Privacy Policy
1. REACH
This Personal Data Protection Policy will apply to all Databases and/or Files that contain Personal Data that are subject to Treatment by ILEANOVO.
2. IDENTIFICATION OF THE RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA
ILEANOVO entity with address at Mall Complex Los Balsos, Carrera 25 #12 Sur-59, Local 209, Medellín, Antioquia. Email [email protected], Telephone +57 323 221 2764
3. DEFINITIONS
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 person in charge, addressed to the owner for the Treatment of their Personal Data, through which they are informed about the existence of the Information Treatment Policies that will be applicable, 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 subject to Treatment.
Clients: Natural or legal person, public or private with whom ILEANOVO has a commercial relationship. It includes stores, supermarkets, mini markets, among others.
Personal Data: Any information linked or that can be associated with one or more specific or determinable natural persons. Some examples of personal data are the following: name, citizenship card, address, email, telephone number, marital status, health data, fingerprint, salary, assets, financial statements, etc.
Sensitive data: Information that affects the privacy of the Holder or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership in unions, social organizations, 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, among others, the capture of still or moving images , fingerprints, photographs, iris, voice, facial or palm recognition, etc.
Treatment Manager: Natural or legal person, public or private, that by itself or in association with others, performs the Treatment of Personal Data on behalf of the Treatment Manager. In the events in which the person in charge does not act as person in charge of the database, the person in charge will be expressly identified.
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.
Claim: Request from the Owner of the data or from the persons authorized by it or by the Law to correct, update or delete their personal data or to revoke the authorization in the cases established by Law.
Terms and Conditions: general framework in which the conditions for the participants of promotional or related activities are established.
Holder: Natural person whose Personal Data is subject to Treatment.
Transfer: The transfer of data takes place when the Person in Charge and/or Person in Charge of the Processing of personal data, located in Colombia, sends the information or personal data to a receiver, 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 its purpose is 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 collection, storage, use, circulation or deletion.
4. Principles Applicable to the Processing of Personal Data
For the Treatment of Personal Data, ILEANOVO will apply the principles mentioned below, which constitute the rules to follow in the collection, handling, use, treatment, storage and exchange of personal data:
Legality: The processing of personal data will be carried out in accordance with the applicable legal provisions (Statutory Law 1581 of 2012 and its regulatory decrees).
Purpose: The personal data collected will be used for a specific and explicit purpose which must be informed to the Holder or permitted by Law. The Holder will be informed in a clear, sufficient and prior manner about the purpose of the information provided.
Freedom: The collection of Personal Data may only be exercised with the prior, express and informed authorization of the Owner.
Veracity or Quality: The information subject to the Processing of Personal Data must be truthful, complete, exact, updated, verifiable and understandable.
Transparency: In the Processing of Personal Data, the Holder’s right to obtain, at any time and without restrictions, information about the existence of data that concerns him is guaranteed.
Restricted access and circulation: The processing of personal data may only be carried out by the persons authorized by the Owner and/or by the persons provided for in the Law.
Security: The Personal Data subject to Treatment will be handled adopting all the security measures that are necessary to avoid its loss, adulteration, consultation, use or unauthorized or fraudulent access.
Confidentiality: All officials who work at ILEANOVO are obliged to keep confidential the personal information to which they have access on the occasion of their work at ILEANOVO.
5. Treatment and Purposes to which the Personal Data processed by ILEANOVO will be submitted
ILEANOVO acting as Responsible for the Treatment of Personal Data, for the proper development of its commercial activities, as well as for the strengthening of its relations with third parties, collects, stores, uses, circulates and deletes Personal Data corresponding to natural persons with whom it has or has had a relationship, such as, without the enumeration meaning limitation, workers and their families, shareholders, consumers, customers, distributors, suppliers, creditors and debtors, for the following purposes or purposes:
5.1. General purposes for the processing of Personal Data
Allow the participation of the Holders in marketing and promotional activities (including participation in contests, raffles and raffles) carried out by ILEANOVO.
Evaluate the quality of the service, carry out market studies on consumption habits and statistical analysis for internal uses; Control access to ILEANOVO offices and establish security measures.
Respond to queries, requests, complaints and claims that are made by the Holders and control bodies and transmit the Personal Data to the other authorities that under the applicable law must receive the Personal Data;
To eventually contact, via email, or by any other means, natural persons with whom you have or have had a relationship, such as, without the enumeration meaning limitation, workers and their families, shareholders, consumers, customers, distributors, suppliers , creditors and debtors, for the aforementioned purposes.
Transfer the information collected to different areas of ILEANOVO and its related companies in Colombia and abroad when necessary for the development of its operations (portfolio collection and administrative collections, treasury, accounting, among others);
For the attention of judicial or administrative requirements and the fulfillment of judicial or legal mandates;
Register your personal data in the ILEANOVO information systems and in its commercial and operational databases;
Any other activity of a similar nature to those described above that are necessary to develop the corporate purpose of ILEANOVO.
5.2. Regarding the personal data of our Clients and Consumers:
To fulfill the obligations contracted by ILEANOVO with its Clients and Consumers at the time of acquiring our products;
Send information about changes in the conditions of the products offered by ILEANOVO;
Send information about offers related to the products offered by ILEANOVO and its related companies;
To strengthen relationships with its Consumers and Clients, by sending relevant information, taking orders and evaluating the quality of the service;
For the determination of pending obligations, the consultation of financial information and credit history and the report to information centers of unfulfilled obligations, regarding its debtors;
To improve, promote and develop its products and those of its related companies worldwide;
Train sellers and agents in basic aspects of commercial management of the products offered by ILEANOVO;
Allow companies linked to ILEANOVO, with which it has entered into contracts that include provisions to guarantee the security and proper treatment of the personal data processed, to contact the Owner with the purpose of offering goods or services of interest to them;
Control access to ILEANOVO offices and establish security measures, including the establishment of video-monitored areas;
Use the different services through the ILEANOVO websites, including downloading content and formats.
5.3. Regarding the personal data of our employees:
Manage and operate, directly or through third parties, the personnel selection and hiring processes, including the evaluation and qualification of the participants and the verification of work and personal references, and the performance of safety studies;
Develop the activities of the Human Resources management within ILEANOVO, such as payroll, affiliations to entities of the general social security system, welfare and occupational health activities, exercise of the sanctioning power of the employer, among others;
Make the necessary payments derived from the execution of the employment contract and/or its termination, and the other social benefits that may be applicable in accordance with the applicable law;
Hire employment benefits with third parties, such as life insurance, medical expenses, among others;
Notify authorized contacts in case of emergencies during work hours or on the occasion of the development of the same;
Coordinate the professional development of employees, employee access to the employer’s computer resources and support their use;
Plan business activities;
5.4. Regarding Supplier Data:
To invite them to participate in selection processes and events organized or sponsored by ILEANOVO;
For the evaluation of the fulfillment of its obligations;
To register in the ILEANOVO systems;
To process your payments and check outstanding balances;
6. Rights of the Holders of Personal Data
Natural persons whose Personal Data are subject to Treatment by ILEANOVO, have the following rights, which they may exercise at any time:
6.1 Know the Personal Data on which ILEANOVO is performing the Treatment. In the same way, the Owner may request at any time that their data be updated or rectified, for example, if they find that their data is partial, inaccurate, incomplete, fractioned, misleading, or those whose Treatment is expressly prohibited or not. has been authorized.
6.2 Request proof of the authorization granted to ILEANOVO for the Processing of your Personal Data.
6.3 Be informed by ILEANOVO, upon request, regarding the use that it has given to your Personal Data.
6.4 Submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of the Personal Data Protection Law.
6.5 Request ILEANOVO to delete your Personal Data and/or revoke the authorization granted for their Treatment, by submitting a claim, in accordance with the procedures established in number 13 of this Policy. However, the request for deletion of the information and the revocation of the authorization will not proceed when the Holder 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 ILEANOVO, by virtue of which their data was collected.
6.6 Free access to your Personal Data that has been processed.
The rights of the Holders may be exercised by the following persons:
By the Holder;
By their successors in title, who must prove such quality;
By the representative and/or proxy of the Holder, prior accreditation of the representation or power of attorney; By stipulation in favor of another or for another.
7. Duties of ILEANOVO as Responsible for the Processing of Personal Data
ILEANOVO bears in mind that the Personal Data are the property of the people to whom they refer and only they can decide on them. In this sense, ILEANOVO will use the Personal Data collected only for the purposes for which it is duly empowered and respecting, in any case, the current regulations on the Protection of Personal Data.
ILEANOVO will attend to the duties provided for the Treatment Managers, contained in article 17 of Law 1581 of 2012 and the other regulations that regulate, modify or replace it.
8. Area Responsible for the Implementation and Observance of this Policy
The ILEANOVO Systems Area is in charge of developing, implementing, training and observing this Policy. For this purpose, all officials who carry out the Processing of Personal Data in the different areas of ILEANOVO, are obliged to report these Databases to the Systems Area of and to transfer to it immediately, all requests, complaints or claims they receive from the Holders of Personal Data.
9. Authorization
ILEANOVO will request prior, express and informed authorization from the Holders of the Personal Data on which the Processing is required.
This manifestation of the Holder’s will can occur through different mechanisms made available by ILEANOVO, such as:
In writing, filling out an authorization form for the Processing of Personal Data determined by ILEANOVO
Orally, through a telephone conversation or by videoconference.
10. Special Provisions for the Processing of Personal Data.
10.1 Treatment of Personal Data of a Sensitive Nature The Treatment of Personal Data of a sensitive nature is prohibited by law, unless there is express, prior and informed authorization from the Owner, among other exceptions enshrined in Article 6 of Law 1581 of 2012. In this case, in addition to complying with the requirements established for the authorization, ILEANOVO will inform the Holder:
That because it is sensitive data, it is not obliged to authorize its Treatment.
Which of the data that will be subject to Treatment are sensitive and the purpose of the Treatment. Additionally, ILEANOVO will treat the sensitive data collected under security and confidentiality standards corresponding to its nature. For this purpose, ILEANOVO has implemented administrative, technical and legal measures contained in its Policies and Procedures Manual, mandatory for its employees and, as applicable, for its suppliers, related companies and business partners.
10.2 Treatment of Personal Data of Children and Adolescents
According to the provisions of Article 7 of Law 1581 of 2012 and article 12 of Decree 1377 of 2013, ILEANOVO will only carry out the Treatment, corresponding to children and adolescents, as long as this Treatment responds to and respects the best interests of the children and adolescents and ensure respect for their fundamental rights. Once the above requirements have been fulfilled, ILEANOVO must obtain the Authorization of the legal representative of the child or adolescent, prior to the exercise of the minor’s right to be heard, an opinion that will be valued taking into account the maturity, autonomy and ability to understand the matter.
11. Procedure for Attention and Response to Requests, Queries, Complaints and Claims of the Owners of Personal Data
The Holders of Personal Data processed by ILEANOVO have the right to access their Personal Data and the details of said Treatment, as well as to rectify and update them if they are inaccurate or to request their elimination when they consider that they turn out to be excessive or unnecessary for the purposes that justified their obtaining or oppose the Treatment of the same for specific purposes.
The ways that have been implemented to guarantee the exercise of said rights through the presentation of the respective request are:
Application submitted to email: [email protected]
11.1 Procedure for making requests and queries
(i) The Owner may consult their personal data at any time. For this purpose, you can submit a request indicating the information you want to know, through the email indicated above.
(ii) The Holder or his successors in title must prove his identity, that of his representative, the representation or stipulation in favor of another or for another. When the request is made by a person other than the Holder and it is not proven that the same acts on behalf of the former, it will be considered as not submitted.
(iii) The query and/or request must contain at least the name and contact address of the Holder or any other means to receive the response, as well as a clear and precise description of the personal data with respect to which the Holder seeks to exercise the right of consultation and/or petition.
(iv) If the query and/or request made by the Owner of the data is incomplete, ILEANOVO will require the interested party within five (5) days following receipt of the query and/or request 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 he has withdrawn his query.
(v) Requests and/or inquiries will be attended by ILEANOVO within a maximum term of ten (10) business days from the date of receipt thereof. When it is not possible to attend to the request or query within said term, this fact will be reported to the applicant, stating the reasons for the delay and indicating the date on which the query request will be addressed, which in no case may exceed five (5 ) business days following the expiration of the first term.
11.2 Procedure for making complaints and claims
In accordance with the provisions of Article 14 of Law 1581 of 2012, when the Holder or his successors in title consider that the information processed by ILEANOVO should be subject to correction, updating or deletion, or when it should be revoked due to the alleged breach of any of the duties contained in the Law, may submit an application to ILEANOVO, which will be processed under the following rules:
(i) The Holder or his successors in title must prove his identity, that of his representative, the representation or stipulation in favor of another or for another. When the request is made by a person other than the Holder and it is not proven that the same acts on behalf of the former, it will be considered as not submitted.
(ii) The request for rectification, updating, deletion or revocation must be submitted through the means enabled by ILEANOVO indicated in this document and contain, at a minimum, the following information:
The name and address of the Holder or any other means to receive the response.
The documents that prove the identity of the applicant and, if applicable, that of his representative with the respective authorization.
The clear and precise description of the personal data with respect to which the Holder seeks to exercise any of the rights and the specific request.
(iii) If the application is submitted incomplete, ILEANOVO must require the interested party within five (5) days of receipt 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 he has withdrawn his application.
(iv) In the event that the person receiving the request is not competent to resolve it, it will be transferred to the Legal area of ILEANOVO, within a maximum term of two (2) business days and the interested party will be informed of the situation.
(v) Once the request is received, a legend will be included in the Database 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 it is decided.
(vi) The maximum term to attend to this request will be fifteen (15) business days counted from the day following the date of its receipt. When it is not possible to attend to it within said term, the interested party will be informed of the reasons for the delay and the date on which their claim will be dealt with, which in no case may exceed eight (8) business days following the expiration of the first term.
12. Passively Obtained Information
When the services contained within the ILEANOVO websites are used, ILEANOVO may collect information passively through information management technologies, such as “cookies”, through which information is collected about the hardware and computer software, IP address, browser type, operating system, domain name, access time, and referring website addresses; Through the use of these tools, Personal Data of users is not collected directly. Information will also be collected about the pages that the person visits most frequently on these websites in order to know their browsing habits. However, the user of the ILEANOVO websites has the possibility of configuring the operation of “cookies”, in accordance with the options of their internet browser.
13. Security of Personal Data
ILEANOVO, in strict application of the Principle of Security in the Processing of Personal Data, will provide the technical, human and administrative measures that are necessary to provide security to the records, avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access. The obligation and responsibility of ILEANOVO is limited to having the appropriate means for this purpose. ILEANOVO 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 ILEANOVO and its Managers. ILEANOVO will require the service providers it contracts to adopt and comply with the appropriate technical, human and administrative measures for the protection of Personal Data in relation to which said providers act as Processors.
14. Transfer, Transmission and Disclosure of Personal Data
ILEANOVO may disclose to its related companies worldwide, the Personal Data on which it performs the Treatment, for its use and Treatment in accordance with this Personal Data Protection Policy. Likewise, ILEANOVO may deliver Personal Data to third parties not linked to ILEANOVO when:
In the case of contractors executing contracts for the development of ILEANOVO activities;
By transfer to any title from any line of business to which the information relates.
In any case, when ILEANOVO wishes to send or transmit data to one or more Managers located within or outside the territory of the Republic of Colombia, it will establish contractual clauses or enter into a contract for the transmission of personal data in which, among others, the Next:
(i) The scope and purposes of the treatment.
(ii) The activities that the Processor will carry out on behalf of ILEANOVO
(iii) The obligations that the Manager must fulfill with respect to the Data Owner and ILEANOVO
(iv) The duty of the Processor to treat the data in accordance with the authorized purpose for the same and observing the principles established in Colombian Law and this policy.
(v) The obligation of the Processor to adequately protect personal data and databases as well as to maintain confidentiality regarding the treatment of transmitted data.
(vi) A description of the specific security measures that will be adopted by both ILEANOVO and the Data Processor at their destination. ILEANOVO will not request authorization when the international transfer of data is covered by any of the exceptions provided for in the Law and its Regulatory Decrees.
15. Applicable Law
This Personal Data Protection Policy, the Privacy Notice, and the Authorization Format Annex that is part of this Policy, are governed by the provisions of current legislation on the protection of Personal Data referred to in Article 15 of the Political Constitution of Colombia, Law 1266 of 2008, Law 1581 of 2012, Decree 1377 of 2013, Decree 1727 of 2009, Regulatory Decree 1074 of 2015 and other regulations that modify, repeal or replace them.
AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA
By accepting the conditions contained in this document, you expressly, freely and voluntarily state that you authorize – ILEANOVO, to process the personal data that is provided, which will be used to fully comply with the obligations arising in relation to the generation, delivery, receipts, acceptances, rejections and conservation of the electronic invoice.
Similarly, the information provided may be shared with the National Tax and Customs Office (DIAN) in order to advance the corresponding procedures for the fulfillment of the contracted service; The only person outside ILEANOVO who will have access to the information provided by you will be the DIAN, which is authorized to know your data of a tax nature by mandate of the law.
The information will also be used to establish and maintain the commercial relationship, send information regarding the commercial, contractual or obligational relationship established with ILEANOVO, collect accounts payable due to the services provided, send promotional notices about the services of ILEANOVO for the reporting of information on the link between you and ILEANOVO and for any other purpose that results in the development of the commercial relationship that arises from this relationship, in the terms and during the time that the database systems , the norms and the authorities establish it. ILEANOVO clarifies that the information provided by you will not be shared with third parties, since the processing of your personal data will be carried out exclusively by ILEANOVO. You acknowledge and accept that your personal data may be made available to the personnel in charge of the corresponding work, within the company.
Likewise, you acknowledge and accept that ILEANOVO has fully and sufficiently informed you about your rights as the owner of personal data, such as knowing, updating and rectifying your personal data before the Treatment Managers or Treatment Managers, requesting proof of the authorization granted to the Data Controller, revoke the authorization or request the deletion of the data when the principles, rights and constitutional and legal guarantees are not respected in the Treatment, and access free of charge to your personal data that has been subject to Treatment, as well like the others provided in the law. By signing this document (answering the email), you declare, acknowledge and accept that the information was provided to ILEANOVO voluntarily, on the occasion of this relationship, is true and that no information has been omitted or adulterated. Additionally, you state that ILEANOVO’s Personal Data Processing Policies have been made available to you, and therefore you are aware of them.