CPB Policies

Confidentiality policy

This is the Confidentiality Policy of CPB ABOGADOS, which governs all its business relations.

CONFIDENTIAL INFORMATION: "Confidential Information" means information about each party to the business relationship provided to the other party prior to or upon acceptance of the proposal, in oral, written or electronic form, whether prepared, made available or delivered by the other party.

The term Confidential Information shall not include information that: (i) is or becomes publicly available; (ii) is known to the other party prior to the signing of this document and is not otherwise confidential; or, (iii) is disclosed in accordance with paragraph 3c.

  1. THE PARTIES undertake to maintain total reserve and absolute confidentiality with respect to the "confidential information" to which they have access, as well as that which will be delivered and/or made available to them in order to comply with the provisions established during the execution of the legal service.
  2. THE PARTIES expressly undertake not to transmit the Confidential Information and to use the same only for the purposes established in the legal service and, in no way, in a manner detrimental to the other party, undertaking not to disclose it, except with the prior written authorisation of the other party. This obligation extends to all own or contracted personnel of each of THE PARTIES.
  3. In addition, THE PARTIES undertake the following:
    1. Not to disclose information received from either of THE PARTIES or obtained from third parties, nor to photocopy or reproduce by any means whatsoever information provided to it by either party in this regard. It shall not be understood as disclosure nor shall it contravene this confidentiality agreement to make copies of such documentation that the other party must keep, according to its usual practice, to support its conclusions and reports to the other party or what the other party requires for the provision of its services. However, as the information is obtained, it is subject to the confidentiality commitment set forth herein, and THE PARTIES shall not disclose the information they receive and keep in their possession, except in the case included in paragraph c) below.
    2. At the request of either of THE PARTIES, they shall return the information provided to them with the exception of the copies referred to in the preceding paragraph.
    3. In the event that either of THE PARTIES is forced to disclose Confidential Information in the event of any judicial, arbitration or administrative requirement, it shall immediately notify the other party in writing (either by simple letter or via email), so that it can take the appropriate actions to ensure that such information is not disclosed. If it is unable to obtain a measure granted by a competent authority so that the Confidential Information is not disclosed, the party to which the information was requested is obliged to submit to the competent authority that requested the Confidential Information, only the Confidential Information authorised by the other party.
    4. Provide indemnification for any damages or losses that are caused to any of THE PARTIES for breach of their obligations under this clause, including breach by their officers.
  1. The obligation of confidentiality shall remain in force for up to two (2) years following the termination of the provision of legal services.
  2. Breach of the obligation of confidentiality shall entitle the aggrieved party to claim damages directly.
  3. THE PARTIES shall return all documents or materials containing confidential information (without retaining any copies) promptly to the other party upon completion of the legal service or upon request of either PARTY.

Privacy Policy

Last updated: 28 February 2022

Carrera & Cia Sociedad Civil de Responsabilidad Limitada ("CPB Abogados"), identified with RUC N° 20461677836, domiciled at Ca. Monterrey N° 341, Dpto. 601, district of Santiago de Surco, province and department of Lima - Peru, is firmly committed to complying with all applicable legal obligations and to respecting the rights of the users (hereinafter, the "Users") of the website cpb-abogados.com.pe ("Website").

CPB Abogados understands that the personal data of Users must be processed in such a way as to ensure compliance with the law on the protection of personal data and, furthermore, that measures are taken to generate an environment of trust and security with regard to such processing.

Personal data" means any information that identifies or allows the identification of Users (hereinafter, "Personal Data").

Purpose and scope

The purpose of this Privacy Policy is to inform Users about the use and processing of their Personal Data collected through the Website.

The processing of the Personal Data provided by the User will be carried out by CPB Abogados in strict compliance with the provisions of Law No. 29733 - Personal Data Protection Law (the "Law") and its Regulations, approved by Supreme Decree No. 003-2013-JUS (the "Regulations").

Who is responsible for the processing of users' personal data?

Carrera & Cia Sociedad Civil de Responsabilidad Limitada, identified with RUC N° 20461677836, with address at Ca. Monterrey N° 341, Dpto. 601, district of Santiago de Surco, province and department of Lima - Peru, is responsible for the processing of Users' Personal Data.

The existence of the personal data bank in which the Personal Data of the Users will be stored has been declared to the National Authority for the Protection of Personal Data, under the name "Website Users".

The personal data bank is currently in the process of registration with the National Register for the Protection of Personal Data.

What personal data of users is collected through the website?

In order to make use of the services offered through the Website, Users must provide CPB Abogados with the following information:

  • Name and surname
  • E-mail address
  • Telephone number
  • Cookies, as detailed in the relevant cookies section.

This Personal Data will be freely provided by Users at the time of using the Website. CPB Abogados will not collect or use Personal Data of Users other than those authorised by the User. Under no circumstances will CPB Abogados collect Users' Personal Data without their consent and/or authorisation, except in those cases expressly permitted by the Law and the Regulations. In all cases, Users will be duly informed about the processing of their Personal Data, in accordance with the applicable requirements.

Users declare that the Personal Data they provide through the Website are true and accurate, assuming responsibility for any false information they may have provided.

For what purpose will the personal data of users be processed?

The Personal Data provided by Users will be processed for the purposes detailed below:

  • To allow the User to browse the Website.
  • To deal with queries made by the User with respect to the services provided by CPB Abogados.
  • To deal with any complaints that the User may submit, in accordance with the applicable consumer protection regulations.
  • The User's Personal Data are necessary and indispensable to comply with the purposes detailed above, and therefore refusal to provide such Personal Data will prevent the User from enjoying the services offered through the Website.
  • On the other hand, Users' Personal Data may also be used for additional purposes of sending commercial advertising, offers and promotions that may be of interest to them. This processing will only be carried out if the User has given their express consent to do so, in accordance with the provisions of the Law and the Regulations.
  • The User shall be entitled to revoke, at any time, the consent given for the processing of his or her Personal Data for the additional purposes.
  • The User's Personal Data will not be used for purposes other than those mentioned above.

With whom will users' personal data be shared?

To store Users' Personal Data, CPB Abogados contracts cloud services through Qualis Technology S.A.C., whose physical servers are located in the United States.

CPB Abogados will not share Users' Personal Data with other third parties, unless legally obliged to do so.

 

What is the retention period for users' personal data?

The Personal Data provided by the User will be processed by CPB Abogados while the queries made are being dealt with. At the end of the consultation, your information will be deleted from the database of personal data of Users of the Website.

However, if the User has consented to the processing of his or her Personal Data for the additional purposes, then CPB Abogados may retain and use the Personal Data required for those purposes until the User revokes his or her consent to do so.

On the other hand, with regard to the use of cookies on the Website, the corresponding section will indicate in detail how long they are to be kept.

Finally, if the User has filed a complaint in the Virtual Complaint Book of CPB Abogados, the Personal Data contained in the complaint form will be stored for a period of three (3) years, so that CPB Abogados can comply with its obligations under the rules on consumer protection.

 

Exercise of users' rights of access, rectification, cancellation and opposition.

As the owner of your Personal Data, the User has the right to access your Personal Data held by CPB Abogados, to know the characteristics of its processing, to rectify it if it is inaccurate or incomplete, to request its deletion or cancellation if it is considered unnecessary for the purposes previously stated, or to oppose its processing for specific purposes, in accordance with the exercise of the rights of access, rectification, cancellation and opposition (ARCO rights).

In order to exercise the aforementioned rights, the User may send his/her request to exercise his/her ARCO rights to the following address: mkt@cpb-abogados.com.pe.

The request submitted by the User shall comply with the specifications set forth in the Law and the Regulations, including: (i) name of the User, as well as address or other means to receive the response to his/her request; (ii) clear and precise description of the Personal Data in respect of which the User seeks to exercise the ARCO rights; and, (iii) other elements and/or documents that facilitate the location of the Personal Data and the attention of the request.

If the User considers that he/she has not been correctly attended to in the exercise of his/her ARCO rights by CPB Abogados, he/she may file a complaint with the National Authority for the Protection of Personal Data, by contacting the Mesa de Partes of the Ministry of Justice and Human Rights: Ca. Scipión Llona N° 350, Miraflores, Lima, Peru.

Security measures to safeguard users' personal data

CPB Abogados shall be responsible for the personal data banks of Website Users and Complaints Book, as well as for the Personal Data of Users contained therein.

In order to prevent the loss, misuse, alteration, unauthorised access and/or theft of the Personal Data provided by the User, CPB Abogados has adopted the levels of security and protection of personal data required by the Law and the Regulations, by implementing all the technical means and measures available to it.

In this regard, CPB Abogados guarantees Users the confidentiality of the Personal Data provided, in accordance with the applicable regulations on the protection of personal data.

Anti-corruption commitment

This is CPB ABOGADOS' Anti-Corruption Commitment and Statement on Prevention of Money Laundering and Terrorist Financing, which governs all its business relationships with its clients. Hereinafter, CPB Abogados and its CLIENTS are collectively referred to as "THE PARTIES".

THE PARTIES undertake that, in the performance of the legal services or in any procedure or management related to the same, they will not breach or violate the laws, regulations or any rules in force in Peru, which includes but is not limited to the anti-corruption regulations in force in the country, whether they are individual regulations, general regulations, or international treaties applicable in Peru, such as the United Nations Convention Against Corruption, the United Nations Convention Against Transnational Organized Crime, the International Convention for the Suppression of the Financing of Terrorism and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

THE PARTIES undertake and warrant that they will not, directly or indirectly, make any payment (in cash or in kind), promise or offer to pay, or authorise the payment of any amount or value, to:

  1. Officials, employees, agents or representatives of the government or of any of the public or governmental agencies or entities or dependents thereof, or any person acting in a public office or capacity.
  2. Candidates for political or public office, any political party or any official or representative of political parties.

Declaration on the prevention of money laundering and terrorist financing

THE PARTIES declare, as a sworn statement, that the resources that make up their assets, as well as the resources that will be used for the development of the legal service, do not come from money laundering, financing of terrorism, drug trafficking, illegal collection of money and in general from any illicit activity.

THE PARTIES undertake to carry out all activities aimed at ensuring that all their partners and the resources they have contributed, their administrators and the decisions they take, their clients and the origin of the funds they use, their suppliers and the origin of the goods or services provided, their employees and their conduct, etc., are not related to or originate, as the case may be, from illicit activities, particularly money laundering or the financing of terrorism.

In any case, if during the term of the legal service provided, THE CLIENT, some of its administrators or partners were to be involved in an investigation of any kind (White-Collar Crime, administrative, etc.) related to illicit activities, money laundering or financing of terrorism, or were to be included in control lists such as those of the UN, OFAC, etc., CPB ABOGADOS has the right to unilaterally terminate the service provided.

Complaints channel protocol

Object

The purpose of this Protocol is to establish an external communication channel for the reception of complaints related to breaches of regulations and/or unethical practices related to money laundering, financing of terrorism, as well as bribery in its various forms.

Carrera & Cia Sociedad Civil de Responsabilidad Limitada (hereinafter, "CPB Abogados") has established a zero tolerance policy against any form of corruption and therefore prohibits any conduct that could be understood as bribery in the private or public sector, money laundering or financing of terrorism.

This Protocol is established in order to publicise the aforementioned whistleblowing channel and to guarantee that, should a complaint be lodged, it will be handled in a professional and confidential manner, adopting the appropriate measures to protect the interests of CPB Abogados and the complainant.

Outreach

Those persons interested in or connected with CPB Abogados, as well as customers, suppliers and third parties, may send complaints through the Complaints Channel.

CPB Abogados undertakes to analyse all complaints received objectively and confidentially. Likewise, it will guarantee the confidentiality of the identity of the person making the complaint and of the person or persons complained of, informing only those persons strictly necessary in the process.

Communication and reception

Any person who becomes aware of an irregularity may report it to the following e-mail address canaldedenuncias@cpb-abogados.com.pe, to which the Prevention Officer and/or certain persons authorised by CPB Abogados will be the addressee.

Minimum complaint requirements

For a complaint to be admissible and therefore investigated, it should, as far as possible, comply with the following minimum elements:

  • Description of the event and/or suspicious behaviour;
  • Possible persons involved;
  • Dates and/or dates of the event and/or conduct;
  • Means by which the possible unlawful conduct has been carried out;
  • Where relevant, possible economic impact; and
  • Provision of evidence.

Admissibility

If, once all the relevant information on the fact and/or conduct provided by the complainant has been obtained, it is considered that there is prima facie evidence of the existence of an act or omission contrary to the regulations, the investigation procedure will be initiated.

If the information received is insufficient or there are no clear indications of an action or omission contrary to the regulations, the complaint will be dismissed, the case will be closed and the complainant will be informed of the reasons for the dismissal.

Whistleblower protection

CPB Abogados shall, as far as possible, ensure that there is no retaliation against a person or persons making a complaint in good faith.

Likewise, CPB Abogados guarantees that the investigation processes will be subject to maximum confidentiality, in order to protect the identity of the complainant, if known, as well as the identity of the accused and the facts, informing only those persons strictly necessary in the process.

CPB Abogados reserves the right to make any modifications to this Protocol that it deems appropriate or to adapt it to the regulations in force at any given time.