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Personal Data Processing Policy SoftManagement S.A.

I. ABOUT US

Identification data: SOFTMANAGEMENT S.A. NIT 830.026.014-7, Contact information. Dir: Calle 100 # 9A – 45 Of. 404, Bogota. Tels .: (1) 6230811 website: www.softmanagement.com.co e-mail: datospersonales@softmanagement.com.co

DEFINITIONS:

Authorization: It refers to the expression of the prior, express and informed consent of the Holder so that SOFTMANAGEMENT S.A., or its Managers carry out the Processing of the Personal Data of the holder.

Privacy Notice: This is the physical document, electronic or in any other format, generated by SOFTMANAGEMENT SA, which has been made available to the Holder for the Treatment of his Personal Data, which communicates to the Holder the information related to the existence of the Personal Data Processing Policies that will be applicable to you, how to access them and the characteristics of the Treatment that is intended to be given to the Personal Data.

Database: They consist of an organized set of Personal Data that are subject to Treatment, and includes physical and electronic files. The Databases owned by SOFTMANAGEMENT S.A. They are detailed in section VI of these policies.

Personal Data: According to Law 1581 of 2012, it is any information linked or that can be associated with one or several determined or determinable natural persons.

Public Data: Personal Data qualified as public by law or the Political Constitution. The data relating to the marital status of people, their profession or trade, their status as merchant or public servant are public, among others.

Sensitive Data: Personal Data whose use 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 in unions, social organizations, of human rights or that promotes 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.

Owner: Natural person whose personal data are subject to Treatment.

Treatment: It is any operation or set of operations on Personal Data carried out by SOFTMANAGEMENT S.A., or the Treatment Managers on behalf of SOFTMANAGEMENT S.A. such as collection, storage, use, circulation or suppression.

Transfer: It consists in the sending of the Personal Data to a receiver who, in turn, is responsible for the Treatment in the terms of Law 1581 of 2012.

Transmission: It is the communication of the Personal Data to the Person in Charge of the Treatment, inside or outside the territory of the Republic of Colombia, with the purpose of carrying out a Treatment by the Person in Charge of the Treatment on behalf of SOFTMANAGEMENT S.A.

II. PERSONAL INFORMATION TREATMENT

The personal data of end customers, suppliers, contractors, employees, former employees, which are collected from now on or that are in our databases will be treated for the following purposes:

Final customers: SOFTMANAGEMENT S.A. will use the information that it provides to: 1. 1. Make the pertinent steps for the development of the pre-contractual, contractual and post-contractual stage with SOFTMANAGEMENT SA, with respect to any of the products offered by it that it has or has not acquired or, with respect to any underlying contractual relationship with it, as well as complying with Colombian or foreign law and the orders of judicial or administrative authorities; 2. Manage procedures (requests, complaints, claims), perform risk analysis, conduct satisfaction surveys regarding the goods and services of the company, as well as its business partners; 3. Provide contact information and documents relevant to the commercial force and / or distribution network, telemarketing, market research and any third party with which the company has a contractual link of any kind; 4. To make known, transfer and / or transmit my personal data inside and outside the country, to third parties as a result of a contract, law or legal link that requires it, or to implement cloud computing services. 5. Perform through any means directly or through third parties, programming and technical service provision, sale, purchase, billing, portfolio management, product performance monitoring, collection, business intelligence, marketing activities, promotion or advertising, service improvement, collection monitoring, verification, consultation and control, enabling payment methods as well as any other related to our current and future products and services, for the fulfillment of the contractual obligations and the corporate purpose of the company . 6. For sending and receiving merchandise or advertising material according to the requirements of the functions demanded and sustainability of the company’s business. 7. Control and prevent fraud in any of its modalities.

Suppliers, contractors and / or employees and former employees: Perform analysis, evaluations and selection of potential suppliers and / or contractors. Communication of our policies and procedures for linking suppliers. Analysis of information on quality and service levels received from suppliers. Legal compliance in fiscal, customs and commercial matters with administrative and judicial entities. Start business agreements to acquire goods or services Control and payments for the goods and services received. Monitoring, control and accounting records of the obligations contracted with suppliers. Consultations, audits and revisions derived from agreements with suppliers and / or contractors. Control and prevent fraud in any of its modalities.

Some of these tasks are carried out in compliance with a legal and contractual duty and therefore the processing of personal data is understood to be included in them.

III. RIGHTS OF THE HOLDERS

The Holders of the Personal Data registered in the SOFTMANAGEMENT S.A. Databases They have the following rights:

  1. Know, update and rectify your personal data. These rights may be exercised, among others, against partial, inaccurate, incomplete, fractional Personal Data, which are misleading, or those whose Treatment is expressly prohibited or has not been authorized;
  2. Request proof of the Authorization granted to SOFTMANAGEMENT S.A., except when expressly excepted as a requirement for Treatment, in accordance with the provisions of article 10 of Law 1581 of 2012;
  3. Be informed about the use that has been given to your Personal Data by SOFTMANAGEMENT S.A., or the Treatment Manager, upon request;
  4. By claim submitted in accordance with Art. 15 of Law 1581 of 2012, you can request the revocation of the authorization and / or request the deletion of the Personal Data when the Constitutional and legal principles, rights and guarantees are not respected or in any moment provided that the holder does not have the legal or contractual duty to remain in the databases of SOFTMANAGEMENT SA, and in accordance with the procedure indicated in section IV., of this Policy.
  5. Access free of charge, at least once a month to your Personal Data that has been subject to Treatment.

IV. CONSULTATION AND CLAIMS PROCEDURE

SOFTMANAGEMENT S.A. guarantees the right of consultation, providing to the people who act in exercise of this right, all the information contained in their individual registry or that is linked with the identification of the Holder.

The person in charge of attending to the requests in exercise of the rights by the holders will be the leader of Quality and Human Management, as the person who will receive, process and channel the different requests that are received, and will send them to the respective agency and mentioned in charge of the treatment, dependencies that once receive these communications, will come to fulfill the function of protection of personal data, and they will have to process the requests of the holders, in the terms, terms and conditions established by the current regulations, to the exercise of the rights of access, consultation, rectification, update, deletion and revocation referred to in current regulations on protection of personal data.

For the attention of requests for consultation of personal data, SOFTMANAGEMENT S.A. guarantees that there are electronic and telephone communication means.

The data for the exercise of rights are: Contact data. Dir: Calle 100 # 9A-45 Of. 404, Bogota. Tels .: (1) 6230811 e-mail: datospersonales@softmanagement.com.co

In any case, regardless of the mechanism implemented for the attention of requests for consultation, they will be attended within a maximum term of ten (10) business days from the date of receipt. In case of inability to attend the query within said term, we will inform the interested party before the expiration of the 10 days, stating the reasons for the delay and indicating the date on which your query will be attended, which in no case may exceed five (5) business days following the expiration of the first term.

Likewise, we guarantee the right to claim, to the databases for correction, updating or deletion, or when they warn of the alleged breach of any of the duties contained in Law 1581 of 2012 and other applicable regulations. The claim will be processed under the following rules:

  • If the claim received does not have complete information that allows it to process, such as, the identification of the Holder, the description of the facts that give rise to the claim, the address, and accompanying the documents to be enforced, the claimant will be required within five (5) days after receipt to correct the failures. 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.
  • If, under any circumstance, SOFTMANAGEMENT S.A. receives a claim addressed to another organization, it will transfer to the appropriate person within a maximum period of two (2) business days and inform the claimant of the situation.
  • Once the claim is received, it will be included in the database maintained by SOFTMANAGEMENT S.A. a legend that says “claim in process” and the reason for it, in a term not exceeding two (2) business days. This legend must be maintained until the claim is decided.
  • The maximum term to handle the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to attend it within said term, the interested party will be informed before the expiration of the aforementioned term, the reasons for the delay and the date on which his claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first term.

Special rules for the exercise of the rights of the owners:

The request for rectification, update or deletion must be submitted through the means enabled by SOFTMANAGEMENT S.A., indicated in the privacy notice and in this document, and contain, at a minimum, the following information:

  1. The name, address of the holder and means of contact to receive the answer such as telephone, email, residence address.
  2. The documents that prove the identity or representation of your representative.
  3. The clear and precise description of the personal data in respect of which the holder seeks to exercise any of the rights.
  4. If necessary, other elements or documents that facilitate the location of personal data.
  5. SOFTMANAGEMENT S.A., has the obligation to rectify and update at the request of the owner, the information of the latter that turns out to be incomplete or inaccurate, in accordance with the procedure and the terms indicated above. In this regard, the following shall be taken into account:

SOFTMANAGEMENT S.A., has full freedom to enable mechanisms that facilitate the exercise of this right.

Data Deletion: The owner has the right, at all times, to request SOFTMANAGEMENT S.A., the deletion (deletion) of their personal data when:

  • Consider that they are not being treated in accordance with the principles, duties and obligations set forth in Law 1581 of 2012.
  • They are no longer necessary or relevant for the purpose for which they were collected.
  • The period necessary for the fulfillment of the purposes for which they were collected has been exceeded.

This deletion implies the total or partial elimination of personal information as requested by the owner in the records, files, databases or treatments carried out by SOFTMANAGEMENT S.A. The holder must warn that the right of cancellation is not absolute and the person responsible can deny the exercise of the same when:

  1. The request for deletion of the information will not proceed when the holder has a legal or contractual duty to remain in the database.
  2. The elimination of data hinders judicial or administrative actions related to tax obligations, the investigation and prosecution of crimes or the update of administrative sanctions.
  3. The data is necessary to protect the legally protected interests of the holder; to perform an action based on the public interest, or to fulfill an obligation legally acquired by the holder.

If the cancellation of personal data is appropriate, SOFTMANAGEMENT S.A., must operatively carry out the deletion in such a way that the deletion does not allow the recovery of the information. It should also be taken into account that in some cases certain information must remain in historical records for compliance with legal obligations of the organization, so its deletion will be based on their active treatment and according to the request of the owner.

V. INTERNATIONAL TRANSFER OF PERSONAL DATA

When sending or transferring data to another country, you must always have the authorization of the owner of the information that is being transferred. Unless the law says otherwise, the existence of such authorization to carry out the international circulation of data is a necessary budget. In this sense, before sending personal data to another country, those obliged to comply with this policy must verify that there is prior, express and unequivocal authorization of the holder that allows them to transmit their personal data.

This transfer of personal data is made only to third parties with whom SOFTMANAGEMENT S.A. have a contractual, commercial and / or legal link.

VI. IDENTIFICATION OF DATABASES AND EFFECTIVE PERIOD:

The databases under treatment by Softmanagement are those enshrined in the document DO- Personal Data and Exercise of Rights and will be valid for the entire duration of the corporate purpose of the company.

This transfer of personal data is made only to third parties with whom SOFTMANAGEMENT S.A. have a contractual, commercial and / or legal link.

VII. VALIDITY AND UPDATE OF POLICIES

These policies apply as of September 20, 2015.

As a general rule, the term of authorizations on the use of personal data by customers and / or users is understood as the term of the business relationship or the link to the service and during the exercise of the company’s corporate purpose.

The authorizations on the data of the clients and / or users may terminate at will of the same at any time. If the person is an active Softmanagement customer, their data may not be used for anything other than the provision of the product or service and for the offer of subsequent renewals when the service has this modality.

When the terms of the privacy policies of any of the services or products contracted by a holder, essentially change, as a rule, in the services that have the option of renewal, the new authorization will be obtained in this. For all other cases, authorization will be obtained in the manner established for each privacy policy or notice or through the usual means of contact between the company and the owners.

Any substantial change in the Treatment policies will be communicated in a timely manner to the owners of the data through the usual means of contact and / or through:

  • Our website  www.softmanagement.com.co
  • Email sent to headlines
  • For holders who do not have access to electronic media or those who cannot be contacted, it will be communicated through open notices on the website or at the company’s headquarters.

Communications will be sent at least ten (10) days before implementing the new policies and / or substantial updating of the same.


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