personal Data legislation.

NOTIFICATIONS AND POLICY CHANGES

PUBLIPROMUEVE S.A. will notify through the available channels any update of this policy prior to come into force.

USE OF COOKIES

PUBLIPROMUEVE S.A. uses cookies to improve navigation, quality of web services and user experience.

Personal Data Protection Policies

The data subject accepts and provides their unilateral consent freely and voluntarily for the processing of their personal data, including collection through our electronic channels or any other means, storage, processing, transmission, deletion, or any other processing or set of processes, whether carried out through technical procedures of automated, partially automated, or non-automated nature by the Commerce or its representative. This is done with the purpose of identifying, updating the data, and offering services and/or products to you through digital channels or any other means.

 

The transmission and storage of the information collected by the Commerce or its representative will be conducted within the infrastructure managed by them, either within or outside the Ecuadorian territory. This infrastructure may be implemented on physical servers or on cloud platforms provided by vendors that possess the necessary international certifications for Information Security treatment.

 

Furthermore, through this document, the data subject declares to be aware of and accept the Privacy Policy Notice of Placetopay, in which their rights, processed data, and the commercial activities of allies are indicated, as well as other relevant data concerning personal data protection, all of which are detailed on the Placetopay website at the following URL: https://www.placetopay.com/web/politicas-de-privacidad/. Through this, you will be able to request the management of rights or consents.