POLICIES OF COLLECTION AND TREATMENT OF PERSONAL DATA
EFFITECO S.A.S. NIT 900.891.032
Based: Medellín – Colombia
Address: 67 Street N. 52 – 20 Office 4012 Tower A, Ruta N Complex
Landline: (4)516 77 70 ext. 1059
Below is the policy for the collection and processing of personal data in accordance with Statutory Law 1581 of 2012. EFFITECO S.A.S., taking into account its status as data controller, allows the present text to be formulated in order to give compliance with the current regulation and define the framework for the attention of queries and complaints about the treatment of the personal data collected and managed in relation to the Kaptar System.
The right to the Habeas Data in accordance with the law is that every person has to know, update and rectify the information that has been collected about them in files and databases of public or private nature and with it is guaranteed to all citizens power of decision and control over their personal information, in this sense, EFFITECO S.A.S. proceeds to define these policies taking into account that for the development of the Kaptar System object, it is continually collecting and processing personal data.
By virtue of this policy we are committed to make use of the data based on a policy of privacy and treatment of personal information, in which we express our responsibility to collect, store and develop any activity in which we include personal data. In this policy we also express the rights that each user has to know, update, rectify and revoke the databases of EFFITECO S.A.S. their personal data related to the Kaptar System. In this way, we comply with Law 1581 of 2012.
- Authorization: Prior, express and informed consent of the Holder to carry out the processing of personal data. b) Database: Organized set of personal data that is subject to Treatment. c) Personal data: Any information linked to or associated with one or more specific or determinable natural persons. d) Person in Charge of Treatment: Natural or juridical person, public or private, that by itself or in association with others, carries out the Treatment of personal data on behalf of the Responsible of the Treatment. e) Responsible for the Treatment: Natural or juridical person, public or private, that by itself or in association with others, decides on the database and / or the Treatment of the data. f) Owner: Natural person whose personal data are subject to Treatment. g) Treatment: Any operation or set of operations on personal data, such as collection, storage, use, circulation or suppression.
In this policy, EFFITECO S.A.S. defines the general guidelines that are taken into account for the purpose of protecting the Personal Data of Users of the Kaptar System, the purpose of collecting the information, the rights of Users, area responsible for handling complaints and claims, as well as Procedures that must be exhausted to know, update, rectify and suppress the information.
- AREA OF APPLICATION
This Manual applies to all personal databases held by EFFITECO S.A.S., the Kaptar System and Personal Data Processing Managers acting on behalf of the company, in this way they will be applicable to the personal data registered In any database that makes them susceptible of Treatment by EFFITECO S.A.S., with the limitations and restrictions that the Law establishes, and as long as it is not of public information.
- PURPOSE OF THE DATABASE
EFFITECO S.A.S. in the development of the Kaptar System object and its relations with third parties, be understood by these users, employees, suppliers, creditors, among others; constantly collects data to carry out various purposes and uses within which the following may be framed and that by accepting this policy you expressly authorize:
- Maintain contact with each User to inform them about events, services, promotions, programs, competitions, campaigns, loyalty programs, logistics of prizes and contents related to the activities he develops for its different audiences, in order to maintain a bond close and reliable with each one.
- Administrative, commercial, promotional, informative, marketing and sales purposes.
- Offer all kinds of commercial services; as well as carry out promotional campaigns, marketing, advertising, contests.
- Information of events, services and logistics of awards remittances.
- Search for a closer knowledge with all its users, suppliers, employees and related third parties.
- Implement loyalty programs.
- Prepare market studies to establish consumer preferences.
- Advance trade agreements, events or institutional programs directly or in partnership with third parties.
- Georeferencing activities and statistical studies.
- Send information about activities developed by EFFITECO S.A.S., related to the Kaptar System, or sending information that is considered of interest through different means.
- To fulfill the legal obligations of information to the administrative entities, as well as to the competent authorities that so require.
- Share with third parties who collaborate with the Kaptar System and who, for the fulfillment of their functions, must access information to some extent, such as courier service providers, advertising agencies, collection houses, pension funds and layoffs, banking entities, among others.
- Conduct the consultation and reporting of obligations to credit risk centers.
- Execute the contracts that the User has with the Kaptar System.
- Support the audit processes of the Kaptar System.
- Prevent fraud and other activities illegal or prohibited by the laws of the Republic of Colombia and / or international laws.
- Any other purpose will result in the development of the contract or the business relationship between EFFITECO S.A.S. and the Kaptar User. In connection with the foregoing, EFFITECO S.A.S., on behalf of the Kaptar System may perform the following actions: Obtain, store, compile, exchange, update, collect, process, reproduce and / or dispose of the data or partial or total information of those Users that grant the proper authorization in the terms required by Law and in the formats that for each If it deems convenient.
- Sort and separate the information provided by the Kaptar User of the data. Conduct research, compare, verify and validate the data obtained in due form with credit risk centers with which they have commercial relations.
- Extend the information obtained under the terms of the law of habeas data to the companies with which it contracts the services of capture, storage and management of its previous databases the due authorizations that in that sense obtains.
- Transfer the data or partial or total information to your trading establishments, companies and / or affiliated entities.
In some occasions we may share your personal information with related companies and / or third parties to carry out the development of the Kaptar System object, for the development of promotional events or to publicize the activities carried out by the Kaptar System. Share your information if EFFITECO S.A.S. believes it is reasonably necessary to protect itself, protect any of its users or the general public. Except as described above, EFFITECO S.A.S. will never disclose your Personal Information to any third party for marketing and / or advertising purposes, unless you have given your express consent for such purposes.
Among the information we keep is your name, cell phone, address, citizenship card number, email address, date of birth, profession among others, which are requested during the processes and different activities that we develop.
On the other hand, EFFITECO S.A.S. registers for statistical purposes, measurement, control and improvement in performance, information regarding the actions carried out by its users; It is located and is not limited to visits to our mobile websites or applications, including visits to pages, the time spent on them, selected links, search terms entered, and any other actions you take to connect to The website of EFFITECO S.A.S.; The Internet Protocol (IP), browser type and language, access times, Uniform Resource Identifier (URI) of the website from which you accessed our site and the URL that browses outside our site if you select a Link to our site.
By receiving newsletters or e-mail promotions from the Kaptar System, we store statistical information, through the use of custom links or similar technologies, to determine whether the e-mail was opened and the selections of the links. These data are used to help determine the usability and efficiency of our communications and to constantly improve them to ensure that information is tailored to your preferences and needs.
- TREATMENT OF PERSONAL DATA
In accordance with Law 1581 of 2012 and in accordance with authorizations issued by the owners of the information, EFFITECO S.A.S. perform operations including data collection, storage, use, circulation and / or suppression.
This data process will be done exclusively for the Kaptar System, the purposes authorized and foreseen in this Policy.
In the same way, personal data will be processed when there is a legal or contractual obligation to do so.
- RIGHTS OF THE PERSONAL DATA HOLDERS
Any process that involves the treatment by any area of EFFITECO S.A.S., of personal data of users, suppliers, employees and in general any third party with which EFFITECO S.A.S. maintains commercial and labor relations must take into account, the rights that assist this holder of the data, which are listed below:
- a) Know, update, rectify and consult your personal data at any time in front of EFFITECO S.A.S. In relation to the Kaptar System or Data Processing Managers. This right may be exercised, inter alia partial data, inaccurate, incomplete, fractioned, misleading, or those whose Treatment is expressly prohibited or has not been authorized.
- b) Request proof of authorization granted to EFFITECO S.A.S., or any other that the holder of the Personal Data subscribes for this purpose, except when expressly excepted as a requirement for the Processing of data in accordance with the law.
- c) To be informed by EFFITECO S.A.S., or the Manager of the Treatment, at the request of the holder of the data, regarding the use that has been given to them.
- d) Submit to the Competent Authority complaints for violations of the provisions of the law and other rules that modify, add or complement, to assert their right to Habeas Data in front of the company.
- e) To revoke the authorization and / or to request the suppression of the data when in the Treatment the principles, rights and constitutional and legal guarantees are not respected. The revocation and / or suppression shall proceed when the Superintendency of Industry and Commerce has determined that in the Treatment, the Person in Charge has engaged in conduct contrary to law 1581 of 2012 and to the Constitution.
- f) Free access to Personal Data that have been processed, for which the company is responsible for the safe and reliable storage and archiving of the authorization forms of each of the duly granted personal data holders.
CASES IN WHICH EFFITECO S.A.S. IT DOES NOT REQUIRE AUTHORIZATION FOR THE TREATMENT OF THE DATA IT HAS IN ITS POWER
- When the information is requested from EFFITECO S.A.S. by a public or administrative entity that is acting in the exercise of its legal functions or by judicial order.
- In the case of data of a public nature because they are not protected by the scope of the standard.
- Duly verified medical or health emergency events.
- In those events where information is authorized by law to meet historical, statistical and scientific purposes.
- In the case of data related to the civil registry of persons because this information is not considered as a data of a private nature.
AREA RESPONSIBLE FOR THE ATTENTION OF PETITIONS, CONSULTATIONS AND CLAIMS
If you want EFFITECO S.A.S. to remove you from the databases of the Kaptar System, express it directly, expressly, unequivocally and in writing, to the email: email@example.com or you can request a telephone communication, sending your contact number to the same email. If it does not express its interest to withdraw from the databases, EFFITECO S.A.S. to continue the treatment of them, in accordance with what is established in article 10 of Decree 1377 of 2013.
The requests, consultations and claims made by the holders of Personal Data under Treatment of EFFITECO S.A.S. to exercise their rights to know, update, rectify and delete data, or revoke the authorization must be addressed to the mail already indicated.
Each and every one of the queries or complaints must be placed in an electronic text or in a physical communication, that is, the possibility of formulating a query or complaint in a verbal or telephone manner is excluded.
Once received by EFFITECO S.A.S., the query or complaint will be filed on the date, day and time of its receipt and the terms of response and procedures set forth by Law 1581 of 2012 will be applied.
TO WHOM EFFITECO S.A.S. MAY DELIVER INFORMATION WITHOUT REQUIRING AUTHORIZATION OF THE DATA HOLDERS
- To the data owners, their heirs or representatives at any time and through any means when requested to EFFITECO S.A.S.
- To the judicial or administrative entities in exercise of functions that raise some requirement to the company so that the information is given to them.
- To third parties that are authorized by any Law of the Republic of Colombia.
- To third parties to whom the data subject expressly authorizes to deliver the information and whose authorization is given to EFFITECO S.A.S.
For the processing of personal data by EFFITECO S.A.S., in representation of the Kaptar System, the prior, informed and express authorization of the Holder is required, which must be obtained by any written, physical or electronic means that may be subject to further consultation; without prejudice to the exceptions provided for by law.
EFFITECO S.A.S. at the moment of requesting the authorization holder, must inform clearly and expressly the purpose for which the personal data is collected, the treatment to which personal data will be submitted, the rights of the holder and the means through which he can exercise them .
EFFITECO S.A.S. will keep proof of such authorizations in an appropriate manner, respecting the principles of confidentiality and privacy of the information.
In the event that EFFITECO S.A.S. in representation of the Kaptar System, significantly change the statement presented here or the way in which you use your Personal Information, this will be published by notice before the application of the new conditions. All modified terms will automatically take effect five (5) days later of the appearance of a notice on our website.
- PROCEDURES FOR THE EXERCISE OF THE RIGHTS OF THE INFORMATION HOLDERS
The holders of Personal Data, regardless of the type of relationship they have with EFFITECO S.A.S., may exercise their rights to know, update, rectify and suppress information and / or revoke the authorization granted in accordance with the following procedures:
- a) Procedure for requesting proof of authorization granted
The request will be filed through the contact details mentioned here, indicating at least the full name of the holder of the information and their identification number, place or physical or electronic address to which the answer will be given.
Once the request has been received, a copy of the authorization will be sent, within fifteen (15) working days from the day following the date of receipt of the request. When it is not possible to attend to it within that term, the interested party shall be informed of the reasons for the delay and the date on which it will be attended; in no case may exceed eight (8) business days following the expiration of the first term.
- b) Procedure for updating information
The owner of the Personal Data that is interested in updating the information supplied and under treatment by EFFITECO S.A.S. or the Treatment Manager may send the updated information through any of the channels established for this purpose such as the website, email address of the area in charge of the Processing of Personal Data.
- c) Procedure for rectification and deletion of information and / or revocation of authorizations
When the holder of the information intends to rectify, delete and / or revoke authorizations for the Processing of Personal Data, he / she shall submit a request in accordance with the following:
- The application must be submitted through the contact details mentioned here, with the identification of the Holder, the description of the facts that give rise to it, the address and if it is the case, accompanying the supporting documents that they want to do to worth. If the request is incomplete, the interested party will be required within five (5) days of receipt of the request to remedy the faults. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that he has withdrawn from it.
- In the event that the person receiving the request is not competent to resolve it, it will transfer to whom it corresponds in a maximum term of two (2) business days and will inform the interested party.
- Once the complete application has been received, a legend that says «Claim in process» and the reason for it, in a term no longer than five (5) business days, will be included in the database. This legend must be maintained until the application is decided.
- The maximum term to attend the request will be ten (10) business days from the day following the date of receipt. When it is not possible to attend to it within that term, the interested party will be informed of the reasons for the delay and the date on which his request will be attended, which in no case may exceed eight (8) business days following the expiration of the first term.
It is essential to note that the request for deletion of the information and the revocation of authorization, will not proceed when Holder has a legal or contractual duty with EFFITECO S.A.S.
- OBLIGATIONS OF EFFITECO S.A.S.
EFFITECO S.A.S. recognizes that the personal data are the property of the owners of the same and that only such persons can decide on these. In this sense, it will make exclusive use for those purposes for which it is authorized under the terms of the law and for the sake of the foregoing it is permitted to inform the duties it assumes as the person in charge of the treatment:
- A) Guarantee the Owner, at all times, the full and effective exercise of their rights.
- B) EFFITECO S.A.S. should seek the means through which to obtain the express authorization by the holder of the data to perform any type of treatment and keep a copy of said authorization.
- C) EFFITECO S.A.S. must inform in a clear and express way to its users, employees, suppliers and third parties in general of those who obtain data, the treatment to which they will be subjected, the purpose of said treatment and the rights that assist him by virtue of the authorization granted. For this, EFFITECO S.A.S. should design the strategy through which for each event, mechanics or request for data to be made, will inform them of the respective treatment in question. Some of these media can be the sending of emails, text messages, filling out physical formats, through the https://kaptarnosmueve.com/ website, among others.
- D) EFFITECO S.A.S. must inform the holders of the data for each case, the facultative character of responding and granting the respective requested information.
- E) In all cases in which data is collected, the rights that assist all the holders with respect to their data must be informed.
- F) Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
- G) EFFITECO S.A.S. must inform the identification, physical or electronic address and telephone number of the person or area that will be the person in charge of the treatment.
- H) EFFITECO S.A.S. must guarantee at all times the holder of the information, the full and effective exercise of the right to habeas data and petition, ie the possibility of knowing the information that exists or reposes in the database, request the update or Correcting data and processing queries, all of which will be done through the consultation mechanisms or claims provided in this manual.
- I) EFFITECO S.A.S. must keep with due security the records of personal data stored to prevent its deterioration, loss, alteration, unauthorized or fraudulent use and periodically and timely update and rectification of the data, whenever the owners of the same report news or applications.
- J) Ensure that the information provided to the Complainant is truthful, complete, accurate, up-to-date, verifiable and understandable.
- K) Update the information, communicating in a timely manner to the Treatment Manager, all the new information regarding the data previously provided to him and take the other measures necessary to keep the information provided updated.
- L) To rectify the information when it is incorrect and to communicate the pertinent thing to the Person in charge of the Treatment.
- M) To supply to the Treatment Manager, as the case may be, only data whose Treatment is previously authorized in accordance with the provisions of this Manual.
- N) Require the Treatment Manager at all times, the respect to the conditions of security and privacy of the information of the Holder.
- O) To process the consultations, claims and requests formulated in the terms indicated in the Law or in this Manual.
- P) Adopt an internal Manual of policies and procedures to guarantee the adequate compliance with Law 1581 of 2012 and in particular, for the attention of consultations, claims and requests.
- Q) Inform the Data Processing Officer when certain information is being discussed by the Holder, once the application has been submitted and the respective process has not been completed.
- R) Inform, at the request of the Owner, about the use given to his data.
- S) Inform the data protection authority when there are violations of security codes and there are risks in the administration of the information of the Holders.
- T) Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.
PERIOD OF VALIDITY OF THE DATABASES
The databases of EFFITECO S.A.S. will have a period of validity that corresponds to the purpose for which its treatment was authorized or in its absence ten (10) years.
- MECHANISMS FOR THE PROTECTION AND PRIVACY OF YOUR PERSONAL INFORMATION EFFITECO S.A.S.
EFFITECO S.A.S. undertakes to keep the information and its contents strictly confidential and stored on servers that meet the security standards necessary to prevent tampering, loss, consultation, unauthorized use or access or fraudulent access and thus ensure the exercise of the right to Habeas data. As a user, EFFITECO S.A.S. will have at all times the rights to information, rectification and cancellation of your personal data. While we strive to protect your personal information, EFFITECO S.A.S. can not 100% guarantee that the personal information or private communications that you transmit to us will always be private.
All information stored by EFFITECO S.A.S. is administered with absolute confidentiality and in accordance with the legislation in force in Colombia and the internal code of ethics of the company, including in its treatment all the security measures set out below, without prejudice to the foregoing in case it is registered, It is your responsibility to keep your password confidential.
- PERSONAL INFORMATION OF MINORS OF AGE
It is also the duty of EFFITECO S.A.S. inform you about the use and responsible treatment and protection of the data of minors, children and adolescents, for which it will be applied to the following regulations:
Article 7. Rights of children and adolescents. The Treatment will ensure respect for the prevailing rights of children and adolescents. Treatment of personal data of children and adolescents is prohibited, except for data that are public in nature.
It is the task of the State and educational institutions of all types to provide information and training to legal representatives and tutors on the possible risks faced by children and adolescents regarding the improper treatment of their personal data and to provide knowledge about The responsible and safe use by children and adolescents of their personal data, their right to privacy and protection of their personal information and that of others. The National Government shall regulate the matter, within six (6) months following the promulgation of this law.
Article 12. Special requirements for the processing of personal data of children and adolescents. The processing of personal data of children and adolescents is prohibited, except in the case of data of a public nature, in accordance with what is established in article 7 of Law 1581 of 2012 and when said Treatment complies with the following parameters and Requirements:
- That responds and respects the best interests of children and adolescents. 2. Ensure respect for their fundamental rights.
Once the above requirements have been fulfilled, the legal representative of the child will grant the child’s prior authorization for the right to be heard, an opinion that will be valued taking into account the maturity, autonomy and ability to understand the matter.
According to the Colombian Constitutional Court, the personal data of minors under 18 years of age can be treated, provided that the prevalence of their fundamental rights is not jeopardized and unequivocally responds to the realization of the principle of their superior interest, without prejudice of compliance with the above, the collection and any use of the data of minors that are registered in the databases of EFFITECO S.A.S. or requested, require the express authorization of the legal representative of the child or adolescent, these representatives to whom EFFITECO S.A.S. will facilitate the possibility that they may exercise the rights of access, cancellation, rectification and opposition of the data of their wardens.
If you are under 18 years of age, please do not enter any personal information through our website without the express consent and participation of a parent or guardian.
All responsible and person involved in the treatment of the personal data of children and adolescents, must ensure the proper use of them. To this end, the principles and obligations established in Law 1581 of 2012 and the present decree must be applied.
The family and society must ensure that those responsible and responsible for processing the personal data of minors comply with the obligations established in Law 1581 of 2012 and the present decree.