Habbeas Data

I. APPLICATION AND REGULATION FRAMEWORK: 

 Based on article 15 of the Political Constitution of Colombia, on Law 1581 of 2012 and on regulatory decrees 1377 of 2013 and 886 of 2014 – today contained in chapters 25 and 26 of sole Decree 1074 of 2015, which developed the general data protection framework in Colombia; RODIL BOUTROUS S.A.S, has implemented these Personal Data Processing Policies by which all areas of the company and third parties in charge of processing the Personal Data supplied to RODIL BOUTROUS S.A.S will be governed, in order to respect all rights and guarantees in terms of privacy of the owners on whom we process personal data and fully comply with the parameters established in the aforementioned regulations. 
 

II. GLOSSARY OF WORDS: 

The following words contained in the Personal Data Processing Policies of RODIL BOUTROUS S.A.S must be understood in the following sense: 

Privacy Notice: It is the physical, electronic or any other format document, generated by RODIL BOUTROUS S.A.S addressed to the Owner to inform him that these Personal Data Processing Policies will be applicable to him, how he can know its content, and what purpose will be given to your Personal Data. 

Database: It is the organized set of Personal Data that is subject to Treatment, and includes physical, electronic and automated files. 

Personal Data: Any information linked or that can be associated with one or several determined or determinable natural persons. 

Sensitive Data: That data that affects the privacy of the Holder or whose improper use can generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership of unions, social organizations, human rights or that promotes the interests of any political party or that guarantees the rights and guarantees of opposition political parties, as well as data related to health, sexual life and biometric data. 

Person in charge of the Processing of personal data: They are natural or legal persons who, by themselves or in association with others, carry out the processing of personal data on behalf of RODIL BOUTROUS S.A.S. 

Responsible for the Processing of personal data: RODIL BOUTROUS S.A.S acts as responsible for all personal data on which it directly decides what treatment it will give them according to the authorizations granted by the Holders. 

Owner of personal data: Natural person whose personal data is processed by RODIL BOUTROUS S.A.S. 

The persons who may exercise the rights established in the Law are: 

  1. The Holder, who must prove his identity sufficiently by the different means made available by RODIL BOUTROUS S.A.S. 
  2. His successors in title, who must prove said quality. 
  3. The representatives in the event that the Owner is a minor or through a proxy, prior accreditation of the representation or power of attorney. 
  4. By stipulation in favor of another or for another. 

  

Processing of personal data: It is any operation or set of operations on Personal Data carried out by RODIL BOUTROUS S.A.S or the Treatment Managers on behalf of the company such as collection, storage, use, circulation or deletion. 

Transfer of personal data: It will occur when RODIL BOUTROUS S.A.S and/or the Managers send the Personal Data to a recipient who, in turn, is responsible for the Treatment and who may be located in Colombia or abroad. 

Transmission of personal data: It is the communication of Personal Data to a Treatment Manager, inside or outside Colombia, with the purpose that he performs a Treatment on behalf of RODIL BOUTROUS S.A.S. 

Privacy Officer: It is the person designated by RODIL BOUTROUS S.A.S whose functions are, among others, the protection of the personal data of the holders, the surveillance and control of the application of this Policy for the treatment of Personal Data and to process the requests of the owners who want to exercise the rights referred to in Law 1581 of 2013 and this document. The Privacy Officer may have other positions inside or outside of RODIL BOUTROUS S.A.S as long as he fully complies with the functions entrusted by contract, the privacy officer's duties manual or Law 1581 of 2012. 
 

III. PURPOSE OF THE PROCESSING OF PERSONAL DATA: 

Purpose is understood as the purpose for which personal data has been collected. The treatment and purpose given to personal data by RODIL BOUTROUS S.A.S and/or those in charge must be those established in the respective authorization granted by the Owner. 

Some of the general purposes that are given to the Personal data processed by RODIL BOUTROUS S.A.S, depending on the authorization granted by its owners are: 


1. SUPPLIERS: 

  • Accounting, fiscal and administrative management - Management of collections and payments 
  • Accounting, fiscal and administrative management – ​​Billing management 
  • Accounting, fiscal and administrative management – ​​Supplier management 
  • Accounting, fiscal and administrative management – ​​Economic and accounting management 
  • Accounting, tax and administrative management - Tax management 


2. CUSTOMERS: 

  • Various purposes – Customer loyalty. 
  • Various purposes – Customer Service (PQR). 
  • Accounting, fiscal and administrative management – ​​Administrative management. 
  • Accounting, fiscal and administrative management – ​​Customer management. 
  • Accounting, fiscal and administrative management – ​​Management of collections and payments. 
  • Accounting, fiscal and administrative management – ​​Billing management. 
  • Accounting, fiscal and administrative management – ​​Economic and accounting management. 
  • Accounting, tax and administrative management – ​​Tax management. 
  • Marketing. 
  • Advertising and commercial prospecting – Profile analysis. 
  • Advertising and commercial prospecting – Opinion surveys. 
  • Advertising and commercial prospecting – Commercial prospecting. 
  • Advertising and commercial prospecting – Own advertising. 
  • Advertising and commercial prospecting – Market segmentation. 
  • Security – Video surveillance. 
  • Security – Security and access control to buildings. 

 

3. EMPLOYEES, FORMER EMPLOYEES AND CANDIDATES: 

  • Human resources – Schedule control. 
  • Human resources – Staff training. 
  • Human resources – Payroll management. 
  • Human resources – Personnel management. 
  • Human resources – Social benefits. 
  • Human resources – Occupational risk prevention. 
  • Human resources – Employment promotion and management. 
  • Human resources – Promotion and selection of personnel. 
  • Security – Video surveillance. 
  • Security – Security and access control to buildings. 

 

4. RIGHTS OF PERSONAL DATA HOLDERS 


The holders of the personal data registered in the databases of RODIL BOUTROUS S.A.S, have the following rights: 

a) Know, update and rectify your personal data. These rights may be exercised, among others, against personal data that is partial, inaccurate, incomplete, divided, misleading, or whose processing is expressly prohibited or has not been authorized by him; 

b) Request proof of the Authorization granted to RODIL BOUTROUS S.A.S except when expressly excepted as a requirement for treatment, in accordance with the provisions of article 10 of Law 1581 of 2012; 

c) Be informed by RODIL BOUTROUS S.A.S or the person in charge of the treatment, upon request, regarding the use that has been given to your personal data; 

d) Free access, at least every calendar month, to your personal data that has been processed. 

e) Request RODIL BOUTROUS S.A.S to revoke the authorization and/or delete your personal data, by submitting a written claim in accordance with Art. 15 of Law 1581 of 2012 and with Title VI of the Treatment Policy of Personal Data, in the following cases: 

  1. When you consider that they are not being treated in accordance with the principles, duties and obligations set forth in Law 1581 of 2012. 
  2. When they are no longer necessary or pertinent for the purpose for which they were collected. 
  3. When the period necessary for the fulfillment of the purposes for which they were collected has been exceeded. 

The deletion implies the total or partial elimination of personal information in accordance with what is requested by the owner in the records, files, databases or treatments carried out by RODIL BOUTROUS S.A.S. 

The revocation of the authorization or deletion of personal data may be requested on all or part of the data that comprise the authorization granted that is dealt with in this document of Information Treatment Policies, but not with respect to the data regulated under the Law 1266 of 2008 and/or any other regulation that adds, modifies or repeals it. 

Exceptions to the right to revoke the authorization and/or deletion of personal data It is important to clarify to the holders of personal data, whose information rests in the databases of RODIL BOUTROUS S.A.S, that the right of cancellation is not absolute and RODIL BOUTROUS S.A.S can deny the exercise of the same when: 

a) The owner has a legal or contractual duty to remain in the database. 

b) The deletion of data hinders judicial or administrative actions related to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions. 

c) The data is necessary to protect the legally protected interests of the owner; to carry out an action based on the public interest, or to comply with an obligation legally acquired by the owner. 

Sensitive personal data: 

In general terms, RODIL BOUTROUS S.A.S does not process sensitive personal data, however, in exceptional cases, it may process them as long as: 

a) The owner has given his explicit authorization to said treatment, except in cases where the granting of said authorization is not required by law. 

b) The treatment is necessary to safeguard the vital interest of the owner and he is physically or legally incapacitated. In these events, the legal representatives must grant their authorization. 

c) The treatment refers to data that is 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 the identity of the holders must be adopted. 

Rights of Children and Adolescents: 

In general terms, RODIL BOUTROUS S.A.S does not process the personal data of children and adolescents, however, in exceptional cases, it may process them as long as: 

  1. In the case of data of a public nature. 
  2. The treatment carried out by RODIL BOUTROUS S.A.S responds to and respects the best interest of children and adolescents. 
  3. The treatment carried out by RODIL BOUTROUS S.A.S ensures respect for your fundamental rights. 

Once the above requirements have been met, the legal representative of the children or adolescents will grant authorization, after the minor has exercised his or her right to be heard, an opinion that will be assessed taking into account maturity, autonomy and ability to understand the matter. 


5. PROCEDURE FOR CONSULTATIONS AND CLAIMS 


1. CONSULTATION PROCEDURE: 

1.1 Guaranteed Rights: 

Through this procedure, RODIL BOUTROUS S.A.S and/or those in charge, guarantee the holders of personal data contained in their databases or their successors in title, the right to consult all the information contained in their individual record or all that is linked to their identification as established in literal a) chapter V of these Personal Data Processing Policies. 

1.2 Person in charge of attention to queries: 

The person responsible for dealing with these requests will be the privacy officer of RODIL BOUTROUS S.A.S, who will receive and process the requests received under the terms, deadlines and conditions established in Law 1581 of 2012 and in these policies. 

1.3 Means of receiving consultation requests: 

The owner or his successors in title may send your query to the email address calidad@isladelencanto.com.co or by submitting a written request at our offices located in Barrio Bocagrande cra. 2 No. 5-84, local 101. 

1.4 Query response times: 

Requests received through the above means will be addressed within a maximum term of ten (10) business days from the date of receipt. 

1.5 Extension of the response period: 

In case of impossibility of answering the query within said term, the interested party will be informed before the expiration of the 10 days, stating the reasons for the delay and indicating the date on which the query will be answered, which in no case may exceed the five (5) business days following the expiration of the first term. 

2. CLAIMS PROCEDURE: 

2.1 Rights guaranteed through the complaints procedure: 

2.1.1 Correction or update: RODIL BOUTROUS S.A.S and/or those in charge, guarantee the holders of personal data contained in their databases or their successors in title, the right to correct or update the personal data contained in their databases, by submitting a claim, when they consider that the parameters established by law or those indicated in literal a) chapter V of these Personal Data Processing Policies are met so that the request for correction or update is appropriate. 

2.1.2 Revocation of the authorization or deletion of personal data: 

RODIL BOUTROUS S.A.S and/or those in charge guarantee the holders of personal data contained in their databases or their successors in title, the right to request the revocation of the authorization or request the deletion of the information contained in their individual record, or any other that is linked to their identification when they consider that the parameters established by law or those indicated in literal e) chapter V of these Personal Data Processing Policies are met. Likewise, the right to file claims is guaranteed when they notice the alleged breach of Law 1581 of 2012 or of these Personal Data Treatment Policies. 

2.2 Responsible for handling claims: 

The person responsible for dealing with the claims presented by the owners will be the privacy officer of RODIL BOUTROUS S.A.S who will receive and process the claims received under the terms, deadlines and conditions established in Law 1581 of 2012 and in these policies. 

2.3 Means of receipt and legal requirements of claims: 

The owner or his successors in title may send his claim to the email address calidad@isladelencanto.com.co or by written filing at our offices located in the Bocagrande neighborhood, cra. 2 No. 5-84, local 101. 

Claims submitted must contain at least the following information: 

2.3.1 Identification of the holder. 

2.3.2 Description of the facts that give rise to the claim. 

2.3.3 Address of the holder and/or his successors in title. 

2.3.4 Documents that you want to enforce. 

2.4 Claims without compliance with legal requirements: 

In the event that the claim is filed without complying with the foregoing legal requirements, the claimant will be requested within five (5) days following receipt of the claim, to correct the failures and submit the missing information or documents. 

2.5 Withdrawal of the claim: 

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. 

2.6 Receipt of claims that do not correspond to the company:

In the event that RODIL BOUTROUS S.A.S receives a claim addressed to another organization, it will transfer it to the appropriate person within a maximum term of two (2) business days and inform the claimant of the situation. 

2.7 Inclusion of legend in the database: 

Once the claim is fully received, within a maximum term of two (2) business days from receipt, RODIL BOUTROUS S.A.S will include in the database where the owner's personal data is located, a legend that says "claim in process" and the reason for it. Said legend must be maintained until the claim is decided. 

2.8 Deadlines for response to claims: 

The maximum term to address the claim will be fifteen (15) business days from the day following the date of receipt. 

2.9 Extension of the response period: 

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 term. 

2.10 Procedure for deletion of personal data: 

In the event that the deletion of the personal data of the owner of the database is appropriate, in accordance with the claim presented, RODIL BOUTROUS S.A.S must operationally carry out the deletion in such a way that the deletion does not allow the recovery of the information, however, the The owner must take into account that in some cases certain information must remain in historical records due to compliance with the legal duties of the organization, so its deletion will be related to the active treatment of the same and according to the request of the owner. 


6. SAW. INTERNATIONAL TRANSFER OF PERSONAL DATA 

In the cases that RODIL BOUTROUS S.A.S sends or transfers personal data of owners that rest in its databases to another country, it must have the authorization of the owner of the information that is the object of transfer. Unless the law says otherwise, the existence of said authorization is necessary to carry out the international circulation of data. In this sense, those obliged to comply with this policy must verify that they have the prior, express and unequivocal authorization of the owner that allows the transmission of their personal data. 

The international transfer of personal data will be made only to third parties with whom RODIL BOUTROUS S.A.S has a contractual, commercial and/or legal relationship. 
 

7. ACCEPTANCE OF PERSONAL INFORMATION PROCESSING POLICIES 

The holders of the information that rests in the databases of RODIL BOUTROUS S.A.S accept the treatment of their personal data, in accordance with the terms of this document, and RODIL BOUTROUS S.A.S may continue processing the data for the purposes described, if they do not exercise their right to revoke or delete. 


8. PRIVACY OFFICER 

According to article 2.2.2.25.4.4 Decree 1074 of 2015, all managers and managers must designate a person or area that "assumes the function of personal data protection" and that "will process the requests of the owners, for the exercise of the rights referred to in law 1581 of 2012 and the decree. 

The function of the privacy officer or the area in charge of data protection RODIL BOUTROUS S.A.S, is to ensure the effective implementation of the policies and procedures adopted by it to comply with the regulations, as well as the implementation of good personal data management practices within of the company. 

The privacy officer will have the task of structuring, designing and managing the program that allows the organization to comply with the regulations on personal data protection, as well as establishing the controls of that program, its evaluation and permanent review. 
 

9. NATIONAL DATABASE REGISTRY 

In accordance with Art. 25 of Law 1581 and its regulatory decrees, RODIL BOUTROUS S.A.S must register its databases together with this Personal Data Processing policy in the National Registry of Databases administered by the Superintendence of Industry and Commerce, in accordance with the procedure stipulated by Circular 002 of 2015. 


10. SCOPE AND PURPOSE OF THE AUTHORIZATIONS GRANTED BY THE HOLDERS 

As a general rule, the term of the authorizations on the use of personal data is understood as the term of the commercial relationship or link to the company and while the development of the company's corporate purpose is in force. 

If the owner of personal data is an active client of RODIL BOUTROUS S.A.S, their data may not be used for a purpose other than the provision of the product or service and for the offer of subsequent renewals when the service has this modality. 


11. VALIDITY OF PERSONAL DATA PROCESSING POLICIES AND DATABASES 

This personal data processing policy is effective as of August 7, 2017 with indefinite validity, which is the term stipulated in the Cartagena Chamber of Commerce for the development of the company's corporate purpose and will be available to the owners at the website: https://www.isladelencanto.com.co 

The validity period of the RODIL BOUTROUS S.A.S databases will be the same period stipulated in the Cartagena Chamber of Commerce for the development of the corporate purpose of the company, which is indefinite. 

Any substantial change in the Personal Data Processing policies will be communicated in a timely manner to the owners of the data, through the usual means of contact and/or through the website. 

You can exercise your rights of access, rectification, cancellation and deletion by means of a written request addressed to RODIL BOUTROUS S.A.S to the email: info@isladelencanto.com.co.