In compliance with the fundamental right to the protection of personal data enshrined in the Constitution of the Republic of Ecuador, Moncayo & Almeida Abogados® (hereinafter, “MAABOGADOS”) has developed this Privacy Policy, with the aim of establishing and explaining the levels of protection applicable to the processing of personal data in all its phases: collection, use, analysis, storage, modification, transmission, conservation, update or deletion.
This Policy is issued in compliance with current regulations in Ecuador, particularly the Organic Law on the Protection of Personal Data, published in the Official Registry Supplement No. 459 of May 26, 2021, which regulates the principles, rights, duties and mechanisms applicable to the processing of personal data.
MAABOGADOS is committed to guaranteeing lawful, fair, transparent, proportional data processing limited to the specific and legitimate purposes for which said data was obtained.

1. IDENTIFICATION OF THE DATA CONTROLLER

Moncayo & Almeida Abogados®, as the data controller, is domiciled in the city of Guayaquil, province of Guayas, Republic of Ecuador.

2. PURPOSE OF THE PROCESSING OF PERSONAL DATA

MAABOGADOS collects and processes personal data only for legitimate, specific, and clearly communicated purposes. The main purposes of processing include, but are not limited to:

• Manage and respond to requests, legal inquiries, or communications made through web forms, email, or any other enabled channel;

• Coordinate meetings or schedule appointments with the study professionals;

• Provide information related to our legal services, practice areas and institutional news;

• Carry out administrative, accounting and billing procedures associated with the services provided;

• Evaluate applications for professional affiliation or internships, in the case of applicant forms;

• Comply with legal or contractual obligations or requirements of competent authorities.

The data will be processed solely for the purposes previously indicated. Any subsequent processing for other purposes will require a new legal basis, including, where appropriate, the express and informed consent of the data subject.

3. LEGAL BASIS FOR DATA PROCESSING

The processing of personal data by MAABOGADOS is based on one or more of the following legal bases, in accordance with the provisions of Article 7 of the Organic Law on Personal Data Protection and its Regulations:

• Express consent of the data subject: When the user freely, specifically, informedly, and unequivocally authorizes the processing of their personal data for specific purposes, such as sending legal information, scheduling appointments, or receiving forms.

• Execution of pre-contractual or contractual measures: When data processing is necessary for the formalization, execution, or management of a contractual relationship between MAABOGADOS and the data subject (for example, contracted legal services).

• Compliance with legal obligations: When processing is necessary to comply with obligations imposed by current legislation, including requirements from administrative, judicial, or supervisory authorities.

• Legitimate interest of the controller or third parties: Provided that such interest does not contravene the fundamental rights and freedoms of the data subject, and adequate safeguards exist, the information may be processed for administrative, security, or service improvement purposes, in accordance with the legally required weighting.

MAABOGADOS guarantees that all data processing is carried out in strict compliance with the principles established in Article 10 of the Organic Law on Personal Data Protection, such as legality, loyalty, transparency, purpose, minimization, proportionality, confidentiality, quality, conservation, security, proactive accountability, and favorable application to the data subject.

4. TYPES OF PERSONAL DATA WE COLLECT

MAABOGADOS collects only the personal data strictly necessary to fulfill the purposes informed to the data subject, in compliance with the minimization principle set forth in Article 10 of the Organic Law on Personal Data Protection.
The data we may process includes:

• Identification and contact information: first name, last name, ID or passport number, telephone number, email address, home or business address.

• Professional or business information: occupation, company or institution name, position, legal area of interest.

• Technical browsing data: IP address, browser type, general location, website behavior (through cookies; see relevant section).

• Sensitive data: Only in exceptional cases, and always with the express and informed consent of the data subject, may we process sensitive data such as gender, health status, or disability, for example, in the context of applications or accessibility requests. MAABOGADOS does not collect this type of data systematically or automatically.

This data may be provided directly by the data subject, generated as a result of a contractual or professional relationship, or obtained through technological tools used in our digital channels.

5. ORIGIN OF PERSONAL DATA

MAABOGADOS obtains personal data directly from the data subject through the following means:

• Forms available on our website (e.g., contact, appointment scheduling, or legal newsletter subscription);

• Voluntary communication through documentation, physical or telephone, or through messaging services such as WhatsApp;

• Emails sent by the owner to the studio or its staff;

• Interaction with our official social networks (when using contact channels on these platforms).

We may occasionally obtain data from publicly accessible sources or duly authorized third parties, only when there is a legal basis for doing so and the data subject has been informed in accordance with the Organic Law on Personal Data Protection.

6. RECIPIENTS OF PERSONAL DATA

MAABOGADOS does not market, transfer, or disclose the personal data collected, except in cases authorized by law or when necessary to fulfill the purposes informed to the data subject.
Therefore, personal data may be disclosed to third parties only in the following cases:

Technology service providers contracted by MAABOGADOS who act as data processors, such as:

• Web hosting and email platforms;

• Tools for managing forms or scheduling appointments;

• Messaging services (such as WhatsApp Business API) or email newsletters.

Administrative or judicial authorities, when there is a legal obligation to deliver or an official request.

All third parties that access personal data on behalf of MAABOGADOS do so under strict confidentiality and security clauses, and pursuant to contracts that guarantee compliance with the Organic Law on Personal Data Protection and its Regulations.
Under no circumstances will personal data be transferred internationally without the data subject’s prior consent, unless the provider has adequate data protection safeguards in place as required by law.

7. DATA RETENTION PERIOD

MAABOGADOS will retain personal data only for the time necessary to fulfill the purposes for which it was collected, or for the time required to comply with applicable contractual, legal, or regulatory obligations.
In general:

• Data submitted through the contact or inquiry form will be retained for the time necessary to process the request and, where applicable, for the duration of a professional or contractual relationship with the data subject.

• The data provided for scheduling appointments or subscribing to the newsletter will be retained as long as the data subject does not withdraw their consent or request deletion.

Data related to legal, accounting, or tax obligations will be retained for the periods required by applicable regulations.
Once the applicable retention period has expired, the data will be deleted or anonymized, unless there is a legal basis that justifies retaining it for an additional period.

8. RIGHTS OF THE HOLDERS

Individuals whose personal data is processed by MAABOGADOS have the following rights, in accordance with the Organic Law on Personal Data Protection:

• Access: Know whether we process your personal data, access it, and obtain information about its origin, purposes, categories, and recipients, without the need for any justification.

• Correction and update: Request the correction of inaccurate or incomplete data, as well as its update, presenting documents that justify the modification, where applicable.

• Deletion: Request the deletion of your data when it is no longer necessary, consent has been withdrawn, its purpose has been fulfilled, or the processing does not comply with applicable legal principles.

• Objection: Oppose the processing of your data in cases provided for by law, such as when it is used for direct marketing purposes or there is a legitimate interest that affects your rights or freedoms.

• Portability: Receive your personal data in a structured, commonly used, and machine-readable format, or request its transfer to another data controller, when technically feasible.

• Suspension of processing: Request a temporary restriction on the use of your data in specific circumstances provided for by law, such as when its accuracy is contested or when it is needed to defend legal rights.

• Not to be subject to automated decisions: Request not to be evaluated solely through automated processes that generate legal effects or significantly affect your rights.

EXERCISE OF RIGHTS:
To exercise any of these rights, the data subject may send a request to the email address: estudiojuridico@moncayoalmeida.com, indicating their full name, identification number, and the right they wish to exercise. In certain cases, additional information may be required to verify their identity.
The data subject may also revoke their consent at any time, without providing justification, by sending a request to the email address provided. This will not affect the lawfulness of any processing previously carried out.

MAABOGADOS will respond to all requests within a maximum period of fifteen (15) days from receipt of the complete request, in accordance with the procedures established by the Organic Law on Personal Data Protection and its Regulations.
If a satisfactory response is not received, the data subject may file a complaint with the Superintendency of Personal Data Protection.

9. SECURITY MEASURES

MAABOGADOS adopts appropriate technical, organizational, and administrative measures to guarantee the confidentiality, integrity, availability, and security of the personal data it processes, in order to prevent its loss, alteration, unauthorized access, or misuse.
These measures include, among others:

• Use of secure channels for data transmission;

• Restricting access to information to authorized personnel only;

• Control of passwords, devices and platforms used for data storage and management;

• Internal protocols for confidentiality and file protection;

• Information backup policies (physical or digital) in accordance with reasonable legal sector standards.

MAABOGADOS undertakes to periodically review and update these measures, especially when vulnerabilities, regulatory changes, or new risks associated with the processing of personal data are detected.

10. PROCEDURE IN CASE OF SECURITY BREACHES

If MAABOGADOS detects a security breach that compromises the confidentiality, integrity, or availability of the personal data processed, the corresponding internal protocols will be activated to contain, evaluate, and mitigate the incident.
When required by current regulations, the affected data subjects and the Superintendency of Personal Data Protection will be notified within the timeframes and under the conditions established by law, including:

• The nature of the violation;

• The compromised data;

• The possible consequences of the incident; and

• The measures taken to mitigate the effects and prevent future similar events.

MAABOGADOS will maintain documented records of any security incidents, as well as any corrective actions implemented.

11. INTERNATIONAL DATA TRANSFERS

MAABOGADOS does not currently carry out international transfers of personal data, as the technological services used operate with servers located within Ecuadorian territory.
If tools or platforms that involve the processing of data outside the country are used in the future, MAABOGADOS will ensure that such transfers comply with the provisions of the Organic Law on Personal Data Protection and its Regulations, and will be made only to countries with adequate levels of protection or through appropriate contractual guarantees.

12. MODIFICATIONS TO THE PRIVACY POLICY

MAABOGADOS reserves the right to modify this Privacy Policy at any time to adapt it to new legal provisions, supervisory authority criteria, technological advances, or best practices.
Any modifications will be published on this website, indicating the date of the last update. If the changes affect substantial aspects of the processing of personal data or require new consent, the data subject will be expressly informed, to the extent applicable.
You are advised to review this policy periodically to stay informed of how we are protecting your personal information.

13. USE OF COOKIES AND SIMILAR TECHNOLOGIES

The MAABOGADOS website uses essential cookies and other similar technologies to ensure its proper functioning, such as allowing the submission of forms, access to external links (for example, WhatsApp), or online appointment scheduling.
We do not use cookies for advertising or profiling purposes. However, some third-party services integrated into the site (such as forms or links to external platforms) may use their own cookies, under their own policies.
Users can configure their browser to accept or reject cookies, or to receive notifications when they are installed. For more information, see the help section of your browser.