Data Protection and Privacy Notice

OBJECTIVE

That Promotora Nativa SAS, of strict compliance with law 1581 of 2012, and the information of its employees, customers, suppliers and / or third parties is properly handled.

 

SCOPE

This policy is mandatory for all internal and external staff of Promotora Nativa SAS.

 

DEFINITIONS

In order that the recipients of this policy have clarity about the terms used throughout it, the following definitions are included in the General Law, that is, Law 1581 of 2012 and its regulatory decree, as well as the referred to the classification of data according to Law 1266 of 2008.

 

Authorization: Prior, express and informed consent of the Holder to carry out the processing of personal data.

 

Database: Organized set of personal data that is subject to Treatment, both by public and private entities. Includes those data repositories that consist of documents and that have the quality of files.

 

Personal data: Any information linked to or associated with one or several natural persons determined or determinable.

 

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

 

Responsible for the Treatment: Natural or legal person, public or private, which 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 or circulation.

 

Classification of the data under the General Law:

 

Sensitive and Public Data

 

The sensitive data is the one that affect the privacy of the Owner 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.

 

GUIDING PRINCIPLES:

 

Principle of legality in data processing: The treatment referred to in this law is a regulated activity that must be subject to what is established in it and in the other provisions that develop it.

 

Principle of purpose: The Treatment must obey a legitimate purpose in accordance with the Constitution and the Law, which must be informed to the Holder.

 

Principle of freedom: The Treatment can only be exercised with the prior, “express and informed consent of the Holder”. Personal data may not be obtained or disclosed without prior authorization, or in the absence of legal or judicial mandate that relieves consent.

 

Principle of truth or quality: The information subject to Treatment must be truthful, complete, accurate, updated, verifiable and understandable. The processing of partial, incomplete, fractioned or misleading data is prohibited.

 

Principle of transparency: In the Treatment, the right of the Holder to obtain from the Person in Charge of the Treatment or the Person in Charge of the Treatment, at any time and without restrictions, information about the existence of data that concerns him or her must be guaranteed.

 

Principle of access and restricted circulation: The Treatment is subject to the limits that derive from the nature of personal data, the provisions of this law and the Constitution. In this sense, the Treatment can only be done by persons authorized by the Holder and / or by the persons provided for in this Law.

 

Personal data, except public information, may not be available on the Internet or other means of dissemination or mass communication, unless the access is technically controllable to provide restricted knowledge only to the Holders or authorized third parties in accordance with this law.

 

Principle of security: The information subject to Treatment by the Person in Charge of the Treatment or Responsible for the Treatment referred to in this law, shall be handled with 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.

 

Principle of confidentiality: All persons involved in the processing of personal data that do not have the nature of public are obliged to guarantee the reservation of information, even after the end of their relationship with any of the tasks comprising the treatment, being able to only make provision or communication of personal data when this corresponds to the development of the activities authorized in this law and in the terms thereof.

 

POLITICS

RIGHTS OF THE HOLDERS:

 

Address PROMOTORA NATIVA SAS, through the channels established by it, in order to know, update and rectify your personal data. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose Treatment is expressly prohibited or has not been authorized.

 

Request proof of the authorization granted to PROMOTORA NATIVA SAS, except when, in accordance with the Law, the Treatment that is being carried out does not require it.

 

Be informed by PROMOTORA NATIVA SAS, upon request made through the channels provided by it, regarding the use that has been given to your personal data.

 

Submit to the Superintendency of Industry and Commerce complaints about infractions of the General Law and its regulatory decrees.

 

Revoke, in those cases that are not framed under the Special Law of Financial Data Habeas and in which it does not refer to essential or proper data of the signed contract the authorization; and / or request the deletion of the data when in the Treatment the principles, rights and constitutional and legal guarantees are not respected.

 

Access free of charge, through the channels provided by PROMOTORA NATIVA SAS, to your personal data that have been processed.

 

DUTIES AS RESPONSIBLE AND RESPONSIBLE FOR THE TREATMENT:

 

PROMOTORA NATIVA SAS, is responsible for the treatment of personal data of its customers, partners and suppliers.

 

The area responsible for safeguarding the exercise of customer rights: it is commercial and customer service.

 

The area responsible for safeguarding the exercise of the rights of collaborators: it is the administrative department.

 

The area responsible for safeguarding the exercise of the rights of suppliers: it is the acquisition of goods and services.

 

In order to facilitate the understanding regarding the situations in which PROMOTORA NATIVA SAS acts, as RESPONSIBLE, the term is defined below:

 

RESPONSABLE:

 

The General Law defines it as the natural or legal person, public or private, that by itself or in association with others, decides on the basis of data and / or the treatment of the data.

 

However, in accordance with the C-748 of 2011, is “the one that defines the purposes and essential means for the treatment of data, including those who act as source and User.” Being able to put the data in circulation or use them in a certain way.

 

The duties are:

 

Guarantee the Data Holders through the established channels of attention, in the full and effective exercise of the right of habeas data.

 

PROMOTORA NATIVA SAS, will keep the authorizations granted by the Owners (customers) in the Commercial and Customer Service Areas, when these are in writing; and those obtained through the website or email will be guarded by the Administrative area.

 

PROMOTORA NATIVA SAS, will inform about the purpose of the collection, in the text that is used to obtain the authorization, The Owner will always know the type of Treatment that will be given to their data, if they are going to circulate or be shared with the Related entities, or with commercial allies, with what purpose or purposes and how to express their will in relation to this scope of the Treatment.

 

PROMOTORA NATIVA SAS, will inform that the use made of the data is the one corresponding to the development of their contractual relationships established with customers and users, as well as indicating that they may use the personal data provided for the development of statistical and fraud prevention tools . Likewise, it will indicate that it requests the consent of the client to send commercial information referring to the products and services offered by it, as well as for the related companies, which will list on the web page to send advertisements about their products and services, which they would complement the portfolio of services developed by the Group to which it belongs.

 

In the event that commercial partners information is used, it will be reviewed that it has the corresponding authorizations and in the event of allowing commercial partners to know personal contact data to make offers, it will be verified that the Owners have given their consent to such purposes. In these cases there will always be a clear and available option to revoke the consent, and if so, the data will be signaled in order to avoid re-use to make such offers.

 

To comply with the duty to ensure that the information provided to the Treatment Manager is accurate, complete, accurate, updated and understandable controls have been established to determine the latest date of update of the information, the consolidation of all existing data corresponding to a Holder, and the duty to verify by the Area that establishes the delivery terms of the information that the same meets such characteristics.

 

Likewise, the contracts that are celebrated with the Managers of the Treatment will establish simple but efficient mechanisms of validation of data, with the purpose of procuring at all times the updated and adequate use of the information.

 

It is important to note at this point that the effective collaboration of the Holders regarding the updating of their information, in the data that is known in the first instance by them, will be fundamental for the optimal fulfillment of this duty to inform the Manager about all the news regarding the data that has been provided.

 

DUTIES IN QUALITY OF TREATMENT MANAGER.

 

The law states that it is the natural or legal person, public or private, that by itself or in association with others, performs the processing of personal data on behalf of the controller.

 

Therefore, and by virtue of the development of the corporate purpose of PROMOTORA NATIVA SAS, it is in charge of the data processing of customers, collaborators and suppliers, all those entities and individuals with whom at a given moment they share databases and information containing data. of these, always safeguarding the rights of the owners.

 

There will be efficient channels that allow updates of the information made by the Responsible Party to be received and processed within a period of five (5) business days provided for in the Law. These will be referred to an email and to the telephone contact generated from the competent Area. .

 

When there is information that is being controverted by the Holder and whose blockade has been ordered by the Superintendence of Industry and Commerce, the corresponding instructions will be issued by the Legal Department so that it does not continue in circulation.

 

Access to information will be allowed only to persons authorized by law for this purpose. For these purposes, the requirements that must be met by the Judicial and Administrative Authorities requesting this type of information, which will be referred to the clear identification of the functions under which the request is made and the number assigned to the investigation that is being carried out; as well as those that must be fulfilled by the Owners, agents or assignees, in particular the manner of proving their quality and the supports that are required.

 

CONSULTATION POLICIES:

 

In development of article 14 of the Law called “Consultations”:

 

The Owners or their successors may consult the information that is stored in the databases managed by PROMOTORA NATIVA SAS.

 

The Holders must prove their identity as follows:

 

Applications submitted through a written document: attach a copy of the identity card.

 

Applications submitted through the website: must complete an identity validation questionnaire.

 

The successors must prove their kinship by attaching a copy of the deed where the succession is opened and a copy of their identity document.

 

The attorneys-in-fact must submit an authentic copy of the power of attorney and their identity document.

 

Once PROMOTORA NATIVA SAS receives the request for information through any of the channels indicated above, it will proceed to review the individual record that corresponds to the name of the Holder and the identity document number provided, if it finds any difference between these two data. will inform within five (5) business days following its receipt, in order for the applicant to clarify it.

 

If reviewed the document provided and the name of the Owner finds that there is agreement in them will proceed to respond within a term of ten (10) business days.

 

In the event that PROMOTORA NATIVA SAS, considers that it requires a longer time to respond to the query, inform the Owner of such situation and respond within a term not to exceed five (5) business days after the expiration of the term .

 

AUTHORIZATION FOR THE PROCESSING OF INFORMATION:

 

Notwithstanding the exceptions provided for in the Law, the Treatment requires the prior and informed authorization of the Holder, which must be obtained by any means that may be subject to further consultation.

 

The Holder’s authorization will not be necessary in the case of:

 

Information required by a public or administrative entity in the exercise of its legal functions or by court order;

 

Data of a public nature;

 

Cases of medical or sanitary emergency;

 

Processing of information authorized by law for historical, statistical or scientific purposes;

 

Data related to the Civil Registry of Persons.

 

 

PROMOTORA NATIVA SAS, when it is faced with any of these situations will leave it clearly revealed and in any case will comply with the other provisions contained in the Law.

 

The texts of the authorizations to be made available to the Data Holders will be clear, and will indicate both the requirements established by Law 1266 of 2008, when applicable, and by Law 1581 of 2012 and Decree 1377 of 2013. Therefore, it will seek to review separately the pertinent to both regulations, in such a way that there is no confusion on the part of the Holder about the rights that attend him under each one of them.

 

Personal data, as defined in article 3 of law 1581 of 2012, collected by PROMOTORA NATIVA SAS, will be used to store, analyze, cross, update, as well as to communicate and distribute information about our real estate projects and / or services, events and / or promotions of a commercial and marketing nature and in general related to the quality with which the owner relates contractually with us.

 

PROMOTORA NATIVA SAS, uses third party providers for the processing of information, regarding the sending of physical documents, in some cases emails with promotional and advertising content, within the scope and for the purposes included in the authorization that has been granted. , according to this policy and as foreseen in law 1581 of 2012.

 

CHANNELS OF ATTENTION TO PERSONAL DATA HOLDERS:

 

The means of reception and attention of requests, queries, complaints, claims that holders have are:

 

Email: administracion@haciendaselrancho.com

 

Phone: 316 8347698.

 

Address main office: Km. 10 Vía El Edén, Mall Paraíso in front of the Glorieta of the Campestre Club of Armenia, local 17. Armenia – Quindío.

 

COMPLAINTS AND CLAIMS:

 

The owner of the data may exercise any type of complaint or claim, by writing to PROMOTORA NATIVA SAS.

 

Proof of correction, the owner requests that those data that prove to be inaccurate, incomplete, fractioned, that lead to error be modified, or those whose treatment is expressly prohibited or has not been authorized.

 

Claim of suppression, the right of the owner to delete the data that are inadequate, excessive or do not respect the principles, rights and constitutional and legal guarantees.

 

Revocation claim, the right of the owner to cancel the authorization previously provided for the processing of their personal data.

 

Claim of infringement, the right to request that the breach of the regulations on data protection be corrected.

 

COMPLIANCE AND ASSURANCE

The Commercial and Administrative coordination are in charge of informing the policies contained in this document, ensuring that the work team understands them and makes an action plan to comply with them, in the same way the Administrative area must monitor and control compliance with them.