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Ernesto — WhatsApp Assistant

Privacy Policy

How Ernesto, our AI-powered WhatsApp assistant, collects, encrypts, and protects your personal data.

Last updated: April 16, 2026

This Privacy Policy describes how El Parque Software Factory (hereinafter “El Parque”, “we” or “the company”) collects, uses, protects and, where applicable, transfers the personal data of users (“you” or “the data subject”) who interact with Ernesto, our AI-powered WhatsApp virtual assistant. This policy applies exclusively to the Ernesto service and not to other products or activities of El Parque.

By starting a conversation with Ernesto, you acknowledge that you have read and accepted the conditions described herein. If you do not agree, we ask that you do not use the service.

1. Data controller

The data controller is:

  • Data controller: Javier Francia, an Argentine individual (monotributista) registered under the Simplified Regime for Small Taxpayers administered by the Agencia de Recaudación y Control Aduanero (ARCA), the legal successor of the former AFIP pursuant to Decree 953/2024, trading under the commercial name “El Parque Software Factory”.
  • Tax ID (CUIT): 20-34437777-5
  • Jurisdiction: City of Buenos Aires, Argentina.
  • Electronic domicile for legal notices (art. 75 of the Argentine Civil and Commercial Code): javifrancia@gmail.com.
  • General contact email: info@elparquefactory.com

The controller's full registered fiscal address is on file with the Argentine Tax Authority (ARCA, formerly AFIP) and may be disclosed upon a reasoned request from a competent authority or from the data subject in the exercise of their rights.

The controller is registered with the Argentine Data Protection Authority (AAIP) as a controller of private personal databases, pursuant to article 21 of Law No. 25,326, under code RL-2026-38523776-APN-DNPDP#AAIP.

Processing is carried out under Argentina's Personal Data Protection Act (Law No. 25,326), its implementing Decree 1558/2001, and the complementary regulations issued by the Agencia de Acceso a la Información Pública (AAIP), the Argentine data protection authority.

2. Nature of the service and automated processing

Ernesto is a virtual assistant operated by artificial intelligence. It is not a human being. Its responses are generated in an automated mannerthrough third-party natural language models (see section 6). Ernesto is designed to handle initial commercial inquiries about El Parque's services and may route the conversation to a human team member when the inquiry so requires or when the user requests it.

You have the right, at any time, to request human intervention, to express your point of view, and to challenge any automated responses or decisions that affect you (see section 12).

3. Data we collect

When you interact with Ernesto, we collect only the data necessary for the purpose of the service:

  • WhatsApp phone number — mandatory in order to establish and maintain the conversation. Stored encrypted with AES-256-GCM.
  • WhatsApp profile name — optional, obtained only if publicly set on your WhatsApp profile.
  • Content of the messages exchanged with Ernesto — mandatory for the service to provide a response. Stored encrypted at rest.
  • Internal translations of messages, for internal quality auditing. Stored encrypted.
  • Detected language of the conversation.
  • Timestamps of each message.
  • Internal team feedback on the quality of generated responses.

We do not intentionally collect banking data, identification documents, biometric data, or the categories of sensitive data listed in article 2 of Law No. 25,326 (racial or ethnic origin, political opinions, religious beliefs, health, sex life, among others). Please refrain from sending such information via the conversation.

Consequences of not providing mandatory data: if you do not wish the data marked as mandatory to be collected, it will not be possible to answer your inquiry through Ernesto. You may, in that case, contact us through other channels (email or web form).

4. Purpose of processing

Data is collected and processed exclusively for the following purposes, in application of the purpose limitation principle set forth in article 4, paragraph 3 of Law No. 25,326:

  • To address your commercial inquiries about El Parque Software Factory's services.
  • To generate the virtual assistant's automated responses.
  • To route the conversation to a human team member when appropriate.
  • To maintain the continuity and traceability of the conversation.
  • To internally assess and improve service quality, without affecting third-party rights.
  • To comply with legal or regulatory obligations or requests from competent authorities.

Data will not be used for purposes other than, or incompatible with, those declared herein without your prior consent.

Pursuant to article 5 of Law No. 25,326, the processing of your data relies on the following legal bases:

  • Free, express and informed consent of the data subject, given when starting the conversation with Ernesto after being informed of the terms of this policy.
  • Performance of pre-contractual stepsat the request of the data subject, aimed at a possible engagement of El Parque's services (art. 5.2.d of Law No. 25,326).
  • Compliance with legal obligations applicable to the controller.
  • Legitimate interestof the controller in internally auditing service quality, to the extent it does not override the data subject's fundamental rights.

You may withdraw consent at any time through the channels indicated in this policy, with no retroactive effect on processing carried out prior to withdrawal.

Evidence of consent. When a new WhatsApp number starts a conversation with Ernesto, the service automatically sends a welcome message identifying the provider and expressly referring to this Privacy Policy and to the Terms of Service. Continued use of the service after such message implies acceptance of both documents. The content of that message and its timestamp are stored as evidence of the disclosure and consent.

6. Third parties and data processors

To provide the service we rely on the following providers, which act as data processors or infrastructure providers and are contractually bound to process data solely under our instructions and in accordance with the security level described herein:

  • Meta Platforms, Inc. — WhatsApp Business API. Messaging channel provider. Transports messages between you and our server. The use of WhatsApp is additionally subject to the WhatsApp Privacy Policy, under which Meta acts as an independent controller regarding metadata and uses inherent to the WhatsApp service.
  • Anthropic, PBC — Claude API.Acts as a data processor for natural language processing, handling message content for the sole purpose of generating Ernesto's response. The relationship is governed by Anthropic's Data Processing Addendum with Standard Contractual Clauses (SCCs), automatically incorporated into its Commercial Terms of Service and accepted by El Parque when subscribing to the API. Pursuant to those terms, Anthropic does not use data transmitted through the API to train its models. More information at the DPA and the Anthropic Privacy Policy.
  • Amazon Web Services, Inc. (AWS). IaaS infrastructure provider. Hosts our server and database. Sensitive data is encrypted at the application layer before being stored on disk, so AWS has no access to its plaintext content.

We do not share data with third parties for advertising purposes, nor do we sell it, under any circumstances.

7. International data transfers

The service involves the international transfer of data to the United States of America (Anthropic, Meta and AWS), a country that, as of the date of this update, is not included in the list of jurisdictions deemed to provide an adequate level of protection by the AAIP (Disposition DNPDP 60/2016 and amendments).

The transfer is carried out on the following grounds, set forth in article 12 of Law No. 25,326:

  • Express consent of the data subject, given upon accepting this policy and interacting with Ernesto.
  • Performance of pre-contractual steps requested by the data subject.
  • Implementation of appropriate technical and contractual safeguards, including AES-256-GCM encryption of sensitive data at the application layer and agreements with providers that restrict data use to the stated purpose.

8. Security, encryption and incidents

We implement technical and organizational measures appropriate to the risk of the processing, in accordance with article 9 of Law No. 25,326 and AAIP Resolution 47/2018:

  • Encryption at rest with AES-256-GCM at the application layer for all sensitive data (phone number, message content, translations). Encryption happens before data reaches disk.
  • Access controls based on the principle of least privilege.
  • System access logging and monitoring.
  • Use of encrypted channels (TLS) for data transport.

Incident notification: in the event of a security incident affecting your rights as a data subject, we commit to notifying the AAIP and the affected data subjects in the manner set forth in AAIP Resolution 47/2018, without undue delay upon becoming reliably aware of the incident.

9. Retention and storage

Conversation data is retained for a maximum of 30 (thirty) calendar days from the user's last interaction with Ernesto, after which it is deleted or irreversibly anonymized. This period complies with the data quality and proportionate purpose principles of article 4, paragraphs 3 and 7 of Law No. 25,326.

If the conversation leads to a contractual relationship with El Parque, the data strictly necessary for such relationship will be retained for the duration of the contract and for up to 10 additional years, in accordance with applicable legal, accounting, and tax obligations (particularly article 328 of the Argentine Civil and Commercial Code; article 48 of Decree 1397/1979 implementing Law No. 11,683; and the statute of limitations under article 56 of Law No. 11,683).

Encrypted backups are rotated on a quarterly basis, with a maximum retention of 90 days.

10. Conversation isolation

Each conversation with Ernesto is independent and isolated. We do not share message content with other users of the service or cross information between different data subjects. We do not transfer personal data to third parties for their own purposes, nor do we use it to build commercial profiles intended for transfer.

11. Data subject rights

Pursuant to articles 13 to 20 of Law No. 25,326 and related regulations, you have the right to:

  • Access: know which of your data we process, its purpose and recipients. We respond within a maximum of ten (10) calendar days from the formal request (art. 14.2 of Law No. 25,326).
  • Rectification, update and deletion: request that we correct, complete or delete inaccurate, outdated data, or data whose processing is no longer necessary. Maximum response time: five (5) business days (art. 16.1 of Law No. 25,326).
  • Objection: object to processing on reasoned grounds relating to your particular situation.
  • Withdrawal of consent: withdraw at any time the consent given, without retroactive effect.
  • Portability (best practice): request a copy of your data in a structured and commonly used format, where technically feasible. While Law No. 25,326 does not expressly provide for this right, we observe it as a best practice inspired by article 20 of the GDPR.
  • Not to be subject to solely automated individual decisions with legal or similarly significant effects without human intervention (see section 12).

To exercise any of these rights, email us at info@elparquefactory.com from a reasonably identifiable contact (for example, from the same WhatsApp number you used with Ernesto). We may request minimum information to verify your identity before processing the request.

You also have the right to file complaints and claims before the Agencia de Acceso a la Información Pública (AAIP), located at Av. Pte. Gral. Julio A. Roca 710, 2nd floor, City of Buenos Aires, website www.argentina.gob.ar/aaip.

12. Human intervention and challenge of automated decisions

Ernesto generates its responses in an automated manner through artificial intelligence models. In accordance with the principles set forth by the AAIP in Resolution 161/2023 on automated processing:

  • You have the right to request the intervention of a human from El Parque's team at any moment of the conversation.
  • You have the right to express your point of view and to challenge an automated response you consider incorrect or harmful.
  • Requests for human review may be submitted through the same WhatsApp channel or by email at info@elparquefactory.com.

Ernesto does not make individual decisions with legal effects on the data subject; its responses are informational and subject to subsequent review and confirmation by El Parque's human team whenever they lead to a commercial relationship.

13. Data deletion

You may request full deletion of your data by writing to info@elparquefactory.com, indicating the WhatsApp number associated with your contact with Ernesto. We process requests within the statutory period of five (5) business days (art. 16.1 of Law No. 25,326) and confirm deletion by the same channel.

We may retain only the minimum data necessary to evidence compliance with the request, or such data as the law requires us to keep.

14. Minors

The service is not intended for users under 18 years of age. Specifically:

  • Under 13: we do not knowingly collect data from children under 13. If we become aware of such a case, we proceed to immediate deletion of their data.
  • Between 13 and 17: pursuant to article 26 of the Argentine Civil and Commercial Code, adolescents have limited legal capacity. Processing of their data requires authorization from their legal representatives. If we notice such authorization is absent, we suspend the processing and delete the data.
  • 18 and over: you may grant full consent on your own.

If you are a legal representative of a minor and believe their data has been processed without your authorization, please email info@elparquefactory.com and we will proceed with deletion.

15. Changes to this policy

We may update this Privacy Policy to reflect legal, operational, or technological changes. The “last updated” date at the top of the document reflects the active version. When changes are material, we will notify you through the same WhatsApp channel at the registered number, with reasonable notice prior to their entry into force, allowing you to withdraw consent before such date if you do not agree.

16. Contact

For any inquiry, exercise of rights or complaint related to this policy:

This policy is governed, among others, by the following regulations:

  • Law No. 25,326 on the Protection of Personal Data and its implementing Decree 1558/2001.
  • AAIP Resolution 47/2018 (security measures and incident notification).
  • AAIP Resolution 14/2018 (interpretative criteria on consent and related matters).
  • AAIP Resolution 161/2023 and the Guide for public and private entities on responsible AI (AAIP, 2024) (principles on automated processing and artificial intelligence).
  • DNPDP Disposition 60/2016 (model contracts for international data transfers) and AAIP Resolution 198/2023 (complementary Standard Contractual Clauses).
  • Argentine Civil and Commercial Code, in particular regarding capacity and personal data protection.

As an additional best practice, and in consideration of international users, we also observe the principles of the EU General Data Protection Regulation (GDPR — Regulation (EU) 2016/679) as a reference framework, without thereby submitting to its specific jurisdiction.