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BUSINESS POLICY FOR THE PROTECTION AND MANAGEMENT OF CUSTOMER DATA AND PERSONAL INFORMATION

 

In compliance with the provisions contemplated in articles 15 and 20 of the Political Constitution, Law 1581 of 2012 and Decree 1377 of 2013, EVOFORMA IMAGEN CORPORATIVA S.A.S. regulates herein:

  1. The processing and purpose of the personal information it collects.

  2. The rights of the Data Holders.

  3. The procedures established so that the Data Holders can exercise their rights.

  4. The security implemented for the collected information.

CHAPTER I

PRELIMINARY CONSIDERATIONS

ARTICLE 1. RESPONSIBLE FOR INFORMATION PROCESSING. The company Responsible for Processing Information is:

  • Business name: EVOFORMA IMAGEN CORPORATIVA S.A.S.

  • Location: Bogotá D.C., Republica de Colombia

  • Address: Cra 44 No. 10 a 55

  • Email: info@evoforma.net

  • Telephone: 7049699

ARTICLE 2. NOTIONS. For the proper compliance with the parameters set forth in the policies stated herein, and in accordance with the provisions of Article 3 of Law 1581 of 2013, as well as Article 3 Regulatory Decree 1377 of 2013, it is understood as:

  • Personal Information: Any information linked or that may be associated with one or more specific or determinable individuals, who are registered in the EVOFORMA IMAGEN CORPORATIVA S.A.S. database that makes them susceptible to processing.

  • Database: Organized set of personal information that is subject to processing.

  • Holder: Individual whose personal information is subject to processing.

  • Processing: Any operation on personal information, such as the collection, storage, use, circulation or deletion.

  • Responsible for processing the information: EVOFORMA IMAGEN CORPORATIVA S.A.S. will decide on the database and the processing.

  • In charge of processing the information: An individual or legal entity, public or private, that processes information on behalf of the Responsible Party.

  • Authorization: Prior, express and informed consent of the Holder to process their personal information, in favor of EVOFORMA IMAGEN CORPORATIVA S.A.S.

  • Notice of Privacy: Verbal or written notification generated by EVOFORMA IMAGEN CORPORATIVA S.A.S., addressed to the Holder for the Processing of their personal information, through which they are informed about the existence of the Information Processing Policies that will apply, the way to access them and the purposes of the intended Processing.

  • Transfer: Data transfer takes place when EVOFORMA IMAGEN CORPORATIVA S.A.S.sends the personal information to an addressee, who in turn is Responsible for Processing it.

  • Transmission: Processing of personal information that means its communication inside or outside the territory of the Republic of Colombia, with the purpose of processing by the person in charge on behalf of the Responsible Party.

CHAPTER II

PERSONAL INFORMATION PROCESSING

ARTICLE 3. PERSONAL INFORMATION PROCESSING. EVOFORMA IMAGEN CORPORATIVA S.A.S. will process personal information in compliance with the following provisions:

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will inform the Holders of the legitimate purpose of collecting their personal information.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will process personal information with the prior, express and informed consent of the Holder. Said consent may be granted by the Holder through any mechanism that allows guaranteeing its subsequent consultation. The authorization may be recorded i) in writing, ii) verbally, or iii) through unequivocal behavior of the Holder that allows concluding in a reasonable manner that authorization was granted.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S.will not process partial, incomplete, fragmented or misleading information.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will guarantee the Holder's right to obtain, at any time and without restrictions, information on the existence of personal information that concerns them.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. undertakes not to share personal information of the Holders, except public information, on the Internet or other mass media, with the exception of those events in which it is technically controllable to provide restricted knowledge to its Holders and authorized third parties.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will adopt the necessary technical, human and administrative measures to guarantee the security of the information subject to Processing, in particular avoiding its adulteration, loss, consultation, use or unauthorized or fraudulent access.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. undertakes that all persons involved in the processing of personal information are obliged to guarantee the confidentiality of the information even after their relationship has ended.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. undertakes that the information provided to the Processing Manager is true, complete, accurate, updated, verifiable and understandable.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will update the information, communicating in a timely manner to the Person Responsible for Processing, all the changes regarding the information that has previously been provided and adopt the other necessary measures so that the information provided is kept up to date.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S.will rectify the information when it is incorrect and will communicate what is relevant to the Person Responsible for the Processing, if applicable.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will provide the Person Responsible for Processing, as the case may be, only the information whose Processing is previously authorized in accordance with the provisions of this law and require respect for the security and privacy conditions of the Holder's information.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will inform the Processing Manager when certain information is under discussion by the Holder, once the claim has been submitted and the respective procedure has not been completed.

ARTICLE 4. PROCESSING OF PERSONAL INFORMATION OF GIRLS, BOYS AND ADOLESCENTS: EVOFORMA IMAGEN CORPORATIVA S.A.S. will process the personal information of girls, boys and adolescents in compliance with the following provisions:

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will respond to and respect the best interests and fundamental rights of girls, boys and adolescents.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will value the opinion of the child when he/she has the maturity, autonomy and capacity to understand the matter.

Once the above requirements have been fulfilled, the legal representative of the child or adolescent may grant authorization to EVOFORMA IMAGEN CORPORATIVA S.A.S. to Process their personal information, after exercising the minor's right to be heard, an opinion that must be assessed taking into account maturity, autonomy and ability to understand the matter.

ARTICLE 5. SENSITIVE DATA PROCESSING. EVOFORMA IMAGEN CORPORATIVA S.A.S. undertakes to comply with the legal limitations on the processing of sensitive information in the following terms:

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will obtain the Holder's explicit authorization for said processing, except in those cases in which the granting of said authorization is not required by law.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S.will obtain the authorization from the legal representatives of the Holders, when they are physically or legally unable to provide it themselves and the Processing is necessary to safeguard the Holder's vital interest.

  • EVOFORMA IMAGEN CORPORATIVA S.A.S. will carry out the Processing in the course of legitimate activities and with due guarantees by a foundation, NGO, association or any other non-profit organization, whose purpose is political, philosophical, religious or form a trade union, provided that they refer exclusively to its members or to people who maintain regular contact due to their purpose. In these events, the information may not be provided by EVOFORMA IMAGEN CORPORATIVA S.A.S. to third parties without the Holder's authorization.

CHAPTER III

PURPOSES

ARTICLE 6. PURPOSES OF THE PROCESSING OF INFORMATION. The purposes of the processing of personal information carried out by EVOFORMA IMAGEN CORPORATIVA S.A.S. are the following:

  • Provision of the services offered by EVOFORMA IMAGEN CORPORATIVA S.A.S.

  • >Execution of contracts signed with EVOFORMA IMAGEN CORPORATIVA S.A.S.

  • Customer service and marketing.

  • Sending information related to changes related to websites, Google and Facebook campaigns, e-Mail marketing, Digital Publications, Design and Media.

  • Registration of supplier and contractor information.

  • Investigating, verifying and validating the information provided by the Holders, with any information that EVOFORMA IMAGEN CORPORATIVA S.A.S. legitimately has.

CHAPTER IV

RIGHTS OF THE DATA HOLDERS

ARTICLE 7. RIGHTS OF THE DATA HOLDERS. EVOFORMA IMAGEN CORPORATIVA S.A.S.recognizes the Holder of the personal information has the following rights:

  • To know, update and rectify their personal information that is part of the database of EVOFORMA IMAGEN CORPORATIVA S.A.S. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented or misleading information, or that whose processing is expressly prohibited or has not been authorized.

  • To request proof of the authorization granted to EVOFORMA IMAGEN CORPORATIVA S.A.S.

  • To be informed by EVOFORMA IMAGEN CORPORATIVA S.A.S., upon request, regarding the use that has been given to their personal information.

  • To submit complaints to the Superintendence of Industry and Commerce for violations of the provisions of this business policy for the protection and processing of personal information of the clients of EVOFORMA IMAGEN CORPORATIVA S.A.S. and the regulations on the matter.

  • To revoke the authorization and/or request the deletion of the information when the principles, rights and constitutional and legal guarantees are not respected in the Processing.

  • To get free access to their personal information that has been subject to Processing at least once every calendar month and whenever there are substantial modifications to the processing policies.

ARTICLE 8. LEGITIMATION FOR THE EXERCISE OF THE HOLDERS' RIGHTS. In addition to the Holder of the information, EVOFORMA IMAGEN CORPORATIVA S.A.S., acknowledges that the following persons can exercise the Holders' rights as long as they prove their capacity:

  • Holder's Successors.

  • Holder's representative or proxy.

  • By stipulation in favor of another party or for another party.

PARAGRAPH: The Holder must prove their identity sufficiently.

CHAPTER IV

PROCEDURES

ARTICLE 9. ACCESS AND CONSULTATION In exercising the right to access, EVOFORMA IMAGEN CORPORATIVA S.A.S., will inform the Holder or their assignee of the processing to which their personal information is subjected, the information that exists on their personal information and the purpose that justifies its processing. To exercise this right, the Holder or their assignee must take into account the following provisions:

  • The Holder or their successor must send the corresponding written request to the offices of EVOFORMA IMAGEN CORPORATIVA S.A.S. located at Cra 44 No. 10ª55 in Bogotá D.C. from Monday to Friday from 8:00 AM to 6:00 PM.

  • To prevent unauthorized third parties from accessing the Holder's personal information, it will be necessary to previously establish the Holder's identification. When the request is made by a person other than the Holder and it is not proven that they are acting on behalf of the Holder, it will be considered as not submitted.

  • The request must contain the following information:

    • The Holder's identification.

    • Contact details (physical and/or electronic address and contact telephone numbers).

    • The documents that prove the Holder's identity, or the representation of their proxy.

    • The clear and precise description of the query.

    • Signature, identification number and fingerprint.

    • Filing in original.

  • Once EVOFORMA IMAGEN CORPORATIVA S.A.S. receives the written communication within a maximum term of 10 business days as of the date of receipt, it must respond to the query.

  • In the event that it is not possible to respond to the query within the term stated above, EVOFORMA IMAGEN CORPORATIVA S.A.S.will send a written communication to the Holder or their successor to the address reported in the request informing them that it is not possible to respond to their query indicating a new date on which it will be resolved, which in no case may exceed five (5) business days following the expiration of the initial term to respond to the query.

ARTICLE 10. CLAIMS SUPPORT. Claims proceed when the Holder or their successors consider that the information contained in the database of EVOFORMA IMAGEN CORPORATIVA S.A.S. should be corrected, updated or deleted, when they notice the alleged breach of any of the responsibilities of EVOFORMA IMAGEN CORPORATIVA S.A.S.and when they want to revoke the authorization. The complaint filed by the Holder or their successors will be processed under the following provisions:

  • The claim will be made through a written request filed at the offices of EVOFORMA IMAGEN CORPORATIVA S.A.S. from Monday to Friday from 8:00 AM to 6:00 PM.

  • To prevent unauthorized third parties from accessing the Holder's personal information, it will be necessary to previously establish the Holder's identification. When the request is made by a person other than the Holder and it is not proven that they are acting on behalf of the Holder, it will be considered as not submitted.

  • The request must contain the following information:

    • The Holder's identification.

    • Contact details (physical and/or electronic address and contact telephone numbers).

    • The documents that prove the Holder's identity, or the representation of their proxy.

    • The clear and precise description of the personal information with respect to which the Holder seeks to exercise any of the rights.

    • The description of the facts giving rise to the claim.

    • The documents that they want to assert.

    • Signature, identification number and fingerprint.

    • Filing in original.

  • If the claim is incomplete, EVOFORMA IMAGEN CORPORATIVA S.A.S. will contact the party concerned within five (5) days after receiving the claim to correct the faults. 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.

  • Once the complete claim is received, a legend will be included in the database that says, "claim in process" and the reason, in a term not exceeding two (2) business days. Said legend must be kept until the claim is solved.

  • The maximum term to address the claim will be fifteen (15) business days from the day following the date it was received. When it is not possible to address the claim within said term, the party concerned 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.

ARTICLE 11. DATA DELETION. EVOFORMA IMAGEN CORPORATIVA S.A.S. will guarantee the Holders or their successors, the deletion of their information, which will be governed by the following provisions:

  • The Holder must request the deletion of their information by submitting a written claim filed at the DATA DELETION offices. EVOFORMA IMAGEN CORPORATIVA S.A.S. located at Cra. 44 No. 10ª -55 in Bogotá D.C. from Monday to Friday from 8:00 AM to 6:00 PM. Said request may be submitted by the Holder at any time.

  • The request must contain the following information:

    • The Holder's identification.

    • Contact details (physical and/or electronic address and contact telephone numbers).

    • The documents that prove the Holder's identity, or the representation of their proxy.

    • Signature, identification number and fingerprint.

    • Filing in original.

  • The request for data deletion will not proceed in the event that the Holder has a legal or contractual duty to remain in the database.

  • The Holder has the right to request the deletion of their personal information when: they consider that they are not being processed in accordance with the law, they are no longer necessary or relevant for the purpose for which they were collected, or the period necessary to fulfill the purposes for which they were collected has been exceeded.

  • The suppression means the total or partial elimination of the personal information in accordance with the Holder's request from the records, files, databases or processing carried out by EVOFORMA IMAGEN CORPORATIVA S.A.S.

  • It is important to bear in mind that the right to cancel is not absolute and EVOFORMA IMAGEN CORPORATIVA S.A.S.may deny the exercise thereof when:

    • The request to delete the information will not proceed when the Holder has a legal or contractual duty to remain in the database.

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

    • The data is necessary to protect the Holder's legally-protected interests, to carry out an action based on public interest, or to comply with an obligation legally acquired by the Holder.

ARTICLE 12. AUTHORIZATION REVOCATION. The Holder of the personal information may revoke the consent to the Processing of their personal information at any time, as long as they are not prevented from doing do by a legal provision.

CHAPTER V

INFORMATION SECURITY

ARTICLE 13. SECURITY MEASURES: EVOFORMA IMAGEN CORPORATIVA S.A.S. will adopt the necessary technical, human and administrative measures to guarantee the security of the personal information being processed, thus avoiding its adulteration, loss, consultation, use or unauthorized or fraudulent access.

CHAPTER VI

FINAL PROVISIONS

ARTICLE 14. PERSONNEL APPOINTED FOR THE PERSONAL INFORMATION PROTECTION. EVOFORMA IMAGEN CORPORATIVA S.A.S. appoints the company's Management to be in charge of the protection of personal information; they will process the Holders' requests and guarantee the exercise of their rights.

ARTICLE 15. SUBSTANTIAL CHANGE IN BUSINESS POLICIES. EVOFORMA IMAGEN CORPORATIVA S.A.S.undertakes to inform the Holders of any substantial change in business policies for the protection and processing of customer information and personal information before implementing the new policies. In the event that the changes introduced refer to the Processing of information, EVOFORMA IMAGEN CORPORATIVA S.A.S. undertakes to obtain the corresponding authorization from the Holder.

ARTICLE 16. VALIDITY. The business policy for the protection and processing of personal information of clients implemented by EVOFORMA IMAGEN CORPORATIVA S.A.S. is effective as of July 25th, 2013.

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