1. NAME AND IDENTIFICATION OF THE COMPANY
SAGIR DOTACIONES Y PUBLICIDAD SAS, with NIT No. 900,436,438 – 9 duly constituted by means of a Private Document constitution minute, with its main address in the city of Cali, Valle del Cauca Department.
2. LEGAL FRAMEWORK
SAGIR DOTACIONES Y PUBLICIDAD SAS has a data processing policy in compliance with the provisions of the Political Constitution, article 15, Law 1266 of 2008, Law 1581 of 2012 and the regulatory Decree 1377 of 2013; rules that regulate the protection of personal data.
3. SCOPE
This Policy applies to the personal information obtained by SAGIR DOTACIONES Y PUBLICIDAD SAS for the personal databases of employees, customers and suppliers, which has been collected in the exercise of administrative, labor, commercial, academic and research activities that it develops the company as a manufacturer and marketer of clothing for endowment.
4. GLOSSARY
For the purposes of this Policy, it is understood by:
Authorization: Prior consent, expressed by the owner of some personal data 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 may be associated with one or more specific or determinable natural persons.
Public data: 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 records, public documents,
gazettes and official gazettes and duly executed judicial decisions that are not subject to reservation.
Sensitive data: Those that affect the privacy of the owner or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership of unions, social organizations, rights 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.
Habeas Data: Right of any person to know, update and rectify the information that has been collected about them in data banks and in files of public and private entities.
Personal Data Protection Law: It is Law 1581 of 2012 (Personal Data Protection Law) and its Regulatory Decrees or the rules that modify, complement or replace them, hereinafter “Data Protection Law”.
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 the collection, storage, use, circulation or deletion.
Transfer: The data transfer takes place when the Responsible and / or Person in Charge of the Treatment of personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is Responsible for the Treatment and is inside or outside from the country.
5. AUTHORIZATION OF THE HOLDER
SAGIR DOTACIONES Y PUBLICIDAD SAS, requires the free, prior, express and informed consent of the Owner. SAGIR, in its capacity as Responsible for the Processing of Personal Data, has had the necessary mechanisms to obtain the authorization of the Holder, its causes or legitimate representatives.
The authorization may be given by means of a physical, electronic document or any other format that allows guaranteeing its subsequent consultation, and that, in addition, it can be demonstrated, unequivocally, that the Data Owner
Personal: a) authorized the treatment, b) knows and accepts that SAGIR will collect and use the information for the purposes that have been informed.
No authorization is required from the Holder of personal data when it comes to:
Respond to a court order or when requested by a public or administrative entity in the exercise of its legal functions.
Personal data of a public nature.
Cases of medical or health emergency.
Information authorized by law for historical, statistical or scientific purposes.
Data related to the civil registration of people.
5.1 Data of children and adolescents
The authorization for the processing of the personal data of minors must be carried out under the authority of the parents or legal representatives of the minor.
5.2 Personal data of a sensitive nature.
In accordance with the Personal Data Protection Law, data of a sensitive nature are those that affect privacy or whose improper use may generate discrimination, such as those related to:
Racial or ethnic origin.
Political orientation.
Religious / philosophical convictions.
Membership of trade unions, social organizations, human rights organizations or political parties.
Sex life.
Biometric data (such as fingerprint, signature, and photo).
The Processing of Personal Data of a sensitive nature is prohibited by law, except with the express, prior and informed authorization of the Holder, among other exceptions enshrined in Article 6 of Law 1581 of 2012.
In this case, in addition to having the authorization, you must:
Inform the Holder that because it is sensitive data, he is not obliged to authorize the Treatment of it.
Inform the Holder which of the data that will be subject to Treatment are sensitive and the purpose of the Treatment.
6. PRINCIPLES
Freedom: The Processing of Personal Data can only be exercised with the prior, express and informed consent of the Holder.
Quality or Truthfulness: The information subject to treatment must be truthful, complete, exact, updated, verifiable and understandable.
Transparency: In the Treatment, the right of the Holder to obtain from SAGIR, at any time and without restrictions, information about the existence of data concerning him or her must be guaranteed.
Security: The information subject to Treatment, must be handled with the human and administrative measures that are necessary to grant security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.
Confidentiality: All persons involved in the Processing of Personal Data are obliged to guarantee the reservation of the information, even after the end of their relationship with any of the tasks that the processing comprises.
7. RIGHTS OF THE HOLDER
Natural persons whose personal data are subject to Treatment by SAGIR DOTACIONES Y PUBLICIDAD SAS, have the following rights, which they can exercise at any time:
Know the Personal Data on which the Treatment is being carried out. In the same way, the Holder can request at any time that his data be updated or rectified, for example, if he finds that his data is partial, inaccurate, incomplete,
fractioned or misleading.
Request proof of the authorization granted to THE COMPANY for the Treatment of your Personal Data.
Be informed, upon request, regarding the use that it has given to your Personal Data.
Submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of the Law on Protection of Personal Data.
Request the deletion of your Personal Data and / or revoke the authorization granted for the Treatment thereof, by submitting a claim. However, the request to delete the information and the revocation of the authorization will not proceed.
When the Owner of the information has a legal or contractual duty to remain in the Database and / or Files, nor while the relationship between the Owner and THE COMPANY, by virtue of which their data was collected, is in force.
Free access to your Personal Data subject to treatment
8. DUTIES OF THE HOLDER
The Owner must guarantee the veracity of the information provided to SAGIR DOTACIONES Y PUBLICIDAD SAS and update their information in a timely manner. In the event of falsehood in the information provided, SAGIR DOTACIONES Y PUBLICIDAD SAS is exempt from any
responsibility.
9. RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA.
In this Policy, the person responsible for personal data is identified as:
SAGIR DOTACIONES Y PUBLICIDAD SAS
NIT 900.436.438 – 9
ADDRESS Calle 2a OESTE # 24B – 46
CITY Santiago de Cali, Colombia
PHONE (57) (2) 3730056
EMAIL: sagir.dotaciones@hotmail.com
10. DUTIES OF THE DATA CONTROLLER
As stipulated in article 17 of Law 1581 of 2012 and Decree 1377 of 2013, it is submitted to fulfill the following duties:
Guarantee the Holder, at all times, the full and effective exercise of the right to habeas data.
Request and keep, under the conditions provided in the Law, a copy of the respective authorization granted by the Holder.
Properly inform the Holder about the purpose of the collection and the rights that assist him by virtue of the authorization granted.
Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
Guarantee that the information provided to the Person in Charge of Treatment is true, complete, exact, updated, verifiable and understandable.
Update the information, communicating in a timely manner to the Person in Charge of Treatment, all the news regarding the data that you have previously provided and adopt the other necessary measures so that the information provided to it is kept up-to-date.
Rectify the information when it is incorrect and communicate the pertinent to the Person in Charge of Treatment.
Provide the Treatment Manager, as the case may be, only data whose Treatment is previously authorized in accordance with the provisions of the Law.
Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.
11. TYPE OF REGISTERED INFORMATION
SAGIR DOTACIONES Y PUBLICIDAD SAS obtains information from the following sources:
When the owner voluntarily provides information.
In commercial service processes.
In billing processes
Other sources, which provide information related to the service that the owner requires.
In the processes of production activities or purchase of inputs.
In the exercise of labor and contracting processes.
The personal information collected may include, but is not limited to:
Name, addresses and phone numbers
Date and place of birth, as well as your gender
Email addresses.
Information necessary to facilitate contact or other services, including family or work information.
ID number, nationality and country of residence
Identification, representation and existence in the case of legal persons
Use of services.
Personal information provided through the internet.
Personal information provided to the commercial department.
12. PURPOSE OF DATA PROCESSING
Personal Data are processed for the following purposes:
Compliance with financial obligations
Staff pick
Prevention of occupational hazards
Temporary work management
Social benefits
Personnel management
Payroll management
Business analysis
Fiscal management
Economic and accounting management
Vendor management
Billing management
Management of charges and payments
Administrative management
Internal statistics management
Customer loyalty
Training
Schedule control
Purchase management and request for quotes
13. TRANSFER AND TRANSMISSION OF PERSONAL DATA
SAGIR DOTAICONES Y PUBLICIDAD SAS complies with the provisions of article 26 of the Law
Statutory 1581 of 2012 and refrains from transferring personal data of the Holders to other countries that do not have equal or superior standards of protection. However, the following exceptions will apply:
This prohibition will not apply when it comes to:
Information for which the Holder has granted his express and unequivocal authorization for the transfer.
Bank or stock transfers, in accordance with the legislation that is applicable to them.
Transfers agreed in the framework of international treaties to which the Republic of Colombia is a party, based on the principle of reciprocity.
Transfers necessary for the execution of a contract between the Owner and the Data Controller, or for the execution of pre-contractual measures as long as the Owner’s authorization is obtained.
14. REFUSAL TO TREATMENT OF INFORMATION
If the user considers that SAGIR DOTACIONES Y PUBLICIDAD SAS should not use or share their personal information for the purposes indicated here, they should write to the email sagir.dotaciones@hotmail.com stating their refusal.
15. PROCEDURES FOR CONSULTATIONS AND CLAIMS
15.1 Queries
The inquiries made by the Holder or the successor in title of him will be attended by SAGIR DOTACIONES Y PUBLICIDAD SAS within a term of (15) business days from the receipt of the request.
15.2 Claims
The Holder who considers that the information contained in the SAGIR DOTACIONES Y PUBLICIDAD SAS database must be subject to correction, updating or deletion, or when they notice the alleged breach of any of the duties contained in the law or in this policy,
They may file a claim with the Commercial Area, which will be processed under the following rules:
The claim will be made through a request addressed to the Commercial Area of SAGIR DOTACIONES Y PUBLICIDAD SAS by email to sagir.dotaciones@hotmail.com with the identification of the
Holder, the description of the facts that give rise to the claim, the contact telephone numbers, and accompanying the documents that you want to enforce.
The maximum term to attend the claim will be fifteen (15) business days from the day following the date of receipt, which may be extended for a maximum term of eight (8) business days.
If the claim is incomplete, the interested party will be required within five (5) business days following receipt of the claim to correct the faults. If, after two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that he has withdrawn the claim.
Before going to the entity in charge of monitoring compliance with the regulations on personal data protection, the Holder must initially process his claim with SAGIR DOTACIONES Y PUBLICIDAD SAS through the means and channels provided for this purpose.
16. SECURITY OF PERSONAL DATA
SAGIR DOTACIONES Y PUBLICIDAD SAS in application of the Principle of Security in the Treatment of Personal Data, will provide the technical, human and administrative measures that are necessary to grant security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access . The obligation and responsibility of the company is limited to having the appropriate means for this purpose; Likewise, it does not guarantee the total security of your information nor is it responsible for any consequence derived from technical failures or improper entry by third parties to the Database or File in which the Personal Data subject to Treatment by SAGIR rests. DOTACIONES Y PUBLICIDAD SAS.
17. MODIFICATIONS AND VALIDITY
SAGIR DOTACIONES Y PUBLICIDAD SAS reserves the right to modify this Policy at any time and will notify the Holders of any change.
This policy comes into effect from January 2016.
Elaborated;
VERONICA GIRALDO MILLAN
Commercial manager
Revised;
CARLOS A. SALAZAR
Legal representative