Privacy Policy

01Data controller

The controller of the database and of the processing is Momentum Incubadora de Impacto S.R.L., corporate ID 3-102-923202, with address at Avenida 53, Casa 26, San Vicente de Moravia, San José, Costa Rica, and contact email hola@momentum.cr.

02Legal framework

Personal data is processed in accordance with:

• Law No. 8968, on the Protection of Individuals with regard to the Processing of their Personal Data, and its implementing regulation, Executive Decree No. 37554-JP.
• The guidance issued by the Costa Rican Data Protection Agency (PRODHAB).
• Law No. 7786 and its implementing rules, insofar as they impose specific obligations to collect, retain and disclose information for the prevention of money laundering and terrorist financing.
• Where applicable by reason of the data subject's residence, Regulation (EU) 2016/679, the General Data Protection Regulation.

03Data we process

Depending on the type of relationship, Momentum may process the following categories of data:

04Purposes and legal bases

Data is processed solely for the following purposes:

• Responding to information and contact requests. Legal basis: the data subject's consent.
• Preparing proposals and delivering the engaged services. Legal basis: performance of the contract or of pre-contractual measures.
• Complying with due diligence, recording, retention and reporting obligations relating to ML/TF/PF prevention. Legal basis: compliance with a legal obligation. This processing requires no additional consent and cannot be objected to.
• Complying with tax, accounting, registry and corporate obligations. Legal basis: compliance with a legal obligation.
• Managing invoicing and collection. Legal basis: performance of the contract.
• Sending informational and marketing communications about Momentum's services. Legal basis: consent, revocable at any time.
• Analysing website usage and improving the browsing experience. Legal basis: consent for cookies that are not strictly necessary.

Momentum does not take automated decisions producing legal effects on data subjects, nor does it carry out profiling for that purpose.

05Informed consent

Where processing is based on consent, such consent is obtained expressly, freely, unambiguously and on an informed basis, by means of unticked opt-in boxes or equivalent statements, and is duly recorded.

Data subjects may withdraw their consent at any time, without retroactive effect, by writing to hola@momentum.cr. Withdrawal does not affect processing based on compliance with legal obligations or processing necessary for the performance of a subsisting contract.

06Sensitive data

Momentum does not request or process sensitive personal data, understood as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation, unless strictly necessary for the delivery of an expressly requested service and with the data subject's explicit consent.

07Recipients of the data

Momentum does not sell, rent or transfer personal data for commercial purposes. Data may be disclosed only to:

• Competent judicial and administrative authorities, in compliance with a legal obligation, including the General Superintendency of Financial Entities, the Costa Rican Drug Institute and its Financial Intelligence Unit, the Tax Administration and the National Registry.
• Allied professionals and firms involved in delivering the engaged service, subject to a duty of confidentiality.
• Financial institutions, notaries and service providers required to carry out the engagement.
• Technology providers acting as processors, in particular hosting, email, electronic signature and management system services, bound by contract and required to process the data solely in accordance with Momentum's instructions.

08International transfers

Some of the technology providers used by Momentum may be established outside Costa Rica. In such cases, Momentum verifies that the transfer is made to jurisdictions offering an adequate level of protection or, failing that, that the provider contractually assumes safeguards equivalent to those required by Costa Rican law.

Where the data subject resides in the European Economic Area, transfers are covered by the safeguards provided for in the General Data Protection Regulation.

09Retention periods

Data is retained for as long as strictly necessary for the purposes for which it was collected and, thereafter, for the applicable statutory limitation periods:

Once those periods have elapsed, the data is securely and irreversibly deleted or anonymised.

10Security measures

Momentum applies appropriate technical and organisational measures to protect personal data against loss, unauthorised access, alteration or improper disclosure, including encryption of communications, access control on a least-privilege basis, strong authentication, periodic backups, audit logging and staff training in data protection and confidentiality.

In the event of a security incident affecting personal data, Momentum will notify the data subjects and the competent authority on the terms and within the deadlines set out in the applicable rules.

11Cookies and similar technologies

This site uses first-party cookies that are strictly necessary for its operation, session management and security, the installation of which requires no consent. It may additionally use measurement and analytics cookies intended to understand how the site is used and to improve its content, which are installed only with the user's prior consent.

Users may accept, refuse or withdraw their consent at any time through the site's settings panel, and may configure their browser to block or delete cookies already stored. Blocking necessary cookies may affect the proper functioning of certain sections.

12Data subject rights

Data subjects may exercise the following rights free of charge:

Where the General Data Protection Regulation applies, data subjects additionally have the rights to restriction of processing and to data portability.

13Exercising rights and complaints

Requests may be addressed to hola@momentum.cr, stating the right to be exercised and enclosing a copy of an identity document allowing the applicant's identity to be verified.

Momentum will handle the request within the periods laid down by the applicable rules, informing the applicant of the decision taken and, in the event of refusal, of the grounds for it.

If data subjects consider that their rights have not been properly addressed, they may lodge a complaint with the Costa Rican Data Protection Agency (PRODHAB) or, where the General Data Protection Regulation applies, with the supervisory authority of their place of residence.

14Minors

The services and forms on this site are not directed at minors. Momentum does not knowingly collect data from minors without the authorisation of their legal representative. Where processing the data of a minor is necessary in order to deliver a service, the consent of their legal representative will be obtained and that representation duly verified.

15Marketing communications

Momentum sends informational or marketing communications only to those who have given their consent or who maintain a subsisting contractual relationship. All communications include a simple, free-of-charge unsubscribe mechanism, effective from the moment it is requested.

16Changes to this Policy

This Policy may be updated to reflect regulatory changes, new services or improvements in processing practices. The version in force shall at all times be the one published on this site, stating its update date. Where changes are material, Momentum will communicate them through the available contact channels.

17Contact

For any query relating to the processing of personal data: