Privacy Policy

Preamble

By means of this manual, “Berlitz escuelas de idiomas limitada”, hereinafter “Berlitz Chile”, declares that it complies with the regulations in force regarding data protection, in particular Law 19.628 “Sobre Protección de la Vida Privada”, and other applicable norms, and in that sense, for an adequate protection and respect for the privacy of the Personal Information of any user who visits this site, it adopts a “Privacy and Data Protection Policy” that regulates and describes the types of information collected in this web page and the way in which Berlitz Chile ultimately uses, stores and protects it.

I. Your consent to this Privacy Policy.

By using our web site you express your acceptance of this Privacy Policy and agree that the use Berlitz Chile makes of any personal information you provide or submit to this web site is governed by its terms and conditions. If you do not agree to the terms of this Privacy Policy, please do not use this website or disclose your personal information.

II. Purpose and Use of Personal Information.

Berlitz Chile has taken all the necessary technological measures and mechanisms within its company to apply these policies, thus complying with the regulations in force, in this way, the request for information and once provided on this page is intended for the purpose: To achieve an efficient communication related to our products, services, offers, promotions, alliances, studies, contests, contents, as well as those of our related companies, and to facilitate general access to their information; To provide our products and/or services; To inform about new products and/or services that are related to the one(s) contracted or acquired; To comply with obligations contracted with our customers and suppliers; To inform about changes in our products and/or services; To evaluate the quality of our products and/or services, and; To conduct internal studies on consumption habits. Berlitz will only take into account the data requested in the registration form, such as: Names, Last Names, Email, Telephone, City and Occupation, which will be used only to contact you by phone, via email, in order to expand the commercial information and/or that which it considers important for its users. The personal data and information referred to above is requested by Berlitz Chile for the purposes of storage, use, especially to allow access to the interactive mechanisms of Berlitz Chile, as well as for: To achieve an efficient communication, by any means known or to be known, related to our products, services, offers, promotions, alliances, studies, contests, contents, as well as those of our related companies, and to facilitate general access to their information; To provide our products and/or services; To inform about new products and/or services that are related to the one(s) contracted or acquired; To comply with obligations contracted with our clients, suppliers, and employees; To inform about changes in our products and/or services; To evaluate the quality of our products and/or services; To transfer your data to companies of the Berlitz group of companies anywhere in the world; To carry out internal studies on consumer habits. Berlitz undertakes not to disclose, sell, transfer or share with third parties outside the company and its affiliates the data received on this site. Berlitz may share and transfer its databases to companies belonging to the Berlitz Group of companies anywhere in the world. In short, Berlitz Chile’s main purpose in collecting and using Personal Information is to provide you with a meaningful and personalized experience while using our sites, as well as to promote our products in an effective and efficient manner.

III. Use of Cookies.

The so-called “cookies” are files or amounts of information that are stored in the browser on the hard drive of the computer of users accessing this website or when accessing another website. The use of “cookies” is conventional and its use is common, being found in many pages on the network. In this regard, it is hereby noted that Berlitz Chile may use “cookies” to collect other types of information while you visit this site, such as, for example, the specific areas of the web page you visit and the activities in which you participate on this site, and thus manage subsequent contacts of the people who have accessed the Berlitz Chile web site. IV. Data protection and security The personal data and information received will be incorporated into a database for which Berlitz Chile is responsible. This company will treat this information confidentially and only to offer the services of the same, the rules on protection of personal data and other concordant rules. For these purposes, Berlitz Chile has adopted the legally required levels of security for the protection of personal data, installing the necessary technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided. Notwithstanding the foregoing, we cannot guarantee the security of any information you disclose online, and you do so at your own risk. V. Responsibility. Accepting all the terms and conditions of this Manual that establishes the Privacy and Personal Data Protection Policies, it is understood that the use given by the user to this website and all its tools is at the exclusive risk of the user. Berlitz Chile does not and will not grant any warranty for the use of this web site nor assumes any responsibility for any damage to your equipment or any loss of information. Likewise, it is of the case that when accessing the Berlitz Chile site there is the possibility of being redirected or linked to other web sites of third parties outside the control of this web page and consequently outside the control of Berlitz Chile. In that sense, Berlitz Chile will not be responsible for the privacy policies or practices of other websites even if the user had access to such third-party website using links from the Berlitz Chile website.

VI. User Rights.

Ultimately, the user of this website has control over the Personal Information that is collected and used in the terms indicated above. The purpose of Berlitz Chile is to keep the information complete, updated and as accurate as possible. Notwithstanding the foregoing, users of this website, and in accordance with current legislation, shall have the right to object to direct marketing actions Berlitz will comply with any request from an individual not to use his or her personal data for direct marketing purposes. Likewise, they will have the right to unsubscribe, for which the data owner may request Berlitz Chile to remove him/her from its database by sending an e-mail to: contacto.chile@berlitz.cl

VII. Copyright Notices.

Unless otherwise indicated, the graphic images, buttons and texts contained in this web site are the exclusive property of Berlitz Chile and its subsidiaries or related parties, and therefore may not be copied, distributed, displayed, reproduced or transmitted in any form and by any means, whether electronic, mechanical, photocopying, recording or otherwise, except for personal use and with the prior written consent of Berlitz Chile as expressly regulated by Law 17.336 on Intellectual Property. VIII. Changes in the Privacy Policy Berlitz Chile may modify the terms and conditions of this Privacy Policy at any time. If we make any material changes to this privacy policy, as well as to the way your personal data is used, we will post those changes on this page and will make every effort to notify you of any significant changes. For more information about the confidentiality of your Personal Information, please contact us by e-mail or mail, noting that notwithstanding the foregoing, we recommend and request that you review our privacy policy regularly.

Appendix 1

Service agreement for compliance with EU data privacy and other legislation under the general data protection regulation.

Background and Statement. As a valued customer of Berlitz Chile, we respect your privacy and that of your employees. Berlitz Languages, Inc. and its affiliates, including Berlitz Chile, have established policies designed to ensure that the personally identifiable information of our clients and our clients’ employees is handled securely and responsibly. While many of our customer agreements refer to these policies, the EU General Data Protection Regulation 2016/679 (“GDPR”), which will become effective on May 25, 2018, requires us to amend our agreements to comply with European data privacy rules.

Accordingly, we have prepared the addendum (incorporating new provisions as required by the GDPR) to your customer contract with Berlitz.

This Data Protection Addendum (the “Addendum”) is incorporated into the privacy policies of berlitz escuela de idiomas limitada (Berlitz Chile) as of July 12, 2018 (the “Effective Date”).

In the course of providing services to Client pursuant to the Agreement, Berlitz may collect and process certain Personal Data (as defined in Section 1.6 below), and Berlitz and Client agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.

1. Definitions.

1.1 “Applicable Law” means all laws and regulations, including the laws and regulations of the European Union, the European Economic Area and its Member States, Switzerland and the United Kingdom and Law 19.628 on the Protection of Privacy (Chile), applicable to the Processing of Personal Data.

1.2 “Affiliate” means an entity that owns or controls, is owned or controlled by, or is under the control or ownership of, such party.

1.3 “Berlitz” means the Berlitz entity identified in the Agreement and any other Berlitz affiliate(s) involved in the Processing of Personal Data. As of the Effective Date, such Affiliates may include Berlitz Languages, Inc, Berlitz Corporation, Berlitz Investment Corporation, Berlitz Franchising Corporation, Berlitz Publishing Company, Inc, ELS Educational Services, Inc, Second Language Testing, Inc, Training Management Corporation, Versation, Inc, World Wide Speaking SARL and Berlitz Escuela de Idiomas Limitada (Berlitz Chile).

1.4 “Client” means the Client entity identified in the Agreement and any other Affiliate(s) of Client, to the extent such entities are (a) authorized to use the Services under the Agreement, and (b) subject to the data protection laws and regulations of the European Union, the European Economic Area and/or its member states, Switzerland and/or the United Kingdom.

1.5 "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the "General Data Protection Regulation").

1.6 “Personal Data” means all data (a) that qualifies as 'personal data' as defined in applicable Law, and (b) submitted to Berlitz pursuant to or in connection with the Agreement.

1.7 “Processing”, “Data Subject(s)”, “Supervisory Authority” and “Personal Data Breach” have the meanings ascribed to them in the applicable Chilean Privacy Law.

2. Considerations and Responsibilities.

2.1 Each Party acknowledges that this Appendix, together with the Berlitz Chile Privacy Policy, sets forth the object, purposes and means, as well as the respective responsibilities and duties of the Parties for the Processing of Personal Data.

2.2 Each Party acknowledges that this Appendix does not replace, but supplements the Berlitz Chile Privacy Policy.

2.3 Berlitz acknowledges that it will comply (and will require its personnel to comply) with the applicable Law governing the control and Processing of personal data in Chile, including, but not limited to, the requirements relating to the security and confidentiality of Personal Data.

2.4 Each Party acknowledges that nothing in this Appendix relieves a Party of its own direct responsibilities and liabilities under Applicable Law.

3. Description of processing.

The Parties agree that the Client (the data exporter) and Berlitz (the data importer) are joint controllers of the Personal Data. Annex 1 to this Appendix, which forms an integral part of this Appendix, sets out the subject matter of processing, nature and purpose of processing, types of personal data, categories of data subjects and duration of processing.

4. Documented instructions.

Berlitz acknowledges that Processing of Personal Data may only occur on the basis of documented instructions, as provided by the Client (e.g., by email or order form) and in accordance with the terms of the Agreement, or as initiated by Data Subjects in the use of the services under the Agreement.

5. Non-Disclorure.

Berlitz agrees to take reasonable steps to ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of Personal Data, have received appropriate training on their responsibilities related to the Processing of Personal Data and are subject to confidentiality undertakings or professional or statutory confidentiality obligations.

6. Security.

6.1 Berlitz agrees to implement appropriate technical and organizational security measures for the protection of Personal Data, commensurate with the costs of implementation, the nature, scope, context and purposes of the Processing, as well as the risks of Processing. Such measures shall include, as appropriate, the measures referred to in Article 32(1) of the GDPR.

6.2 In assessing the appropriate level of security, Berlitz shall take into account the risks presented by the processing, in particular the risk in the event of a breach of personal data.

7. Third-party processing

7.1 The Client acknowledges and agrees that Berlitz may engage third-party processors in connection with the provision of services under the Agreement.

7.2 Where Berlitz engages third-party processors to process personal data, Berlitz agrees to enter into written agreements with such third-party processors that impose data protection obligations no less protective than those imposed under the Agreement and this Annex.

7.3 Berlitz shall remain liable for the performance of the third-party Processor’s obligations to the same extent that Berlitz is liable if it provides the third-party Processor’s services directly under the terms of this Appendix, except as otherwise set forth in the Agreement.

8. Respond to data subjects.

8.1 Berlitz recognizes that Data Subjects have certain rights, including the right of access, the right to rectification, restriction of processing, erasure, data portability, objection to processing and the right not to be subject to automated individual decision-making.

8.2 If Berlitz receives a valid request from a Data Subject to exercise any right provided under Applicable Law, Berlitz shall be responsible for responding in a timely manner to such request.

8.3 Taking into account the nature of the processing, Berlitz undertakes to provide the Client with commercially reasonable cooperation and assistance, as necessary, in connection with the Client’s handling of valid requests received from the data subject exercising any rights under applicable law.

9. Assist the controller in data breaches.

9.1 Berlitz undertakes to notify the Client without undue delay upon becoming aware of a Personal Data Breach involving Personal Data.

9.2 Berlitz agrees to provide Client with reasonable assistance to enable Client to comply with any obligation to report or inform Data Subjects of any Personal Data Breaches, including identification, at a minimum: (1) the nature of the Personal Data Breach; (2) the categories and numbers of the Data Data and Personal Data Records affected; (3) the name and contact information of a point of contact where the Data Subject can obtain additional information; (4) the likely consequences of the Personal Data Breach; and (5) the steps taken or proposed to be taken to address the Personal Data breach. Berlitz also agrees to provide Client with reasonable assistance, as necessary, in Client’s investigation, mitigation and remediation of such Personal Data Breach.

9.3 Where a Personal Data Breach may result in a risk to the rights and freedoms of Data Subjects, Berlitz agrees to notify the Personal Data Breach to the appropriate Supervisory Authority, as described in Articles 33 and 55 of the GDPR, without undue delay.

9.4 In the event of a Personal Data Breach involving Personal Data, Berlitz agrees to document the facts relating to the Personal Data Breach, its effects and the corrective actions taken.

10. Deletion or return of personal data

10.1 Upon termination or expiration of the provision of data processing services under the Agreement, Berlitz and any third-party processor shall, at Client’s option, delete or return (to the extent possible) all Personal Data remaining in Berlitz’s possession or control. . This Section 10.1 shall not apply: (a) to the extent that Berlitz is reasonably required to retain some or all of the Personal Data for limited operational and compliance purposes; or (b) to the extent that applicable Law prevents Berlitz from returning or destroying all or part of the Personal Data.

10.2 If applicable Law prevents Berlitz from returning or destroying all or part of the Personal Data, Berlitz will ensure the confidentiality of the Personal Data and will not actively process the Personal Data.

11. Right of audit and cooperation with the authorities.

11.1 In the event of a request from a Supervisory Authority relating to Personal Data, Berlitz agrees to cooperate with such Supervisory Authority as required by Applicable Law, and to provide Client with commercially reasonable cooperation and assistance as necessary for Client to handle the Supervisory Authority’s requests.

11.2 Berlitz undertakes to promptly inform the Customer if it is asked to do anything with the Personal Data that, according to Berlitz, would violate Applicable Law.

12. International transfers.

12.1 Berlitz is self-certified and complies with the EU-US and Swiss-US. Privacy Shield Frameworks, administered by the U.S. Department of Commerce.

12.2 For personal data received from the European Union, the European Economic Area or Switzerland, Berlitz will act in accordance with the E.U.U.S.S. Privacy Shield or Swiss-U.S., as applicable.

Appendix 2

Amendment to the berlitz service agreement for EU standard contractual clauses.

Background and Statement: As a valued customer of Berlitz Escuelas de Idiomas Limitada, we respect your privacy and that of your employees. Berlitz Languages, Inc. and its affiliates, including Berlitz Chile, have established policies designed to ensure that the personally identifiable information of our clients and our clients’ employees is handled securely and responsibly. While many of our customer agreements address these policies, a recent decision by the Court of Justice of the European Union requires us to modify our agreements to maintain compliance with European data privacy standards.

As you may know, on October 6, 2015, the Court of Justice of the European Union issued a decision declaring the EU-US Safe Harbor scheme invalid (the “Schrems” decision). Prior to this decision, the EU-US Safe Harbor scheme allowed U.S. companies to certify their compliance with EU data privacy rules when transferring personally identifiable information (of customers, employees and others) from the EU to the United States. Thousands of companies, including Berlitz, relied on this scheme, and the decision invalidating the safe harbor has had a major impact on the international business community.

Following the Schrems decision, all companies previously certified as Safe Harbor must now select an alternative legal basis for such transfers of personal data. To maintain our compliance, we have chosen to implement the EU standard contractual clauses. Standard contractual clauses, issued by the European Commission, are essentially a list of standard terms for personal data transfers, and are recognized by many as the most effective alternative to Safe Harbor.

We have prepared the following contractual clauses ('the Clauses') to provide adequate safeguards with respect to the protection of privacy and the fundamental rights and freedoms of individuals for the transfer by the data exporter to the personal data importer specified in this Privacy Policy:

Clause 1

Definitions.

For purposes of the Clauses:

a) “personal data”, “special categories of data”, “processing”, “controller”, “processor”, “data subject” and “supervisory authority” shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “Directive”);

b) “data exporter” shall mean the controller transferring the personal data;

c) “data importer” shall mean the controller who accepts the personal data from the data exporter for further processing in accordance with the terms of these clauses and who is not subject to a third country system ensuring adequate protection.

Clause 2

Transfer details

The details of the transfer, and in particular the categories of personal data and the purposes for which they are transferred, are specified in Annex 1 to this Appendix, which forms an integral part of the Clauses.

Clause 3

Third-party beneficiary clause

Data subjects may enforce this Clause, Clause 4 (b), (c) and (d). Clause 5 (a), (b), (c) and (e), Clause 6 (1) and (2), and Clauses 7, 9 and 11 as third-party beneficiaries. The parties do not object to the interested parties being represented by an association or other bodies if they so wish and if permitted by national law.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants that:

a) that the processing, including the transfer itself, of personal data by him/her has been and, up to the time of the transfer, will continue to be carried out in accordance with the relevant provisions of the Member State in which the data exporter is established (and, where applicable, has been notified to the relevant authorities of that State) and does not infringe the relevant provisions of that State;

(b) if the transfer involves special categories of data, the data subject has been informed or will be informed prior to the transfer that these data could be transmitted to a third country that does not provide adequate protection;

(c) make available to interested parties, upon request, a copy of the Clauses; and

(d) respond within a reasonable time and to the extent possible to inquiries from the supervisory authority about the processing of the relevant personal data by the data importer and any inquiries from the data subject about the processing of such personal data by the data importer

Clause 5

Obligations of the data importer

The data importer agrees and warrants:

a) that it has no reason to believe that the law applicable to it prevents it from performing its obligations under the contract and that, in the event of a change in such law, which may have a material adverse effect on the guarantees provided by the In the Clauses, it will notify the data exporter and the supervisory authority where the data exporter is established of the change, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(b) to process the personal data in accordance with the mandatory data protection principles set out in Appendix 2; or, if the parties explicitly agree, marked below and subject to compliance with the mandatory data protection principles set out in Appendix 3, to process in all other respects the data in accordance with:

- the relevant provisions of national law (annexed to these Clauses) protecting the fundamental rights and freedoms of natural persons and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the country where the data exporter is established, or

- the relevant provisions of any Commission Decision pursuant to Article 25(6) of Directive 95/46/EC which determines that a third country provides adequate protection only in certain sectors of activity, if the data importer is located in that third country and is not covered by those provisions, insofar as those provisions are of a nature that makes them applicable in the sector of the transfer;

(c) deal promptly and properly with all reasonable inquiries from the data exporter or data subject in relation to its processing of the personal data subject to the transfer and cooperate with the competent supervisory authority in the course of all its inquiries and abide by the advice of the supervisory authority with respect to the processing of the transferred data;

(d) at the request of the data exporter, submit its data processing facilities for audit, which shall be carried out by the data exporter or an inspection body composed of independent members possessing the required professional qualifications, selected by the data exporter, where appropriate, in agreement with the supervisory authority;

(e) make available to the interested party, upon request, a copy of the Clauses and indicate the office that handles complaints.

Clause 6

Responsibility

1. The parties agree that an interested party who has suffered damages as a result of any violation of the provisions mentioned in Clause 3 is entitled to receive compensation from the parties for the damage suffered. The parties agree that they may be exempted from this liability only if they prove that neither of them is liable for the violation of these provisions.

2. The data exporter and the data importer agree that they shall be jointly and severally liable for damages to the data subject resulting from any breach referred to in paragraph 1. In case of such a breach, the data subject may bring an action in court against the data exporter or the data importer or both.

3. The parties agree that if one party is held liable for a breach referred to in paragraph 1 by the other party, the latter, to the extent it is liable, shall indemnify the former party for any costs, charges, damages, expenses or losses it has incurred.

Clause 7

Mediation and jurisdiction

1. The parties agree that if there is a dispute between a data subject and either party that is not resolved amicably and the data subject invokes the third-party beneficiary provision in clause 3, they accept the decision of the data subject:

(a) refer the dispute to mediation by an independent person or, as the case may be, by the supervisory authority;

(b) refer the dispute to the courts of the Member State in which the data exporter is established.

2. The parties agree that, by agreement between an interested party and the relevant party, a dispute may be referred to an arbitration body, if that party is established in a country that has ratified the New York convention on the enforcement of arbitration awards.

3. The parties agree that paragraphs 1 and 2 apply without prejudice to the substantive or procedural rights of the interested party to seek remedies in accordance with other provisions of national or international law.

Clause 8

Cooperation with supervisory authorities

The parties agree to deposit a copy of this contract with the supervisory authority upon request or if such deposit is required by national law.

Clause 9

Termination of clauses

The parties agree that the termination of the Clauses at any time, under any circumstances and for any reason does not release them from the obligations and/or conditions set forth in the Clauses with respect to the processing of the transferred data.

Clause 10

Governing Law

The clauses shall be governed by the law of the Member State in which the data exporter is established, in this particular case, Chile.

Clause 11

Contract variation

The parties agree not to modify or change any of the terms of the clauses.