NOTICE OF PRIVACY
This Privacy Notice (hereinafter the “Notice”) establishes the terms and conditions under which QBCo S.A.S. will carry out the processing of your data:
1. TREATMENT AND PURPOSE
The treatment that QBCo will carry out with the personal information will be the following: to collect, store, debug, analyze, circulate and update, in order to facilitate the sale and purchase of goods as well as the provision of services, exercise collection procedures, evaluate the service provided by QBCo, make invitations to events and offer new products and services.
2. RIGHTS OF THE HOLDER
As the holder of your personal data, you have the right to:
a. Know, update and rectify your personal data in front of QBCo. This right may be exercised, inter alia, against partial, inaccurate, incomplete, fractional data that is misleading, or those whose treatment is expressly prohibited or has not been authorized.
b. Request proof of authorization granted to QBCo unless expressly excepted as a requirement for treatment, in accordance with the provisions of article 10 of Law 1581 of 2012.
c. Be informed by QBCo, upon request, regarding the use you have given to your personal data.
d. File complaints with the Superintendence of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and the other regulations that modify, add or complement it.
e. Revoke the authorization and / or request the deletion of the data when the constitutional and legal principles, rights and 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 QBCo treatment it has incurred in conduct contrary to the law and the Constitution.
f. Access free of charge to your personal data that have been processed.
g. Refrain from answering questions about sensitive data. The answers that deal with sensitive data or data on children and adolescents will be optional.
3. MECHANISMS TO KNOW THE PERSONAL DATA PROCESSING POLICY OF QBCo S.A.S.
You can access at any time our Personal Data Processing Policy, which is published on the website of QBCo S.A.S. www.qbco.com.co. If you wish to submit a query, claim or request for information related to the protection of your personal data, you can contact us by email email@example.com, send a written communication to Carrera 15 bis # 39 – 57 in Bogotá, or the Kilometer 1 main road Buga – Tuluá (Valle del Cauca), or call (2) 2384452 – (2) 2288503 – (1) 3381448 (1) 3381450.
POLICY FOR THE PROCESSING OF PERSONAL DATA
The policies contained in this document were prepared based on the provisions of articles 15 and 20 of the Political Constitution of Colombia, Law 1581 of 2012 and its regulatory decrees, and will be governed in the subsequent, in addition, by the regulatory provisions that in any way modify or repeal said norms.
The policies indicated in this document will be applicable to the personal data that QBCo S.A.S. (hereinafter “QBCo) collect for its treatment, and to the databases that contain information from customers, suppliers, consumers, direct employees and through temporary service companies, and third parties in general.
Of Law 1581 of 2012 and Decree 1377 of 2013.
Authorization: Prior, express and informed consent of the Holder to carry out the Processing of personal data.
Privacy notice: Verbal or written communication generated by the Responsible, addressed to the Holder for the Treatment of his personal data, by means of which he is informed about the existence of the policies of Treatment of information that will be applicable to him, the way to access to them and the purposes of the Treatment that is intended to give personal data.
Database: Organized set of personal data that is the object of Treatment;
Personal data: Any information linked or that may be associated with one or more specific or determinable natural persons.
Public data: It is the data that is not semi-private, private or sensitive. Public data are considered, among others, data relating to the marital status of people, their profession or trade and their status as merchant or public servant. By their nature, public data may be contained, among others, in public records, public documents, gazettes and official gazettes and duly enforced judicial sentences that are not subject to reservation.
Sensitive data: Sensitive data means those that affect 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 trade unions, social, human rights organizations or those 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.
Person 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 Person Responsible for the Treatment.
Responsible for the Treatment: 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.
Owner: Natural person whose personal data is subject to Treatment.
Transfer: The data transfer takes place when the Responsible and / or Person in Charge of the Processing 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.
Transmission: Treatment of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when it is intended to carry out a Treatment by the Manager on behalf of the Responsible.
Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion.
The principles indicated below constitute the general parameters that QBCo will follow for the processing of personal data that it collects:
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 a legal or judicial mandate that relieves consent.
Principle of truthfulness or quality: The information subject to Treatment must be truthful, complete, accurate, updated, verifiable and understandable. Processing of partial, incomplete, fractional or error-inducing data is prohibited.
Principle of transparency: In the Treatment, the right of the Holder to obtain from QBCo, at any time and without restrictions, information about the existence of data concerning him must be guaranteed.
Principle of access and restricted circulation: The Treatment is subject to the limits that derive from the nature of personal data, from the provisions of this Law 1581 of 2012 and the Constitution. In this sense, the Treatment may only be done by persons authorized by the Holder and / or by the persons provided for in Law 1581 of 2012.
Personal data, except public information, may not be available on the Internet or other means of disclosure or mass communication, unless access is technically controllable to provide restricted knowledge only to the Owners or authorized third parties.
Security principle: The information subject to Treatment by QBCo should 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 audiences are obliged to guarantee the reservation of information, even after the end of their relationship with any of the tasks included in the Treatment, being able only make provision or communication of personal data when it corresponds to the development of the activities authorized in Law 1581 of 2012 and in the terms of the same.
4. PURPOSES OF THE PROCESSING OF PERSONAL DATA
Personal data collected by QBCo will be used for the following purposes:
1. Carry out the pertinent steps for the development of the company’s corporate purpose in relation to the fulfillment of the object of the contract concluded with the holder of the information.
2. Make invitations to events and offer new products and services.
3. Manage procedures (requests, complaints, claims).
4. Carry out satisfaction surveys regarding the goods and services offered by QBCo.
5. Contact the holder through telephone means to conduct surveys, studies and / or confirmation of personal data necessary for the execution of a contractual relationship.
6. Contact the holder through email to send extracts, statements or invoices in relation to the obligations arising from the contract between the parties.
7. To fulfill the obligations contracted by QBCo with the owner of the information, in relation to the payment of salaries, social benefits and other remuneration enshrined in the employment contract or as provided by law.
9. Offer corporate welfare programs and plan business activities for the holder and his beneficiaries (children, spouse, permanent partner).
10. Transmit personal data outside the country to third parties with whom QBCo has signed a data processing contract and it is necessary to submit it for the fulfillment of the contractual object.
11. Provide the services offered by QBCo and accepted in the contract signed.
12. Provide the information to third parties with whom it has a contractual relationship and that is necessary to deliver it for the fulfillment of the contracted object.
13. Inform about new products or services that are related to those received when providing personal data.
14. Report changes in the products or services offered by QBCo.
15. Obtain goods and services.
16. Convene to participate in positions within the company.
In the processing of personal data carried out by QBCo, the permanence of the data in their information systems will be determined by the purpose of said processing. Consequently, once the purpose for which the data was collected has been exhausted, QBCo will proceed to its destruction or return, as the case may be, or to keep them as provided by law, adopting technical measures that prevent inappropriate treatment.
5. HOLDER RIGHTS
In accordance with the provisions of article 8 of Law 1581 of 2012, the holders of personal data contained in QBCo databases will have the rights described below:
a) Know, update and rectify your personal data against QBCo. This right may be exercised, inter alia, against partial, inaccurate, incomplete, fractional data that is misleading, or those whose treatment is expressly prohibited or has not been authorized.
b) Request proof of authorization granted to QBCo unless expressly excepted as a requirement for treatment, in accordance with the provisions of article 10 of Law 1581 of 2012.
c) Be informed by QBCo, upon request, regarding the use you have given to your personal data.
d) Submit complaints to the Superintendence of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and the other regulations that modify, add or complement it.
e) Revoke the authorization and / or request the deletion of the data when the constitutional and legal principles, rights and 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 QBCo treatment it has incurred in conduct contrary to the law and the Constitution.
f) Access free of charge to your personal data that have been processed.
This Manual, in later sections, defines the procedures implemented to guarantee these rights.
6.PROCEDURE FOR CONSULTATION, RECTIFICATION AND UPDATING OF PERSONAL DATA.
The power of disposition or decision that the owner has about the information that concerns him, necessarily implies the right to access his personal information that is being treated, as well as to know the scope, conditions and generalities of said treatment. To that extent, QBCo guarantees the holder his right of access in three ways:
a) The first implies that the holder can know the effective existence of the treatment to which their personal data are subjected.
b) The second, that the holder can have access to their personal data that is in the possession of the person in charge.
c) The third, supposes the right to know the essential circumstances of the treatment, which translates into the duty of QBCo to inform the owner about the type of personal data processed and each and every one of the purposes that justify the treatment.
QBCo guarantees the right of access when, prior accreditation of the identity of the holder or his representative or agent, is made available to the latter, free of charge, the detail of the personal data subject to processing through means that allow access Direct from the holder to them.
The ways by which the holders of personal data can know, rectify and update their information, are the following:
• Email: firstname.lastname@example.org
• Phone: (2) 2384452 – (2) 2288503
• Physical dependencies, with attention to the customer service area:
In Buga: Kilometer 1 main road Buga – Tuluá.
In Bogotá: Carrera 15 bis # 39 – 57
In the development of the constitutional guarantees of access, update, rectification, cancellation and opposition by the holder of personal data or legally authorized interested parties, that is, their successors, proxies or legal representatives, QBCo adopts the following procedures:
1. The owner of the data and / or interested in exercising one of these rights, will accredit this condition by copying the relevant document and your identity document, which you can provide by physical or digital means. In the event that the owner is represented by a third party, the respective power must be brought together, which must have recognition of the content before a notary. The attorney must also prove their identity in the terms indicated.
2. The application must contain the following:
– Name and surname of the holder of the personal data, and of their representatives or proxy, if applicable.
– Documents proving the identity of the applicant and his representative or agent with the respective authorization.
– Clear and precise description of the personal data in respect of which the owner wishes to exercise any of the rights described in this document.
– Concrete request for access, update, rectification, cancellation, opposition or revocation of consent.
– Physical and / or electronic address for notifications. In the absence of such information, the response will be available and will be delivered to the QBC facilities once the term to respond is met.
3. The request will be answered within a maximum period of ten (10) business days from the date of receipt of the same. When it is not possible to meet the request within said term, QBCo will inform the interested party expressing the reasons for the delay and indicating the date on which the request will be attended, which may not exceed five (5) business days after the expiration of the request. foreground.
The Holder or his successors who consider that the information contained in a database must be subject to correction, update or deletion, or when they notice the alleged breach of any of the duties contained in Law 1581 of 2012, may file a claim with QBCo, which will be processed under the following rules:
1. The claim will be formulated by request addressed to QBCo, with the identification of the Holder, the description of the facts that give rise to the claim, the notification address, and accompanying the documents that are to be enforced. If the claim is incomplete, QBCo will require the interested party within five (5) days after receipt of the claim to remedy the failures. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that he has given up the claim.
2. The maximum term to address the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to address the claim within said term, QBCo will inform the interested party 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 finished.
In the cases in which QBCo has the status of the person in charge of the treatment, it will inform the holder or interested in the personal data, and will communicate to the person responsible for the personal data about the request, so that it responds to the query or complaint presented . Copy of such communication will be directed to the owner of the data or interested party, so that he has knowledge about the identity of the person in charge of the personal data and, consequently, of the principal obligated to guarantee the exercise of his right.
QBCo will document and store the requests made by the owners of the data or by those interested in exercising any of the rights, as well as the responses to such requests. This information will be treated in accordance with the policies applicable to the correspondence of the organization.
7. AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA
QBCo will request authorization for the processing of personal data by any means that allows it to be used as evidence, preferably written means. Depending on the case, the authorization may be part of a larger document (such as a contract) or of a specific document for this purpose. In any case, the description of the purpose of the data processing will be indicated in the same document or in the attached document. QBCo will inform the holder, before requesting authorization, at least on the following aspects:
– The treatment to which your personal data will be submitted and its purpose.
– The optional nature of the answer to the questions asked, when they deal with sensitive data.
– The rights that assist you as a holder. QBCo will indicate in the questionnaires or forms the location on the institutional website where this manual can be consulted. By signing, the holder certifies that he has read and understood the manual in its entirety and accepts it in terms of its scope and content.
– The identification, physical or electronic address and telephone number of the person responsible for the treatment.
– QBCo will keep the authorizations granted in a secure file and deliver a copy to the holder when requested.
Exceptionally, this authorization will not be required in the following cases:
– When the data is required by a public or administrative entity in compliance with its legal functions, or by court order.
– In the case of public data.
– In cases of medical or health emergency.
– In the case of information authorized by law for historical, statistical or scientific purposes.
– In the case of personal data related to the Civil Registry of people.
In these cases, although the authorization of the owner is not required, if the other legal principles and provisions on protection of personal data will apply.
8. NATIONAL REGISTRY OF DATABASES
In accordance with the provisions of article 25 of Law 1581 of 2012 and its regulatory decrees, QBCo will register its databases and this Personal Data Protection Policy in the national database registry administered by the Superintendence of Industry and Commerce , and will keep the information recorded in the databases registered in the aforementioned registry updated, in accordance with the procedure defined for that purpose by the Superintendence of Industry and Commerce.
The personal data treatment policy contained in this document is effective on July 15, 2019.