This Privacy Policy describes how Aemaerth (operated in connection with Atmostfear Entertainment S.A.S., “we”, “us”) processes personal data in relation to this website and related online services, in accordance with the Republic of Colombia's general regime for the protection of personal data, including Law 1581 of 2012 and its regulatory decrees (including the regulations compiled in the Single Regulatory Decree of the Commerce, Industry and Tourism Sector (Decree 1074 of 2015), as applicable), and the constitutional right of habeas data (Article 15 of the Political Constitution of Colombia).
1. Scope
This policy applies to visitors and users of the website at aemaerth.com and its sub-pages (the “Site”), including when you browse, use contact or comment features, subscribe to updates where available, or interact with content we publish. It does not govern products or services that are not yet publicly offered; when those launch, we will provide additional notices as required by law.
2. Data controller
The data controller responsible for the processing described in this policy, for the purposes of the Colombian framework, is Atmostfear Entertainment S.A.S., acting in connection with the Aemaerth project and website. Where this policy refers to processing for the Site, you may exercise your rights and send requests through the channels indicated in Section 9. We do not publish a direct e-mail address for privacy requests on this page; all such requests should be routed through the Contact page, which is the supported channel for written communications to us regarding this policy and your data.
3. Categories of personal data
Depending on how you use the Site, we may process:
- Identification and contact data that you voluntarily provide (for example, name and any other fields available in our contact or comment forms).
- Content of your message when you write to us or leave a comment, including any personal data included in the body of your message.
- Technical and usage data such as browser type, device or connection information, IP address, dates and times of access, and similar data obtained through cookies or similar technologies, server logs, or analytics tools, as described below.
We do not ask you to provide special categories of data (for example, health data) through the Site. Please do not send sensitive information unless we explicitly request it and provide a suitable legal basis and safeguards.
4. Purposes of processing
We process personal data for purposes that are lawful and limited, including:
- To operate, maintain, and secure the Site and its infrastructure.
- To respond to enquiries, feedback, or requests you send via the Contact page or other forms we make available.
- To moderate and display blog comments or similar contributions when you choose to submit them, in line with our moderation practices.
- To send operational or informational messages related to your request or subscription, where you have opted in where required.
- To measure aggregate use of the Site, improve content and performance, and understand how visitors use our pages (including through analytics and cookies where used).
- To comply with applicable legal obligations, respond to lawful requests from authorities, and defend our legitimate interests, including security and fraud prevention.
We will not use your personal data for incompatible purposes without informing you and, when Colombian law requires it, without obtaining your authorisation or following the applicable legal exceptions.
5. Legal basis and authorisation
Under Colombian law, processing may be based, as appropriate, on your prior, express, and informed consent when consent is required; on the need to perform a contract or pre-contractual measures at your request; on our legitimate interest (for example, network security, fraud prevention, or basic analytics), balanced against your rights; on compliance with a legal obligation; or on other grounds set out in Law 1581 of 2012 and its regulations. Where we rely on consent for a specific processing activity, you may withdraw it at any time without affecting the lawfulness of processing based on consent before its withdrawal, where applicable.
6. Cookies and similar technologies
The Site may use cookies, local storage, or similar technologies to remember preferences, maintain security, or measure traffic. You can control cookies through your browser settings. If we use analytics or third-party tools that set their own cookies, those providers process data in accordance with their policies; we select providers and configurations with attention to privacy-by-design, but you should review their documentation when applicable.
7. Retention
We keep personal data only for as long as needed for the purposes above, including legal, accounting, or security requirements. Enquiry and comment data may be retained for a period appropriate to respond to and follow up on your case and for our legitimate records, after which it may be deleted or anonymised in line with internal policies and the law.
8. Recipients, subprocessors, and international transfers
We may share personal data with service providers that assist us in hosting, delivery, e-mail or form delivery, security, or analytics, strictly for the purposes described and under appropriate contractual or legal safeguards. Some providers may be located outside Colombia. When that involves a transfer to another country, we take steps to ensure an adequate level of protection in line with applicable Colombian rules (for example, contracts, standard clauses, or adequacy decisions, as relevant in each case).
9. Rights of data subjects (habeas data)
Under Colombian law, you have the right, among others, to know, update, rectify, and delete your personal data, to request proof of authorisation where applicable, to be informed of the use of your data, to revoke consent and request erasure when there is no overriding legal or contractual duty, to access your data free of charge, and to submit complaints to the Superintendence of Industry and Commerce (SIC) for violations of the law, subject to the rules of procedure.
To exercise these rights in connection with the Site, please use the form on the Contact page. We will respond within the time limits set by law or, if longer, as soon as reasonably possible. For your protection, we may need to verify your identity before fulfilling certain requests. We will not use this policy to request or list an e-mail address; the Contact page is the designated channel for these communications.
10. Security
We implement technical, organisational, and human measures appropriate to the risk, aimed at ensuring confidentiality, integrity, and availability of personal data, in line with the security principle under Law 1581 of 2012. No method of transmission over the Internet is completely secure; we encourage you to use secure networks and to avoid sending unnecessary sensitive data.
11. Children and adolescents
The Site is not directed at children under the age of majority for data purposes under Colombian law. We do not knowingly collect personal data from children without appropriate parental or guardian authorisation as required. If you believe we have received such data, contact us through the Contact page so we can address the matter.
12. Changes to this policy
We may update this Privacy Policy to reflect changes in our practices, the Site, or legal requirements. The “Last updated” date at the top will change when we publish a material revision. We encourage you to review this page periodically. Where Colombian law requires us to obtain new consent or to notify you in a specific way, we will do so.
13. Supervisory authority (Colombia)
If you consider that we have not respected your data protection rights, you may lodge a complaint with the Superintendence of Industry and Commerce (SIC), the Colombian authority that oversees compliance with the personal data protection regime, in accordance with its applicable procedures and contact channels (see www.sic.gov.co).
14. Governing law and jurisdiction
This policy is governed by the laws of the Republic of Colombia. To the extent permitted by law, disputes concerning the processing of personal data under this policy may be subject to the jurisdiction of the competent courts in Colombia, on the terms and exceptions applicable in each case.