Terms & Conditions

Colombia is a Social State of Law, by virtue of which it protects the fundamental rights of people, among which is the right to privacy, article fifteen of the Colombian Political Constitution prescribes the following: “ARTICLE 15. All People have the right to their personal and family privacy and to their good name, and the State must respect them and make them respect them. Similarly, they have the right to know, update and rectify the information that has been collected about them in data banks and in files of public and private entities. In the collection, treatment and circulation of data, freedom and other guarantees enshrined in the Constitution will be respected. Correspondence and other forms of private communication are inviolable. They can only be intercepted or recorded by court order, in the cases and with the formalities established by law.

In development of the aforementioned regulations that also have the rank of Fundamental Right, the Colombian State through its legislators developed the right to know, update and rectify the information that is collected or has been collected about them in databases or files, to in order to be applied to personal data (individuals and / or legal entities) registered in any medium that makes them susceptible to treatment by entities of a public or private nature. That in compliance with current regulations on the protection of Personal Data, S4C with tax identification number XXXXXX, a private company whose purpose adopts this Personal Data Protection Policy:

Goal

Comply with the regulations in force in Colombia, regarding the protection of personal data, as follows: Political Constitution of Colombia article 15, Law 1581 of 2012, Regulatory Decree 1377 of 2013 and other relevant.

Scope

Applies to databases that contain personal information of customers, suppliers, employees and other third parties that have some kind of relationship with the S4C Company, hereinafter S4C.

Definitions

  • Authorization: Prior, express and informed consent of the Owner to carry out the Processing of personal data; Database: Organized set of personal data that is subject to Treatment.

  •  Personal data: Any information linked or that can be associated with one or more specific or determinable natural persons

  • Treatment Manager: Natural or legal person, public or private, that by itself or in association with others, performs the Treatment of personal data on behalf of the Treatment Manager.

  •  Responsible for the Treatment: Natural or legal person, public or private, that by itself or in association with others, decides on the database and/or the Treatment of the data.

  • Owner: Natural person whose personal data is subject to Treatment; Treatment: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion. As well as the definitions provided by Regulatory Decree No. 1377 of 2013 in its third article, as follows:

  1. Privacy Notice: Verbal or written communication generated by the Responsible, addressed to the Owner for the Treatment of their personal data, through which they are informed about the existence of the information Treatment policies that will be applicable, the way to access to them and the purposes of the treatment that is intended to give personal data.

  2. Public data: It is the data that is not semi-private, private or sensitive. Public data is considered, among others, data related to the marital status of people, their profession or trade and their quality as a merchant or public servant. Due to its nature, public data may be contained, among others, in public records, public documents, official gazettes and bulletins, and duly executed judicial decisions that are not subject to reservation.

  3. Sensitive data: Sensitive data is understood to be that which affects 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, membership in trade unions, social, 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.

  4. Transfer: The transfer of data takes place when the Person in Charge and/or Person in Charge of the Processing of personal data, located in Colombia, sends the information or personal data to a receiver, who in turn is Responsible for the Treatment and is inside or outside from the country.

  5. Transmission: Treatment of personal data that implies the communication of the same inside or outside the territory of the Republic of Colombia when its purpose is to carry out a Treatment by the Manager on behalf of the Responsible.

Legality of the processing of personal data

S4C will strictly comply with the principles that govern in Colombia for the treatment of Personal Data, and consequently is responsible for the data that, in the development of its contractual object, its labor, commercial and other relationships appear registered in its databases. data. Without prejudice to the exceptions provided by law, all treatment will be done with prior authorization from the Holder, which will be informed and may be obtained by any means that may be subject to subsequent consultation. At the time of obtaining the authorization of the personal data, the company S4C will clearly and expressly inform each owner of the following:

  1. The treatment to which your personal data will be subjected and its purpose.

  2. The optional nature of the answer to the questions that are asked, when they deal with sensitive data or the data of children and adolescents.

  3. The rights that assist you as the owner.

  4. The identification, physical or electronic address and telephone number of the Data Controller.

In order to guarantee the legality of the Data processing that all natural or legal persons who have or may have personal data in the databases of the S4C Company, may make use of their rights to:

  1. Know, update and rectify your personal data in front of the Treatment Managers or Treatment Managers. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or those whose Treatment is expressly prohibited or has not been authorized.

  2.  Request proof of the authorization granted to the Treatment Manager except when expressly excepted as a requirement for Treatment, in accordance with the provisions of article 10 of this law.

  3. Be informed by the Treatment Manager or the Treatment Manager, upon request, regarding the use that has been given to your personal data.

  4. Submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of this law and the other regulations that modify, add or complement it

  5.  Revoke the authorization and/or request the deletion of the data when the principles, rights and constitutional and legal guarantees are not respected in the Treatment. The revocation and/or suppression will proceed when the Superintendence of Industry and Commerce has determined that in the Treatment the Responsible or Person in Charge has incurred in conduct contrary to this law and the Constitution

  6. Free access to your personal data that has been processed.

The aforementioned Rights may be exercised by whoever demonstrates their legitimacy to do so by sending an email to _______@________ at the address __________, ___, and the person responsible is its General Manager _________

Legitimation

Every holder or successor in title must demonstrate their legitimacy to exercise their Rights; thus, they will be legitimized: The holder, who must sufficiently prove his identity by the means provided herein. The successor in title of the owner, accrediting such quality. Iii) The representative or proxy of the holder, prior accreditation of the representation or power of attorney. By stipulation of another, or for another. The rights of children and adolescents will be exercised by the people who are empowered to represent them.

Queries

Any holder of personal data that is in the S4C database, may make inquiries about their information through email _______@________; The company will provide the information that rests in its databases within a maximum term of ten (10) business days, which will begin to count from the day following its receipt. In case of not being able to deliver the information requested in said term, S4C will inform the interested party of the reason for the delay and will indicate the date of the definitive response; In any case, the response will be delivered without exceeding the term of fifteen business days, from the date of your request.

Claims

The owner who requires S4C  to correct, update or delete the information found in its databases, or revoke the authorization granted, may do so through the email customer.care@smarture.net The request must contain at least: Identification of the owner Description of the facts giving rise to the claim Address Attached documents (if required) If it is required to complete the request, or make any clarification in this regard, S4C SAS will request it within a term of five (5) days, counted from the date of receipt of the claim, for the purpose of making the clarifications, corrections or necessary additions. The response to the claim will be made within fifteen (15) business days following receipt of the claim; If it is not possible to respond within this term, S4C  will inform the claimant of the reasons for the delay and will determine the final date of response, a term that in any case will not exceed eight (8) additional days, to the first term. All claims will be registered in the National Registry of Databases by S4C.

Transfer and transmission of information

S4C will provide the information that rests in its databases to: Holders, or their successors or representatives Public or administrative entities in the exercise of their legal functions or by court order. Third parties authorized by the owner or by law Every assignee, representative or authorized person becomes in charge of processing the data provided, once it is available to them. This Policy responds to what is not foreseen, to what is prescribed by the National Constitution, and the Laws in force in the national territory. This Personal Data Protection Policy will come into effect on January 15, 2018; Any modification to this policy that affects the authorization obtained by the holders will be communicated by the most expeditious means possible, before coming into force.