1. Legal Context
The processing of personal data is done in compliance with the Statutory Law on Data Protection (Law 1581 of 2012), more specifically articles 17 literal k) and 18 literal f), articles 15 and 20 of the Political Constitution of Colombia and article 13 of Law 1377 of 2013, which regulates the previous Law. This Corporate Manual of Policies and Procedures for the Treatment of personal data will be applicable to all data collected by THE DATA CONTROLLER
The concepts defined below are essentially those contained in Decree 1377 of 2013 in its third article. Authorization: Prior, express and informed consent of the Holder to carry out the processing of personal data. Privacy notice: Verbal or written communication generated by the person in charge, addressed to the Owner for the processing of their personal data, through which they are informed about the existence of the information processing policies that will be applicable, the way to access to the same and the purposes of the treatment that is intended to give personal data. Database: Organized set of personal data that is the object of treatment. Personal data: Any information linked or that may be associated with one or more specific or determinable natural persons. Public data: It is the data that is not semi-private, private or sensitive. Public data, among others, are data related to people’s marital status, their profession or trade and their status as a merchant or public servant. By its nature, public data may be contained, among others, in public registers, public documents, gazettes and official gazettes and duly executed judicial decisions that are not subject to reservation. Sensitive data: Sensitive data is understood to be those that affect the privacy of the Holder or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, union membership, social or human rights organizations or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sexual life, and biometric data.
Transmission: Processing of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when it is intended to carry out a treatment by the person in charge on behalf of the person in charge. Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion.
3. Acceptance of the Corporate Manual of Policies and Procedures for the Treatment of personal data.
In accordance with the ninth article of the Statutory Law on Data Protection, all processing of personal data will require prior authorization from the Holder. The owners understand that whoever provides information considered as personal data, expressly accepts that these will be treated by THRESHOLD EXPERTS S.A.S, as established in this document. The same rule establishes that authorization will not be required for the processing of the following data.
The databases object of this policy are the responsibility, in the terms of law 1581 of 2012, of THRESHOLD EXPERTS S.A.S, located in the Carrera 40 B no.17 188 Apto 910
5. Purposes of the processing of personal data
In the development of the ordinary course of their business, THE CONTROLLER treats the personal data of natural persons, contained in databases for legitimate purposes, complying with the Constitution and the Law. The data will be used to carry out brand activations, marketing, sending of promotions, transmission to entities related to the purpose of the application, sending invoices and / or purchase documents, or any other activity related to the commercial activity of THE CONTROLLER. The data related to the client’s health or medical history will be used for purposes exclusively related to training plans. The navigation systems and software necessary for the operation of this website collect personal data, the transmission of which is inherent to the operation of internet systems. It is possible that derived from the information collected, users who use the web systems can be identified, although this data is not collected for this purpose. Within these data are the following:
The aforementioned data is used only for the collection of anonymous statistical data, to generate parameters of use and improvement for the website.
6. Rights of the Holders
The holders of personal data, in accordance with articles 21 and 22 of Decree 1377 of 2013 and article 8 of the LEPD, have rights that they can make use of in relation to the processing of their personal data, which may be exercised by the following:
The rights of children or adolescents will be exercised by the people who are empowered to represent them.
The rights that the holders have in relation to the processing of their personal data are:
Right to request proof of the authorization granted to the person responsible for the treatment: Except when expressly excepted as a requirement for the treatment in accordance with the provisions of article 10 of the LEPD.
Right to present before the Superintendency of Industry and Commerce complaints for infractions: The Holder or successor in title may only file this complaint once the consultation or claim process has been exhausted before the person responsible for the treatment or person in charge of the treatment.
7. Holder contact
The holders of the processed data may exercise their rights through email email@example.com
8. Exercise of rights
8.1 Right of access or consultation
The owner may consult their personal data for free in the following cases.
01. Every time there are substantial changes in the data processing policies of THE RESPONSIBLE.
For inquiries that have a frequency greater than that stated in the first paragraph of this article, THE CONTROLLER may charge the owner the costs of shipping, reproduction and, if applicable, document certification.
The right set forth in this section may be exercised by the owner, filing in writing at THRESHOLD EXPERTS SAS, located at Carrera 40 B no.17 188 Apt 910 through postal mail sent to the address listed above, or by email to the address: firstname.lastname@example.org, indicating in the Subject “Exercise of the right of access or consultation”. The request must contain the following information:
If this is the case, the documents that prove the consultation carried out. By making it clear in the application, the information may be requested in any of the following ways.
Once the request is received, THE CONTROLLER will have a maximum period of ten (10) business days to resolve the request. If it is not possible to resolve the request within the stated period, the applicant will be informed of the reason for this, and THE CONTROLLER will have a period of five (5) more business days, in accordance with article 14 of the LEPD.
8.2 Rights of complaints and claims
The Data Owner may exercise the rights to claim their data by writing to THRESHOLD EXPERTS SAS, located at Carrera 40 B no.17 188 Apt 910 through postal mail sent to the address listed above, or by mail email to the address: email@example.com, indicating in the subject “Complaints and Claims”. The request must contain the following information: Name and surname of the principal. Photocopy of the Certificate of Citizenship of the Holder and, where appropriate, of the person who represents him, as well as the document accrediting such representation. Description of the facts and request in which the request for correction, deletion, revocation or infringement is specified. Address for notifications, date and signature of the applicant. Supporting documents of the petition formulated that they want to enforce, when appropriate. If the claim is incomplete, the interested party will be required within five (5) days after receiving 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 withdrawn. 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, within a term of no more than two (2) business days. Said legend must be kept until the claim is decided. THE RESPONSIBLE will resolve the request for consultation within a maximum period of fifteen (15) business days from the date of receipt. When it is not possible to attend to 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 attended, which in no case may exceed eight (8) business days following the expiration of the first finished. Once the claim process has been exhausted, the Holder or successor may file a complaint with the Superintendency of Industry and Commerce.
9. Security politics
THE RESPONSIBLE, in order to comply with the security principle enshrined in article 4 literal g) of the LEPD, has implemented technical, human and administrative measures necessary to guarantee the security of the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access. On the other hand, THE RESPONSIBLE, by signing the corresponding transmission contracts, has required those in charge of the treatment with whom it works, the implementation of the necessary security measures to guarantee the security and confidentiality of the information in the treatment of Personal information.
10. International data transfer.
In accordance with title VIII of the LEPD, the transfer of data to countries that do not have the security conditions established in the aforementioned Law is expressly prohibited. When a country does not comply with the conditions established by the Superintendency of Industry and Commerce, the transfer of data to this country will be considered prohibited.The conditions of the country to which the data were to be transferred, in no case may be lower than those that establishes the LEPD. The transfer of data to third countries will not be considered prohibited when:
In cases where the exception is not contemplated, the Superintendency of Industry and Commerce will announce the verdict on the possibility or prohibition of the transfer of data to third countries. The official in charge will be empowered to request the necessary information, as well as to carry out the procedures that are imperative to determine the viability of the operation.
As long as there is a data transmission contract between THE CONTROLLER and a manager located outside of Colombian territory, the consent or authorization of the owner will not be required.
The databases object of treatment by THE RESPONSIBLE, will be treated for the time required for the purpose for which these data are collected. When the purpose or purposes for which the data were collected has been fulfilled, without prejudice to the provisions of other legal regulations, the CONTROLLER will proceed to the total deletion of the data, unless there is any legal obligation or contractual to keep them in custody.