DATA PROCESSING POLICY DOSHKA

It commits us to carry out the processing of personal data under the guiding principles of legality, purpose, freedom, veracity or quality, transparency, access and restricted circulation, security and confidentiality. That is why, in compliance with Law 1581 of 2012 and its regulatory Decree 1377 of 2013, adopts the following policy so that anybody who, in the course of their contractual or commercial activities, provide information or personal data, can know them, update them and rectify them. The scope of this Policy will be to the personal data collected or collected in the future, registered in any DOSHKA database within the framework of its economic activity, in the same way, it will be informed to its holders. This is the general information of the Company:

  • Business Name: INNOVANDO COLOMBIA S.A.S
  • ITIN: 900.411.478-5
  • Address: Calle 46 A No 1 – 61
  • Telephone: +57 2 486 22 22
  • Responsible for the processing: Official Protection of Personal Data DOSHKA
  • Email: info@doshkabelts.com
  • Website: www.doshkabelts.com

1. LEGAL FRAMEWORK 

  • Law 1266 of 2008: With regard to the general provisions of the Habeas Data and regulates the handling of the information contained in the personal databases, especially the financial, credit, commercial, services.
  • Decree 1729 of 2009: by which the way in which is determined how operators of the data banks of financial, commercial, service information and the origin of the countries, must present the information of the holders of the information.
  • Decree 2952 of 2010: With regard to articles 12 and 13 of Law 1266 of 2008.
  • Law 1581 of 2012: As regards the protection of personal data.
  • Decree 1377 of 2013: As regards the partial rules of Law 1581 of 2012.
  • Sole Regulatory Decree 1074 of 2015: By means of which the Sole Regulatory Decree of the Trade, Industry and Tourism Sector is issued, May 26, 2015. 2.
  • DEFINITIONS For the purposes of this Policy, the following definitions established by the current regulations for the protection of personal data are taken into account.
  • Authorization: Prior, express and informed consent of the title to carry out the processing of personal data. (Law 1581 of 2012).
  • Privacy notice: Verbal or written communication generated by the Responsible, addressed to the Title for the processing of your personal data, by means of which you are informed about the existence of the processing policies of the information that will correspond to you, the way to access to them and the purposes of the processing that is intended to give personal data. (Decree 1377 of 2013).
  • Database: Organized set of personal data that is subject to processing. (Law 1581 of 2012).
  • Personal data: Any information related to or that may be associated with one or several natural persons determine or determine. (Law 1581 of 2012).
  • Public data: The data that is not semi-private, private or sensitive. They are public data, among others, a civil status of people, a trade or trade and a quality of merchant or public servant. By its nature, public data can be the contents, among others, in public records, public documents, bulletins and official bulletins and court judgments must be executed and not taken into account. (Decree 1377 of 2013).
  • Sensitive data: It is understood by. Is about. Is about. It’s about data. social rights, human rights or the promises of a political party and a guarantee of the rights of citizens of politics, sexual life, sexual life, and biometric data. (Decree 1377 of 2013).
  • Responsible for the processing: Natural or legal person, public or private, which is personal data on behalf of the processing Manager. (Law 1581 of 2012).
  • Person in charge of the processing: Decision on the database and / or the processing of the data. (Law 1581 of 2012).
  • Title: Natural person (Law 1581 of 2012).
  • processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion. (Law 1581 of 2012).
  • Transfer: the transfer of data takes place when the person in charge and / or in charge of data processing person.

2. GUIDING PRINCIPLES

Following the provisions of Law 1581 of 2012, INNOVANDO COLOMBIA S.A.S, will apply the following guiding principles for the processing of personal data:

a) Principle of legality in terms of data processing: Data processing is a regulated activity that must be subject to the applicable regulations.

b) Principle of purpose: The data processing carried out by INNOVANDO COLOMBIA S.A.S, must obey a legitimate purpose in accordance with the Constitution and the Law, which must be informed to the Holder of said data.

c) Principle of freedom: Data processing can only be exercised with the prior, express and informed consent of the Holder. Personal data may not be obtained or disclosed without prior authorization, or in the absence of legal or judicial mandate that reveals the consent.

d) Principle of truth or quality: The information subject to processing must be truthful, complete, accurate, updated, verifiable and understandable. The processing of partial, incomplete, fractioned or misleading data is prohibited.

e) Principle of transparency: In the processing of personal data INNOVANDO COLOMBIA SAS, guarantees the right of the Holder to obtain from the Person in responsible of the processing or the Person in Charge of the processing, at any time and without restrictions, information about the existence of data that they concern.

f) Principle of access and restricted circulation: The processing is subject to the limits that derive from the nature of personal data, the provisions of current regulations and the Constitution. In this sense, the processing can only be done by persons authorized by the Holder and / or by the persons provided by law. Personal data, except public information, may not be available on the Internet or other means of dissemination or mass communication, unless the access is technically controllable to provide restricted knowledge only to the Holders or authorized third parties in accordance with current regulations.

g) Principle of security: The information subject to processing by INNOVANDO COLOMBIA SAS, shall be handled with technical, human and administrative measures that are necessary to grant security to the records avoiding their adulteration, loss, consultation, use or unauthorized access or fraudulent.

h) Principle of confidentiality: All persons of INNOVANDO COLOMBIA SAS, who intervene in the processing of personal data that are not public in nature, are obliged to guarantee the reservation of information, even after the end of their relationship with any of the tasks that includes the processing, being able to only supply or communicate personal data when it corresponds to the development of the authorized activities in the current regulations.

3. RESPONSIBLE FOR THE PROCESSING

  • Business Name: INNOVANDO COLOMBIA S.A.S
  • ITIN: 900.411.478-5
  • Address: Calle 46 A No 1 – 61
  • Telephone: +57 2 486 22 22
  • Person in charge of the processing: Oficial de Cumplimiento
  • Email: info@doshkabelts.com

4. PROCESSES TO WHICH THE DATA AND THE PURPOSE OF THE SAME WILL BE SUBMITTED

INNOVANDO COLOMBIA S.A.S will process the data of employees, former employees, customers, contractors, suppliers or others with whom it has or will have established any permanent or temporary relationship, under current and applicable regulations. The personal data collected and processed in INNOVANDO COLOMBIA S.A.S, may be for:

  • Transmitting the information object of processing to different entities inherent in the legal business held such as, financial institutions, public service companies, notaries, official entities such as courts, prosecutor’s offices, comptroller, among others,
  • Carrying out promotional campaigns, commercialization and loyalty of the goods and services that are offered. As well as other projects and / or products of the Company, with the information under processing,
  • Providing the information subject to processing to third parties that are required for purposes of consolidating, promoting, verifying, loyalty and processing without limitation the aforementioned information,
  • In the case of Suppliers and Contractors, to seek, know and monitor the financial suitability, commercial profile and behavior of these to make them participate in activities, commercial campaigns, advertising and marketing related to products and services of the Company that can result of your interest,
  • The information of the resume of the candidates or employees will serve so that INNOVANDO COLOMBIA S.A.S, an opinion is formed on the qualities of the person
  • Applicants to enter INNOVANDO COLOMBIA S.A.S, who for some reason were not selected, your life sheet, will remain in our Human Resources Department for a period of 6 months, after this time that information will be destroyed
  • The data collected from employees is intended to develop the labor relations that exist with them. Among them, make them participants in the welfare activities planned by the Company
  • Sending of any telephone, electronic communication (SMS, CHAT, email and other means considered electronic, physical and / or personal, videos, images, social networks)

5. SPECIAL PROVISIONS FOR THE PROCESSING OF SENSITIVE DATA

Sensitive data may be used and processed only when INNOVANDO COLOMBIA S.A.S:

  • Informs the Owner that because it is sensitive data, he is not obliged to authorize this processing.
  • Informs the Owner of the data that will be subject to processing are sensitive and the purpose of the processing. No activity may be conditioned to the Holder providing sensitive Personal Data.

6. SPECIAL PROVISIONS 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 the provisions of Article 7 of Law 1581 of 2012 and when said processing complies with the following parameters and Requirements:

  1. That responds and respects the best interests of children and adolescents.
  2. That the respect of their fundamental rights be ensured. Once the above requirements have been met, the legal representative of the child or adolescent will grant the child’s previous authorization to exercise their right to be heard, an opinion that will be assessed taking into account the maturity, autonomy and ability to understand the matter. All responsible and in charge involved in the processing of the personal data of children and adolescents, must ensure the proper use of them. For this purpose, the principles and obligations established in Law 1581 of 2012 and Decree 1377 of 2013 must be applied.

7. AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA

The authorization to INNOVANDO COLOMBIA S.A.S, for the processing of personal data will be granted by:

  • The owner, who must prove his identity sufficiently by the different means available to him. INNOVANDO COLOMBIA S.A.S.
  • EThe representative and / or agent of the owner, after accreditation of the representation or empowerment.
  • Another person in favor or for which the owner has stipulated.

7.1 Means to grant authorization INNOVANDO COLOMBIA SAS will obtain the authorization through different ways, among them the physical or electronic document, or in any other format that in any case allows the obtaining of consent through unambiguous behaviors through which it is concluded that not having been supplied by the owner or the person legitimated to do so, the data would not have been stored or captured in the database. The authorization will always be requested by INNOVANDO COLOMBIA S.A.S, prior to the processing of personal data.

7.2. Proof of the authorization In INNOVANDO COLOMBIA SAS, the proof of the authorization granted by the holders of the personal data for its processing will be preserved, making sure to keep the records checked and fully identified, whether physical or digital, by this means, INNOVANDO COLOMBIA SAS, complies with the Demonstrated Responsibility against the Processing of Personal Data (Article 26 and 27 Decree 1377/2013).

7.3. Revocation of the authorization. Holders of personal data may, at any time, revoke the authorization granted to INNOVANDO COLOMBIA S.A.S, for the processing of their personal data or request the deletion of the same, as long as it is not prevented by a legal or contractual provision. INNOVANDO COLOMBIA SAS, makes available to the owner of personal data, free and easily accessible mechanisms, so you can revoke your authorization or request the deletion of your personal data or the revocation of the authorization granted (See section 11 Procedures for the exercise of rights).

8. CASES WHERE AUTHORIZATION IS NOT REQUIRED

In accordance with Law 1581 of 2012, the Holder’s authorization will not be necessary in the case of:

a) Information required by a public or administrative entity in the exercise of its legal functions or by court order;

b) Data of a public nature;

c) Medical or sanitary emergency cases;

d) Processing of information authorized by law for historical, statistical or scientific purposes;

e) Data related to the Civil Registry of People.

9. RIGHTS OF THE INFORMATION HOLDER

Complying with the provisions of Law 1581 of 2012, below, the rights of the holders of personal data are listed:

a) Access, know, update and rectify your personal data against INNOVANDO COLOMBIA S.A.S, in its capacity as responsible for the processing. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose processing is expressly prohibited or has not been authorized.

b) Request proof of the authorization granted to INNOVANDO COLOMBIA S.A.S, for the processing of data, by any valid means, except in the cases in which the authorization is not necessary. (See numeral 9. Cases in which authorization is not required).

c) Be informed by INNOVANDO COLOMBIA S.A.S, upon request, regarding the use that has been given to your personal data.

d) Present before the Superintendency of Industry and Commerce, complaints for infractions to the provisions of law 1581 of 2012 and the other rules that modify, add or complement it, after processing the request or request to INNOVANDO COLOMBIA S.A.S.

e) Revoke the authorization and / or request the deletion of the data when the processing does not respect the principles, rights and Constitutional and legal guarantees.

f) Access free of charge to your personal data that has been processed by INNOVANDO COLOMBIA S.A.S.

These rights may be exercised by:

  • The owner, who must prove his identity sufficiently by the different means available to him. INNOVANDO COLOMBIA S.A.S.
  • The titleholders of the owner, who must prove such quality.
  • The representative and / or agent of the owner, after accreditation of the representation or empowerment.
  • Another person in favor or for which the owner has stipulated.

10. PROCEDURES FOR THE EXERCISE OF THE RIGHTS OF THE HOLDER

The Owners of the Personal Data that are being processed by DOSHKA may at any time exercise their rights to know, update, rectify and delete information and revoke the authorization, provided that it is not prevented by a legal or contractual provision.

10.1. Consultations: Holders or their successors can consult the information of personal data that rests in DOSHKA. To this end, the following mechanisms have been established:

  • Communication addressed to INNOVANDO COLOMBIA S.A.S, Administrative Area, Calle 46 A No 1 – 61 Santiago de Cali
  • Application submitted to the email info@doshkabelts.com
  • Provision of the “Personal Data Requests” format at the facilities of INNOVANDO COLOMBIA S.A.S, Calle 46 A No 1 – 61 Santiago de Cali.
  • The consultation will be attended within a maximum term of ten (10) business days counted from the date of receipt of the same. When it is not possible to attend the query within that term, INNOVANDO COLOMBIA SAS, inform the interested party, stating the reasons for the delay and indicating the date on which your inquiry will be attended, which in no case may exceed five (5) days Skillful following the expiration of the first term.
  • The Holder may consult their personal data free of charge: (i) at least once each calendar month, and (ii) whenever there are substantial modifications to the Information Processing Policies that motivate new consultations.

10.2. Claims (Updating, Rectification, Suppression or Revocation) The Holder or his successors in title who consider that the information contained in a database must be corrected, updated or deleted, when it considers that the authorization must be revoked or when they notice the alleged breach of any of the duties contained in the applicable current regulations, may file a claim with INNOVANDO COLOMBIA SAS, which will be processed under the following rules:

  1. The claim will be formulated by means of a request addressed to INNOVANDO COLOMBIA S.A.S, through any of the following mechanisms:
    • Communication addressed to INNOVANDO COLOMBIA S.A.S, Administrative Area, Calle 46 A No 1 – 61 Santiago de Cali
    • Application submitted to the email info@doshkabelts.com.
    • Filling in of the “Personal Data Requests” format at the facilities of INNOVANDO COLOMBIA S.A.S, Calle 46 A No 1-61 Santiago de Cali.
  2. The claim will be formulated with the identification of the Holder, the description of the facts that give rise to the claim, the address, and accompanying the documents you want to assert. If the claim is incomplete, the interested party will be required within five (5) days after receipt of the claim to correct the faults. 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 abandoned. In case the person who receives the claim is not competent to resolve it, it will transfer to the corresponding one in a maximum term of two (2) business days and inform the interested party of the situation.
  3. Once the complete claim has been received by INNOVANDO COLOMBIA S.A.S, a legend that says “claim in process” and the reason for it will be included in the database in a term not exceeding two (2) business days. This legend must be maintained until the claim is decided.
  4. The maximum term to attend the claim will be fifteen (15) business days from the day following the date of receipt by INNOVANDO COLOMBIA SAS, when it is not possible to meet the claim within that term, the interested party will be informed the reasons for the delay and the date on which your claim will be handled, which in no case may exceed eight (8) business days following the expiration of the first term.

11. VALIDITY

These guidelines for the processing of personal information are effective as of October 31, 2016. The validity of the Databases will be the reasonable and necessary time to fulfill the purposes of the processing, taking into account the provisions of Article 11 of Decree 1377 of 2013.