PERSONAL INFORMATION PROCESSING POLICY
In compliance with the provisions contained in Article 15 of the Political Constitution, Law 1581 of 2012, Regulatory Decree 1377 of 2013, and other regulations that modify, add to, complement or develop it, the company MARIA ELENA VILLAMIL & CÍA S.A.S, hereinafter referred to as MARIA ELENA VILLAMIL & CÍA S.A. S, committed to respecting and guaranteeing the rights of its clients, suppliers, employees and third parties in general, hereby informs you of the policies and procedures for the processing of personal data that are stored and guarded in our database, which are mandatory in all activities involving, in whole or in part, the collection, storage, use, circulation and/or transfer of such information.
This Policy on the Treatment of Personal Information is compulsory for MARIA ELENA VILLAMIL & CÍA S.A.S, in its capacity as manager, as well as for all the companies that are allied to it, subsidiaries or that form part of its business group.
The present Policy of Treatment of the personal information has its normative support in the article 15 of the Political Constitution, in the Law 1581 of 2012, regulatory Decree 1377 of 2013, which they arrange:
– All persons have the right to their personal and family privacy and to their good name, and the State must respect them and ensure that they are respected. Similarly, they have the right to know, update and rectify the information that has been collected about them in data banks and archives of public and private entities.
In the collection, processing and circulation of data, the freedom and other guarantees enshrined in the Constitution shall be respected.
Correspondence and other forms of private communication are inviolable. They may only be intercepted or recorded by means of a court order, in the cases and with the formalities established by law.
For tax or judicial purposes and in cases of inspection, surveillance and intervention by the State, the presentation of accounting books and other private documents may be required, under the terms established by law”.
– Statutory Law 1581 of 2012 “Whereby general provisions are issued for the protection of personal data”.
– Regulatory Decree 1377 of 2013 “By which Law 1581 of 2012 is partially regulated”.
GENERAL INFORMATION ON MARIA ELENA VILLAMIL & CÍA S.A.S AS A DATA PROCESSOR
Company name: MARIA ELENA VILLAMIL & CÍA S.A.S
Address: Cali – Valle del Cauca
PURPOSE OF THE PERSONAL DATA PROCESSING POLICY
The purpose of the Personal Data Processing Policy is to develop and inform the general public about the corporate and legal guidelines under which MARIA ELENA VILLAMIL & CÍA S.A.S. processes personal data, the purpose of the processing, the rights of the data subjects, as well as the internal and external procedures that exist for the exercise of such rights before MARIA ELENA VILLAMIL & CÍA S.A.S, among others.
For the purposes of implementing this policy and in accordance with legal regulations, the following definitions shall apply:
Authorization: Prior, express and informed consent of the Data Subject to carry out the Processing of personal data;
Data Base: Organized group of personal data that is the object of Processing;
Holder: Natural person whose personal data is the object of Processing, whether it is a customer, supplier, employee, or any third party that, due to a commercial or legal relationship, provides personal data to MARIA ELENA VILLAMIL & CÍA S.A.S
Processing: Any operation or set of operations involving personal data, such as the collection, storage, use, circulation or deletion
Personal data: Any information linked or likely to be linked to one or more specific or identifiable natural persons;
Public data: Data that is not semi-private, private or sensitive. Public data are, among others, data relating to the marital status of individuals, their profession or trade and their status as traders or public servants. By its nature, public data may be contained, among others, in public registers, public documents, official gazettes and gazettes and duly executed court rulings that are not subject to reservation.
Sensitive data: Sensitive data is defined as data that affects the privacy of the Data Subject or whose improper use may lead to discrimination, such as data revealing racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in trade unions, social organizations, human rights or promoting the interests of any political party or guaranteeing the rights and guarantees of opposition political parties, as well as data relating to health, sex life, and biometric data.
Transfer: The transfer of data takes place when the person responsible for and/or in charge of the processing of personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is the person responsible for the processing and is located inside or outside the country.
Transmission: Treatment of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when it has as its object the carrying out of treatment by the person in charge on behalf of the person in charge.
When a term used is defined in this Policy of information processing, it will be to that definition. Likewise, when a term used is not expressly defined in this document or in the applicable Law, the literal meaning of the stipulations shall be applied, provided that such interpretation is consistent with the purpose of the Information Processing Policy.
PRINCIPLES GOVERNING THE HANDLING OF PERSONAL DATA BY MARIA ELENA VILLAMIL & CÍA. S.A.S
The principles governing the processing of personal data by MARIA ELENA VILLAMIL & CÍA S.A.S. are as follows
Principle of legality: the Processing of personal data is a regulated activity that must be subject to the provisions of Law 1581 of 2012, Decree 1377 of 2013 and other provisions that develop them.
Principle of purpose: The purpose of the processing must be legitimate, and the owner must be informed.
Principle of reasonable limit: The storage and processing of personal data shall be limited to what is essentially necessary to fulfill the previously specified purposes of the business relationship, as well as the fulfillment of the purposes authorized by the Data Subject.
Principle of freedom: Personal data may only be processed with the prior, express and informed consent of the Data Subject or by legal or judicial mandate.
Truthfulness principle: the information must be true, complete, exact, updated, verifiable and understandable.
Principle of transparency: the Holder’s right to obtain information about his/her personal data processed by MARIA ELENA VILLAMIL & CÍA S.A.S. must be guaranteed.
Principle of Access and restricted circulation: the Processing may only be carried out by persons authorised by the Data Subject or by the persons provided for by the Law.
Principle of Security: the information must be handled with the necessary measures to provide security to the records and avoid their adulteration, loss, consultation, unauthorized or fraudulent use or access.
Principle of Confidentiality: personal data that are not of a public nature are reserved and may only be provided under the terms of the Law.
Principle of systematic incorporation: the principles of Personal Data Protection will be implemented in all processes and procedures of the commercial activity of MARIA ELENA VILLAMIL & CÍA S.A.S
RIGHTS OF THE HOLDERS OF PERSONAL DATA
To know, update and rectify your personal data in front of the Data Processors or Persons in Charge of the Processing. This right may be exercised, among others, against partial, inaccurate, incomplete, fractionated, or misleading data, or data whose processing is expressly prohibited or has not been authorized;
Request proof of the authorization granted to the Data Controller, except when expressly exempted as a requirement for processing, in accordance with the provisions of Article 10 of this law;
To be informed by the Data Controller or the person in charge of the processing, upon request, of the use that has been made of their personal data;
To submit to the Superintendence of Industry and Commerce complaints for violations of the provisions of the present law and other regulations that modify, add or complement it;
Revoke the authorization and/or request the deletion of the data when the processing does not respect the constitutional and legal principles, rights and guarantees. The revocation and/or suppression will proceed when the Superintendence of Industry and Commerce has determined that in the Treatment the Responsible or in charge has incurred in conducts contrary to this law and the Constitution;
Access free of charge to their personal data that have been subject to processing.
AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA
MARIA ELENA VILLAMIL & CÍA S.A.S, acting as the Data Processing Manager, has adopted procedures to request, at the latest at the time of collection of your personal data, your authorisation for the Processing of such data and to inform you of the personal data that will be collected, as well as of all the specific purposes of the Processing for which your consent is obtained.
It will be understood that the Holder has given MARIA ELENA VILLAMIL & CÍA S.A.S Authorisation for the Processing of his or her personal data when this is expressed: (i) in writing; (ii) orally; or (iii) by means of unmistakable conduct on the part of the Data Subject which leads to the reasonable conclusion that he/she has granted MARIA ELENA VILLAMIL & CÍA S.A.S the respective authorisation. In no case shall silence be understood as an unequivocal conduct.
However, the above, the Holder’s authorization will not be necessary when it is a question of (i) Information required by a public or administrative entity in the exercise of its legal functions or by court order; (ii) Data of a public nature; (iii) Cases of medical or health emergency; (iv) Processing of information authorized by law for historical, statistical or scientific purposes; and (v) Data related to the Civil Registry of Persons.
Revocation of authorization and/or deletion of data
The Owner of the personal data may at any time request MARIA ELENA VILLAMIL & CÍA S.A.S as the Person in Charge of the Processing, the deletion of his/her personal data and/or revoke the authorization he/she has granted for the Processing of the same, by submitting a claim, in accordance with the provisions of Article 15 of Law 1581 of 2012.
However, we warn that the request for the deletion of the information and/or the revocation of the authorization will not proceed when as the Owner of the personal data you have a legal or contractual duty to remain in the database of MARIA ELENA VILLAMIL & CÍA S.A.S
PURPOSE OF THE PROCESSING OF PERSONAL DATA
MARIA ELENA VILLAMIL & CÍA S.A.S will process the personal data for the following purposes:
To carry out, by any means, directly or through third parties, marketing, promotion and/or advertising activities of our own or of third parties, sales, invoicing, collection management, collection, programming, technical support, market intelligence, service improvement, verifications and consultations, control, behaviour, habit and qualification of means of payment, fraud prevention, as well as any other activity related to our products and services, both current and future, in order to fulfil the contractual obligations and our corporate purpose.
To generate optimum communication in relation to our services, products, promotions, invoicing and other activities.
Evaluate the quality of our products and services and carry out studies on consumer habits, preference, purchase interest, product testing, concept, service evaluation, satisfaction and others related to our services and products.
Provide assistance, service and technical support for our products and services.
To take the necessary steps to comply with the obligations inherent in the services provided by MARIA ELENA VILLAMIL & CÍA S.A.S
To comply with the obligations contracted with our clients, allies, users, suppliers, their subsidiaries, distributors, subcontractors and other persons directly or indirectly related to the corporate purpose of MARIA ELENA VILLAMIL & CÍA S.A.S
To control and prevent fraud in all its forms
PROCEDURE FOR DEALING WITH REQUESTS AND QUERIES RELATING TO PERSONAL INFORMATION
The Holder of the personal data or whoever is duly authorized may:
Formulate requests and consultations to know the personal information of the Holder that rests in MARIA ELENA VILLAMIL & CÍA S.A.S
Request the updating, modification, rectification or deletion of the Holder’s data, when applicable, in accordance with this Policy and the applicable Law.
To request a copy of the authorization granted by the Holder to MARIA ELENA VILLAMIL & CÍA S.A.S to carry out the Processing of his/her Personal Data. These queries may be made free of charge at least once every calendar month and whenever there are substantial modifications to the Information Processing Policies that give rise to new queries. The Data Subject or whoever is authorised to do so, may make enquiries to MARIA ELENA VILLAMIL & CÍA S.A.S about the Data Subject’s personal information through the following mechanisms:
Verbally, by calling the Customer Service Line in Cali: 4837470 – 4837071 ext.107 or 104
By written means, addressed to the following address: Calle 15ª Norte 8N-63 Cali, Colombia
By e-mail to the following address: email@example.com
The query will be answered within a maximum of ten (10) working days from the date of receipt. When it is not possible to answer the query within the aforementioned period, MARIA ELENA VILLAMIL & CÍA S.A.S. will inform the interested party, expressing the reasons and indicating the date on which the query will be answered, at the latest within five (5) working days following the expiry of the first period.
PROCEDURE FOR DEALING WITH COMPLAINTS AND WITHDRAWING PERMISSION TO PROCESS PERSONAL DATA
Through this procedure the Holder or whoever is duly authorized may:
Revoke the Authorization for Data Processing.
File claims when he/she considers that there is an alleged breach of MARIA ELENA VILLAMIL & CÍA S.A.S.’s duties related to the Processing of Personal Data, in accordance with the provisions of these Policies or the Law on the Protection of Personal Data.
Revocation of the Owner’s Authorization for the Processing of Personal Data.
The Data Subject may revoke the authorization and request the deletion of his/her data in the following events:
By unilateral, free and voluntary decision of the Personal Data Holder, when there is no legal or contractual obligation that imposes the Holder the duty to remain in the database; and when the constitutional and legal principles, rights and guarantees are not respected, provided that the Superintendence of Industry and Commerce has determined that in the Treatment the Responsible or In charge has incurred in conducts contrary to the law. The foregoing, without prejudice to the rules that MARIA ELENA VILLAMIL & CÍA S.A.S. must observe regarding the retention of documents in order to comply with formal obligations. Consequently, MARIA ELENA VILLAMIL & CÍA S.A.S shall delete the data or suspend its use when necessary, in compliance with the rules on document retention that are applicable to it.
The procedure for dealing with complaints about the Holder’s personal data is as follows:
The Owner or whoever is duly authorized to do so, may make claims to MARIA ELENA VILLAMIL & CÍA S.A.S in relation to the Processing of his/her personal data, in the following events:
When it is considered that the information of the Holder contained in a database should be corrected, updated or deleted; or when it is noticed that any of the duties contained in the Data Protection Law have been allegedly not been fulfilled.
The formulation of claims must be made through any of the following channels of attention:
Verbally by contacting the Customer Service Line in Cali: 4837470 – 4837071
By written means, addressed to the following address: Calle 15ª Norte 8N-63 Cali, Colombia
By e-mail to the following address: firstname.lastname@example.org
The claim presented by the Holder or by the authorized person must contain at least the following: (i) Identification of the Data Subject; (ii) Description of the facts giving rise to the claim; (iii) Contact details and location of the Data Subject (Address, telephone, cell phone, email, etc.); and (iv) The documents or evidence supporting the claim. If the above information is not available, it will be understood that the claim is not complete.
If the claim is incomplete, MARIA ELENA VILLAMIL & CÍA S.A.S. shall request the interested party to correct the faults or submit the information or documentation required within five (5) working days following receipt of the claim by MARIA ELENA VILLAMIL & CÍA S.A.S
After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that the claim has been withdrawn and it will be filed.
MARIA ELENA VILLAMIL & CÍA S.A.S has a term of fifteen (15) working days to attend the claim, counting from the working day following the date of receipt at MARIA ELENA VILLAMIL & CÍA S.A.S
When it is not possible to attend to the claim within the aforementioned term, MARIA ELENA VILLAMIL & CÍA S.A.S will inform the interested party of the reasons for the delay and the date on which the claim will be attended to, which may not exceed eight (8) working days following the expiry of the first term.
AREA RESPONSIBLE FOR HANDLING REQUESTS, QUERIES AND COMPLAINTS
The Customer Service area of MARIA ELENA VILLAMIL & CÍA S.A.S. is responsible for receiving requests, queries and complaints from the Owner of the Personal Data regarding his/her rights to know, update, rectify and delete the Personal Data and revoke the Authorization. Likewise, the Customer Service area will ensure that each of the areas of MARIA ELENA VILLAMIL & CÍA S.A.S responds appropriately and in a timely manner to the requests, queries and complaints of the Data Holders.
VALIDITY OF THE PERSONAL INFORMATION PROCESSING POLICY
This policy for the treatment of personal information is valid from May 3, 2019 until it is expressly revoked or modified.
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