POLICY OF PERSONAL DATA

  1. General aspects.
  2. Information of the person responsible for the Personal Data Processing.
  3. Definitions.
  4. Treatment.
  5. Purpose.
  6. Rights of the owners.
  7. Area responsible for the attention of requests, queries and claims related to personal data.
  8. Procedure so that the holders of the information can exercise the rights to know, update, rectify, delete the data and revoke the authorization.
  9. Validity.
  10. Modification.
  1. GENERAL ASPECTS
  2. COLARQUIM S.A.S.,with NIT: 800.226.277 – 6, is a company established and existing in accordance with the laws of the Republic of Colombia and domiciled in the city of Barranquilla with main office calle 110 # 53 – 1670 warehouse 14 and with a headquarter in the municipality of Sabaneta (Antioquia) on calle 60 Sur # 43A – 38 with telephone number (5) 3773010 and (4) 4448097 respectively. This, from now on, will be called the company, one which is committed to the protection of any information that may be associated or related to certain or determinable persons (the “personal data”), to which it has access in the development of its corporate purpose.

  3. INFORMATION OF THE PERSON RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA
  4. In the event that any person has any kind of request related to their personal data that rests in the database(s) of the company, they must communicate it through the email account agonzalez@colarquim.com or the telephone line 3773010 in the city of Barranquilla.

    Law 1581 of 2012 “By which general provisions for the protection of personal data are dictated” and Regulatory Decree 1377 of 2013, are the rules by which the right of all persons to know, update and rectify information collected in databases or flies is developed in Colombia. As well as the other rights, freedoms and constitutional guarantees referred to in article 15 of the Political Constitution and norms that modify, add or repeal the mentioned normative.

    Therefore, the personal data that the company may receive, collect or access including the name, identification and contact information or any other that may be delivered under contracts or agreements that the company enters into with third parties, but not limited to customers, suppliers or contractors will have their due treatment.

    The main purpose of this Policy is that any person, whose personal data has been delivered by virtue of any type of relationship or reason, knows the treatments to which they will be submitted when it has been previously authorized, free, informed and express or accepted by any contractual or legal stipulation.

    In that order of ideas, this Policy have the objective of showing what are the rights that are given to people whose data rests in the database (s) of the company, how they can be made effective and to whom you must direct when you have any questions, concerns, complaints, claims or requests in relation to them. In fact, the company reiterates its commitment to the adoption of safety and quality standards so that the information of the people that has been delivered is only processed for the purposes for which it was collected under the existing legal or contractual authorization.

  5. DEFINITIONS
  6. For all purposes related to these Policies, the following definitions will be taken:

    1. Authorization: it is the previous consent, express and informed of the owner to carry out the Processing of his personal data. There is also an authorization from the owner when, under any agreement or contract signed with any of the companies, it has been given the authority for the processing of their personal data.
    2. Privacy Notice: is the verbal or written communication generated by the person in charge and addressed to the owner for the treatment of his personal data, by means of which he is informed about the existence of the information policies that will be applicable, the form to access them and the purposes that are intended to give such data.
    3. Database: means the organized set of personal data that is subject to processing, electronic or not, whatever the modality of its training, storage, organization and access.
    4. Personal Data: is any information of any kind, linked or that can be associated with one or more specific or determinable persons.
    5. Person in charge: it is the natural or legal person, public or private that, by itself or in association with others, performs the processing of personal data on behalf of the person responsible for the treatment.
    6. Responsible: natural or legal, public or private personnel that, by itself or in association with others, decide on the database and/or data processing.
    7. Treatment: any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion.
    8. Owner: natural person whose personal data is subject to processing.
    9. Transfer: the transfer of data takes place when the person in charge and/or in charge of the processing of personal data, located in Colombia, sends the information or personal data to a receiver that in turn can be located in Colombian territory or worldwide.
    10. Transmission: processing of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when it has to carry out a treatment by the person in charge.
  7. TREATMENT
  8. COLARQUIM S.A.S.,acting as responsible for the Processing of Personal Data for the proper development of its commercial activities, as well as for strengthening its relationships with third parties collected, stores, uses, circulates and deletes personal data corresponding to natural persons with whom it has or it has been related, such as – without the enumeration signifying limitations – workers and their families, shareholders, consumers, customers, distributors, suppliers, creditors and debtors.

  9. PURPOSE
  10. This Policy will be applied to all personal data processing occurred in the Colombian territory by those third parties with whom they agree all or part of the performance of any activity related to said process in which the company is responsible.
    Likewise, this Policy is intended to be applicable to third parties with whom the company signs contracts for the transfer of personal data, so that they know the obligations that will apply to them when they process said data on behalf of the company.
    The personal data that the company knows or gets to know of a third party by virtue of any kind of commercial, labor or any other relationship, will be used for the development of different purposes such as commercial, promotional, informative, statistical, labor, control of income, among others; unless in the contract, agreement, in the authorization document for the handling of personal data or in the document that subscribes to the company and any third party, a different use or destination of the personal data collected is provided.

  11. RIGHTS OF THE HOLDERS
  12. In accordance with the provisions of article 8 of Law 1581 of 2012, the holder of personal data has the following rights:

    1. Know, update and rectify your personal data in front of the company or those in charge. This right may be exercised against partial, inaccurate, incomplete, fractional personal data, that induce error or those whose treatment is expressly prohibited or has not been authorized.
    2. Request proof of the authorization granted to the company, unless the Law indicates that such authorization is not necessary or that it has been validated in accordance with the provisions of article 10 of Law 1581 of 2012.
    3. Be informed by the person in charge of the treatment upon request regarding the use he has given to his personal data.
    4. Submit complaints to the Superintendence of Industry and Commerce for violations of the Law.
    5. Revoke your authorization and/or request the deletion of your personal data from the company’s bases when the constitutional and legal principles, rights and guarantees are not respected in the treatment. The revocation and/or deletion will proceed when the Superintendence of Industry and Commerce has determined that in the treatment the person responsible has incurred in conduct contrary to this Law and the Constitution.

      The foregoing, without prejudice to applying the exception provided in article 9 of Decree 1377 of 2013, which states: “The request for deletion of the information and the revocation of the authorization shall not proceed when the holder has a legal or contractual duty to remain in the database”.

    6. In the development of the principle of truthfulness or quality, in the processing of personal data, the necessary measures must be taken to ensure that the personal data that rests on the bases are accurate and sufficient and, when requested by the owner or when the person in charge has been able to warn you, be updated, rectified or deleted in such a way that they meet the purposes of the treatment.
    7. Request free access to personal data that have been subject to processing. The holder may consult his personal data free of charge: (i) at least once every calendar month and (ii) whenever there are substantial modifications to the Information Processing Policies that motivate further consultations. For inquiries whose periodicity is greater than one for each calendar month, companies may charge the holder the shipping, reproduction and, where appropriate, certification of documents.

    The holders may exercise their rights under the Law and perform the procedures established in this Policy by presenting their citizenship card or original identification document or when the request, complaint or claim is made via email, the applicant must indicate the number of citizenship card, immigration card or passport.

  13. AREA RESPONSIBLE FOR THE ATTENTION OF PETITIONS, CONSULTATIONS AND CLAIMS RELATED TO PERSONAL DATA
  14. The company has set up an area in charge of customer service called “Customer Service”, which belongs to the Commercial Assistant. This area, in company with Systems area, is responsible for receiving and responding to requests, complaints, claims and inquiries of all kinds related to personal data except for the requests corresponding to human management that will lead the Human Development and Communications area, responsible for handling queries and claims regarding personal data in accordance with the Law and this Policy.

    Some of the particular functions of these areas in relation to personal data are:

    1. Receive the requests of the owners, process and respond to those that are based on the Law or these Policies, such as requests to update their personal data. Knowledge of your personal data, requests for deletion of personal data in the terms of article 15 of Law 1581, requests for information on the treatment and purpose given to your personal data and requests for proof of authorization granted when the procedure has been done according to the Law.
    2. Respond to the owners about those requests that do not proceed in accordance with the Law.

    The contact details of the Customer Service and Systems area are:

    The contact details of the Human Development and Communications area are:

    • Physical address: Calle 110 # 53 -1670
    • Electronic address: auxiliarsstbq@colarquim.com
    • Phone: 3773010 Ext 106 in the city of Barranquilla, Atlántico.
  15. PROCEDURE SO THAT THE HOLDERS OF THE INFORMATION MAY EXERCISE THE RIGHTS TO KNOW, UPDATE, RECTIFY AND DELETE THE DATA AND REVOKE THE AUTHORIZATION
  16. The company has mechanisms for the holder, his assignees, representatives and/or proxies to make inquiries regarding the personal data of the owner that rest in the company’s databases. The consultation will be formulated by the authorized means such as, for example, telephone calls made to those responsible for receiving requests, complaints and claims as long as proof of it can be maintained.

    1. 8.1. BEFORE PROCEEDING, THE RESPONSIBLE FOR ATTENDING THE CONSULTATION WILL VERIFY:
      • The identity of the holder of the personal data or his representative and for this will require the citizenship card, certificate of existence and legal representation issued by the corresponding Chamber of Commerce or original identification document of the holder and the special or general powers as the case. These must be presented in original and with personal presentation before a notary public.
      • The person responsible for responding to the query will respond to the applicant, as long as the latter has the right to do so because they are the holder of the personal data, their successor, representative and/or proxy.
      • This response will be sent within ten (10) business days from the date the request was received by any of the companies.
      • This response will be mandatory even in cases where it is considered that the applicant has no capacity to carry out the consultation. If so, the applicant will be informed and will be given the option to show interest and ability by providing additional documentation.
      • In the event that the request cannot be answered within ten (10) business days, the applicant will be contacted to inform him of the reasons why the status of his application is being processed and indicating the date on which the application will be processed. This, in no case may exceed five (5) business days following the expiration of the first term.

      As well as said before, the same or similar means will be used to which the query was presented.

    2. 8.2 CLAIMS
    3. The company will have mechanisms for the holder, his successors, representatives and/or attorneys to make claims regarding (i) personal data processed by any of the company that must be corrected, updated or deleted or (ii) the alleged breach of the duties of Law by any of the company.

      These mechanisms may be physical through the sending of written communications by means of certified mail or electronic mails. Whatever the medium, the company must keep proof of the query and its response.

      The claim must be submitted by the holder, his successors, representatives or proxies as follows:

      • You must go to the company electronically to the email addressagonzalez@colarquim.com, by physical means to the address calle 110 # 53 -1670 Bodega 14 in the city of Barranquilla or by telephone to the line 3773010 Ext 121.
      • You must indicate the address, contact details and identification of the claimant.
      • It must be accompanied by all the documentation that the claimant wants to assert.
      • If the claim or additional documentation is incomplete, the company will require the claimant only once within five (5) business days following receipt of the claim to remedy the failures. If the claimant does not submit the required documentation and information within two (2) months after the date of the initial claim, it will be understood that he has given up the claim.
      • If by any fact the person receiving the claim within the company is not competent to resolve it, they will transfer to the Service Department to the Sub-Management, within two (2) business days following the date of receipt of the claim and inform the complainant of said referral.
      • Once the claim has been received with the complete documentation, it will be included in the database of the company where the holder’s data subject to claim greater than two (2) business days rests. This legend must be maintained until the claim is decided.
      • Once the complete claim has been received, 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 and will inform the interested party of the situation.
      • The maximum term to respond to the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to address the claim within said term, the interested party will be informed of the reasons for the delay and the date on which their claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first finished.
  17. VIGENCIA
  18. This Policy will take effect from the first (1) of November of two thousand sixteen (2016). The personal data that is stored, used or transmitted will remain in the database of the company under the criteria of temporality for the time necessary for the purposes mentioned in this Policy and for which they were collected.

  19. MODIFICACIONES
  20. This Policy may be modified at any time by the companies, but in any case, any substantial modification will have to be communicated previously to the owners through the company’s website or through an email that will be sent to the owners of personal data, as long as the company has that information in its possession. Remember that you can access and consult the Policies for the Treatment of Information or Personal Data at: www.colarquim.com