PERSONAL DATA PROCESSING POLICY – CALCETERÍA HERVA S.A.S.
This policy is issued in compliance with Colombian Law 1581 of 2012, Decree 1377 of 2013, Colombian Law 1266 of 2008 and rules that modify or add the regime of protection of personal data and seeks to ensure that CALCETERÍA HERVA S.A.S. as the person in charge of managing personal information, perform the Treatment of it in strict compliance with the applicable regulations, guaranteeing the rights that the Data Holders assist them.
1. INFORMATION OF THE PERSON RESPONSIBLE FOR THE PROCESSING OF PERSONAL INFORMATION.
• Social reason: CALCETERÍA HERVA S.A.S.
• Address: Autopista Norte Km. 17 No. 51-110, Copacabana, Antioquia, Colombia.
• Email: [email protected]
• Telephone: (57 4) 4440592
2. TREATMENT TO WHICH THE PERSONAL DATA AND ITS PURPOSE WILL BE SUBMITTED.
In the exercise of its corporate purpose, CALCETERÍA HERVA S.A.S. performs the processing of personal data of its employees, suppliers, customers and users of its products. Also in compliance with the applicable legislation CALCETERÍA HERVA S.A.S. may require transmitting or transferring said data to the platforms indicated and / or to the security systems implemented by it.
In development of the principles of purpose and freedom, the collection of personal data by CALCETERÍA HERVA S.A.S. it will be limited to those personal data that are pertinent and adequate for the purpose for which they are collected or required in accordance with current regulations. Except as expressly provided in the Law, personal data may not be collected without the Holder’s authorization.
Personal data is collected, stored, organized, used, circulated, transmitted, transferred, updated, rectified, deleted, deleted and managed according to the purpose or purposes of each type of Treatment, as indicated in numeral 3 of this Politics.
2.1. Treatments of personal data of girls, boys and / or adolescents.
The processing of personal data of children and / or adolescents that are of a public nature will comply with the following parameters and requirements:
a) That responds and respects the best interests of children and adolescents.
b) That the respect of their fundamental rights be ensured.
c) Evaluation of the opinion of the minor when he has the maturity, autonomy and capacity to understand the matter.
Once the above requirements have been fulfilled, the legal representative of the child or adolescent may grant the authorization for the Treatment, after exercising the child’s right to be heard, an opinion that must be assessed taking into account the maturity, autonomy and ability to understand the case.
2.2. Treatment of sensitive data:
CALCETERÍA HERVA S.A.S. strictly observe the legal limitations to the Treatment of sensitive data, so that it will ensure that:
a) The Holder has given his explicit authorization for the Treatment, except in the cases that by law the granting of said authorization is not required.
b) The Treatment is necessary to safeguard the vital interest of the Holder and this is physically or legally incapacitated. In these events, the legal representatives must grant their authorization.
c) The Treatment is carried out in the course of legitimate activities and with due guarantees by a foundation, NGO, association or any other non-profit organization, whose purpose is political, philosophical, religious or union, provided that refer exclusively to its members or to people who maintain regular contacts because of their purpose. In these events, the data cannot be provided to third parties without the Holder’s authorization.
d) The Treatment refers to data that are necessary for the recognition, exercise or defense of a right in a judicial process.
e) The treatment has a historical, statistical or scientific purpose. In this event, the measures leading to the suppression of identity of the Holders must be adopted.
2.3. Video surveillance.
CALCETERÍA HERVA S.A.S. uses various means of video surveillance installed in different places of its facilities or offices. The information collected will be used for security purposes of people, assets and facilities. This information can be used as evidence in any type of process before any type of authority and organization.
3. PURPOSE OF THE TREATMENT.
The purposes of the Treatment of Personal Data made by CALCETERÍA HERVA S.A.S. They are the following:
3.1. Provision of the services offered by CALCETERÍA HERVA S.A.S.
3.2. Execution of the contracts signed with CALCETERÍA HERVA S.A.S.
3.3. Customer service and marketing.
3.4. Sending information related to the contractual relationship.
3.5. Sending information related to legal and regulatory news of interest to persons or companies related to CALCETERÍA HERVA S.A.S.
3.6. Statistical information registry of CALCETERÍA HERVA S.A.S.
3.7. Registration of information of suppliers and contractors.
3.8. Registration of information of the employees of contractors that provide services in CALCETERÍA HERVA S.A.S.
3.9. Contractual statistics and services offered or provided.
3.10. Communication, consolidation, organization, updating, control, accreditation, assurance, statistics, reporting, maintenance, interaction, and management of actions, information and activities in which they relate or link suppliers, contractors and their employees with CALCETERÍA HERVA S.A.S.
3.11. Execution of the corresponding work contract.
3.12. To comply with the obligations arising from the employment relationship, such as, perform all necessary procedures before the authorities, such as, perform the corresponding
procedures before the Social Security System, perform procedures before the Directorate of Taxes and National Customs, or any other activity derived from the applicable legislation.
3.13. Matters that are required by the Administrative and Human Management area of CALCETERÍA HERVA SAS, within which it is possible to enunciate the full identification of the worker, file and management of their contact data, file and management of professional and academic information of the worker, among others.
3.14. To notify relatives, to the attention line 123 and any priority attention service in case of emergencies during their stay in the facilities of CALCETERÍA HERVA S.A.S.
3.15. Communication in general, registration, training, authorizations and for the management of activities or actions in which employees and their families relate to CALCETERÍA HERVA S.A.S.
3.16. Advance selection processes for personnel and officials, in accordance with the selection policies of CALCETERÍA HERVA S.A.S.
3.17. Communication, registration, filing, organization, processing and management of actions, strategies and activities in which shareholders of CALCETERÍA HERVA S.A.S. are involved.
3.18. Access, consult, compare and evaluate all the information on the Holders that is stored in the databases of any central credit risk, financial, legal or security background legitimately constituted, state or private nature, national or foreign.
3.19. Investigate, verify and validate the information provided by the Owners, with any information of which CALCETERÍA HERVA S.A.S. legitimately dispose.
3.20. Consult, compare and evaluate all the information on the Holders that is stored in the databases of credit risk, financial, judicial background or legitimately constituted security, state or private, national or foreign.
3.21. Labor Aspects, Social Security, Compensation Funds and others.
3.22. Offer of products or services of CALCETERÍA HERVA S.A.S.
3.23. Provide the necessary information to the person in charge of the payroll liquidation process.
3.24. Comply with the legal and contractual obligations derived from the work contract.
3.25. Report any changes that may occur in the development of the employment relationship.
3.26. Management of judicial liens through payroll, managing salaries and benefits, coordinating the professional development of employees.
3.27. Allow employees access to the company’s computing resources.
In case that CALCETERÍA HERVA S.A.S. is not able to carry out the processing by its own means, may transfer the collected data to be treated by a third party, after notifying the owners of the data collected, which will be in charge of the treatment and must ensure suitable conditions of confidentiality and security of the information transferred for the Treatment.
4. RIGHTS THAT ASSIST YOU AS HOLDER OF THE DATA.
In accordance with the provisions of article 8 of Colombian Law 1581 of 2012 and Colombian decree 1377 of 2013, the holder of personal data has the following rights:
4.1. Know, update and rectify your personal data against CALCETERÍA HERVA S.A.S., in its capacity as Responsible for the Treatment. This right may be exercised against partial, inaccurate, incomplete, fractioned, misleading data, or those whose treatment is expressly prohibited or there is no authorized holder.
4.2. Request proof of the authorization granted to CALCETERÍA HERVA SAS, in its capacity as Responsible for the Treatment, except when it is expressly exempted as a requisite for the Treatment, in accordance with that established in article 10 of Colombian Law 1581 of 2012 (or in the regulations that regulate, add, complement, modify or repeal), or when the continuity
of the treatment has been presented as provided in numeral 4 of article 10 of Colombian Decree 1377 of 2013.
4.3. Be informed by CALCETERÍA HERVA S.A.S., upon request, regarding the use you have given to your personal data.
4.4. Submit to the Superintendence of Industry and Commerce complaints for infractions of the provisions of Colombian Law 1581 of 2012, once the process of consultation or claim has been exhausted before CALCETERÍA HERVA S.A.S.
4.5. Revoke the authorization and / or request the deletion of the data when the Treatment does not respect the principles, rights and constitutional and legal guarantees. The revocation and / or suppression will proceed when the Superintendence of Industry and Commerce has determined that in the Treatment the Responsible or Manager has incurred in conduct contrary to the law and the Constitution.
4.6. Access free of charge to your personal data that have been subject to Treatment.
5. AREA RESPONSIBLE FOR THE ATTENTION OF REQUESTS, CONSULTATIONS AND CLAIMS.
The Human Management Area of CALCETERÍA HERVA S.A.S. will be responsible for the attention of requests, queries, complaints, or for the exercise of the rights of the Owner of personal information.
6. PROCEDURE TO EXERCISE THE RIGHTS OF THE DATA HOLDER.
6.1. Procedure for access and consultation.
The data subject, or his successors in title, may consult the information stored in the databases held by CALCETERÍA HERVA S.A.S., for which they must make the corresponding request, in writing, and file it with the area in charge of CALCETERÍA HERVA S.A.S. Monday through Friday at 8:00 a.m. at 5:00 p.m., on Autopista Norte, Km. 17 No. 51-110 of Copacabana, Antioquia, Colombia.
To prevent unauthorized third parties from accessing the personal information of the Data Owner, it will be necessary to previously establish the identification of the Holder. When the request is made by a person other than the Holder and it is not proven that it acts on behalf of the Holder, it will be deemed not presented.
The consultation will be attended within a maximum term of ten (10) business days counted from the date of receipt. When it is not possible to attend the consultation within said term, the interested party will be informed, stating the reasons for the delay and indicating the date on which the consultation will be attended, which in no case may exceed five (5) business days following the expiration of the first term.
6.2. Procedure to request updating, correction, deletion, revocation of authorization or to submit claims.
The Owner, or his assignees, who consider that the information contained in the databases of CALCETERÍA HERVA S.A.S. must be subject to correction, update or deletion, or when they notice the alleged breach of any of the duties contained in this law, may file a claim against CALCETERÍA HERVA S.A.S. which will be processed under the following rules, in accordance with article 15 of Colombian law 1581 of 2012:
a) The claim will be formulated through an application filed with the Administrative Area of CALCETERÍA HERVA S.A.S. Monday through Friday at 8:00 a.m. at 5:00 p.m., on Autopista Norte, Km. 17 No. 51-110 of Copacabana, Antioquia, Colombia.
b) In order to prevent unauthorized third parties from accessing the personal information of the Data Holder, it will be necessary to previously establish the identification of the Holder. When the request is made by a person other than the Holder and it is not proven that it acts on behalf of the Holder, it will be deemed not presented.
c) The request must contain the following information:
• The identification of the Holder.
• Contact information (physical and / or electronic address and contact telephone numbers).
• Documents proving the identity of the Holder, or the representation of his representative.
• The clear and precise description of the personal data with respect to which the Owner seeks to exercise any of the rights.
• The description of the facts that give rise to the claim.
• The documents that you want to enforce.
• Signature, identification number and footprint.
• Original filing.
d) If the claim is incomplete, CALCETERÍA HERVA S.A.S. will require the interested party within five (5) days following 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 shall be understood that the claim has been abandoned.
e) If the Area that receives the claim is not competent to resolve it, it will notify the corresponding party within a maximum period of two (2) business days and inform the interested party of the situation.
f) 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. This legend must be maintained until the claim is decided.
g) The maximum term to attend to the claim will be fifteen (15) business days counted from the day following the date of its receipt. When it is not possible to meet the claim within said term, the interested party will be informed of the reasons for the delay and the date on which his claim will be handled, which in no case may exceed eight (8) business days following the expiration of the first finished.
6.3. Data Suppression
The Holder has the right, at all times, to request CALCETERÍA HERVA S.A.S. the deletion (deletion) of your personal data when:
a) Consider that they are not being treated in accordance with the principles, duties and obligations set forth in Colombian Law 1581 of 2012.
b) They have ceased to be necessary or pertinent for the purpose for which they were collected.
c) The period necessary for the fulfillment of the purposes for which they were collected has been exceeded.
d) This suppression implies the total or partial elimination of personal information in accordance with the request by the Owner in the records, files, databases or treatments performed by CALCETERÍA HERVA S.A.S.
e) It is important to bear in mind that the right of cancellation is not absolute and the person in charge can deny the exercise of the same when:
• The request to suppress the information will not proceed when the Holder has a legal or contractual duty to remain in the database.
• The elimination of data hinders judicial or administrative actions linked to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions.
• The data are necessary to protect the legally protected interests of the Holder, to carry out an action based on the public interest, or to comply with an obligation legally acquired by the Holder.
6.4. Revocation of the Authorization.
The holder of personal data may revoke the consent to the processing of their personal data at any time, as long as it is not prevented by a legal provision.
7. SECURITY OF INFORMATION.
In development of the safety principle, CALCETERÍA HERVA S.A.S. has adopted reasonable technical, administrative and human measures to protect the information of the Owners and prevent adulteration, loss, consultation, use or unauthorized or fraudulent access. Access to personal data is restricted to its Owners and CALCETERÍA HERVA S.A.S. will not allow access to this information by third parties in conditions different from those announced, except for an express request from the Owner of the data or persons legitimated in accordance with national regulations. Notwithstanding the foregoing, CALCETERÍA HERVA S.A.S. will not be responsible for any action tending to infringe the security measures established for the protection of Personal Data.
8. VALIDITY OF THE POLICY.
The Policy applies as of May 30th, 2019.
As a general rule, the term of authorizations on the use of personal data is understood as the term of the commercial relationship or the connection to the service and during the exercise of the corporate purpose of the company.