Introduction
Article 9 of Supreme Decree N°100 from 2006 from the Ministry General Secretariat of the Presidency expected that the agencies of the State Administration must adopt, maintain, and declare a “Privacy Policy” for their respective websites, which must be accessible from the home page. Although the scope of application of the law is limited to the agencies of the State Administration, it does not prevent them from adopting a similar “Privacy Policy” given the growing offer of online services.
The inclusion of the information contemplated in a “Privacy Policy” directly on the home page of public websites is to give citizens transparency regarding how their personal data will be processed, as well as the rights they are entitled to and how they can use them, anticipating their knowledge of the use of online resources available.
Then, Article 9 of the aforementioned Decree establishes the elements that “at least” must be included in the “Privacy Policy”. It is important to highlight that the information provided on SERNATUR website searches seeks to place itself above the current legal standard, since it emphasizes the dissemination of citizens’ rights while respecting public agencies to treat personal data in accordance with applicable laws. The decree itself, however, also allows for the inclusion of additional information beyond the required minimum.
Privacy Policies
According to Article 19 Nº 4 from the Political Constitution of the Republic of Chile and relevant provisions from Law Nº 19.628 on the protection of private life and its subsequent modifications, the processing of personal data on http://www.sernatur.cl of the Chilean National Tourism Service – SERNATUR, follows these rules:
The Chilean National Tourism Service guarantees the confidentiality of the personal data of the users who register on the website http://www.sernatur.cl/ through the designated form(s) established for these ends. In addition to its legal powers, the Chilean National Tourism Service will only process personal data with respect to those that have been voluntarily submitted by users in the aforementioned form.
Personal data will only be used for the specific purposes indicated in the corresponding form and always within the scope and attributions of the Chilean National Tourism Service.
Personal data of the users subject to the following treatments:
The Chilean National Tourism Service may communicate to other agencies of the State the personal data of its users, as established for this purpose in Law 19.628.
If required by a court order, the Chilean National Tourism Service will disclose the personal data of the users as required.
The Chilean National Tourism Service may share statistical information based on the personal data of the users with external parties, without the express consent of the holder, when from such data it is not possible to individually identify the holders in accordance with the law.
The user may use the rights granted by Law Nº 19.628 and its amendments at any time. More specifically, the user can:
(a) Request information about data banks which the agencies are responsible for, the legal basis for their existence, their purpose, the types of data stored, and a description of the group of people included in them;
(b) Request information on their personal data, its origin, recipients, the purpose of its storage, and the entities or individuals whom it is regularly disclosed to;
(c) Request the modification of their personal data when it is incorrect or outdated, as appropriate;
(d) Request the deletion or cancellation of the data provided, if applicable;
(e) Request, in accordance with Law 19.628, a copy of the altered record, as applicable;
(f) Object to the use of their personal data for statistical purposes;
(g) To use their rights, the user may use the options made available by SERNATUR through its contact system.
Concerning the automatic collection and processing of data for the purpose of generating visitor activity logs and audience statistics, the Chilean National Tourism Service will only use such data to prepare internal reports aligned with its institutional objectives. This information will never be used to associate data with a specific or identifiable user.
For the purposes of this “Privacy Policy” a user is someone who voluntarily registers on http://www.sernatur.cl/ using the designated forms. A visitor, in turn, is a person who freely accesses the available information on http://www.sernatur.cl/ without needing to register beforehand.
+56 9 94 58 0453