Jaime arias molina - abogados s.a.s.

In compliance with the provisions of Statutory Law 1581 of 2012 and its Regulatory Decree 1377 of 2013, JAIME ARIAS MOLINA – ABOGADOS S.A.S. adopts this Policy for the Processing and Protection of Personal Data, which will be duly communicated to all natural persons who are Holders of Personal Data that the entity has obtained or obtains from now on, in the exercise of its commercial activity.

CHAPTER 1. IDENTIFICATION OF THE RESPONSIBLE FOR PROCESSING PERSONAL DATA.

1.1. NAME: JAIME ARIAS MOLINA – ABOGADOS S.A.S., is a company legally incorporated in accordance with Colombian legislation, by means of a private document dated May 7, 2014, registered in the Medellín Chamber of Commerce for Antioquia on May 13, 2014. The company’s main activity is the provision of legal services.

1.2. ADDRESS: Calle 7 No. 39-215 Office 501, Medellín, Colombia.

1.3. EMAIL: info@jamabogados.com

1.4. PHONE: (054) 4037520.

CHAPTER 2. LEGAL FRAMEWORK.

The Policy is based on Article 15 of the Political Constitution, Laws 1266 of 2008 and 1581 of 2012 and Regulatory Decrees 1727 of 2009, 2952 of 2010 and 1377 of 2013 and other regulations that add or modify them.

CHAPTER 3. DEFINITIONS.

For the purposes of this Policy and in accordance with applicable law, unless the context requires otherwise, the terms indicated below will have the following meaning:

3.1. Authorization: It is the permission of a legal or contractual nature or the prior, express and informed consent of the Holder to carry out the Processing of Personal Data.

3.2. Privacy Notice: It is the verbal or written communication generated by the Responsible for Processing addressed to the Holder for the Processing of their Personal Data, by means of which they are informed about the existence of the Information Processing Policy that will be applicable, the form of access it and the purpose of the Processing that is intended to give the Personal Data.

3.3. Database: It is the organized set of Personal Data that is subject to Processing.

3.4. Successor: It is the person who has succeeded another due to the death of the latter (heir).

3.5. Personal Data: It is any information linked or that may be associated with one or more specific or determinable natural persons.

3.6. Public Data: It is the Personal Data that, in accordance with the Constitution or the law, is classified as such and that which is not semi-private, private or sensitive. The following are considered public data, among others: data relating to the marital status of people, 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 enforceable judicial decisions that are not subject to reservation.

3.7. Private Data: It is the data that due to its intimate or reserved nature is only relevant for the Holder.

3.8. Sensitive Data: It is that data that may affect 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, union membership, social, human rights organizations or organizations 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.

3.9. Processing Officer: It is the natural or legal person, public or private that by itself or in association with others, carries out the Processing of Personal Data on behalf of the Responsible for Processing.

3.10. Habeas Data: It is the fundamental right of any person to know, update and rectify the information that is in the data bank and in the files of public and private entities.

3.11. Personal Data Protection Law: It is Law 1581 of 2012 and its regulatory decrees or the rules that modify, complement or replace them.

3.12. Policy: this is the Personal Data Processing and Protection Policy of JAIME ARIAS MOLINA – ABOGADOS S.A.S.

3.13. Responsible for the Processing: It is JAIME ARIAS MOLINA – ABOGADOS S.A.S., which is the legal person, of a private nature that, by itself or in association with others, decides on the Database and/or the Processing of Personal Data.

3.14. Holder: It is the natural person whose Personal Data is subject to Processing.

3.15. Processing: It is any operation or set of operations on Personal Data, such as the collection, storage, use, circulation or deletion.

3.16. Transfer: It is the delivery of the information or Personal Data by the Processing Officer and/or the Responsible for Processing of Personal Data, located in Colombia, to a recipient, who in turn is Responsible for the Processing and is located inside or outside the country.

3.17. Transmission: Processing 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 Processing by the Officer on behalf of the Responsible.

CHAPTER 4. GUIDING PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA.

To the Processing of Personal Data in JAIME ARIAS MOLINA – ABOGADOS S.A.S., in development, interpretation and application of the Personal Data Protection Law, the following guiding principles will be applied in a harmonious and comprehensive manner:

4.1. LEGALITY: The Processing of Personal Data is a regulated activity that must be subject to the provisions of the Law on Protection of Personal Data.

4.2. PURPOSE: The Processing of the collected Personal Data must follow a legitimate purpose in accordance with the Constitution and the Law, which must be informed to the Holder.

4.3. FREEDOM: The Processing of Personal Data can only be exercised with the Authorization, given by the prior, express and informed consent of the Holder or by legal authorization. Personal Data may not be obtained or disclosed without prior Authorization, or in the absence of a legal or judicial mandate that relieves consent.

4.4. TRUTH OR QUALITY: The information subject to Processing must be true, complete, exact, updated, verifiable and understandable. Partial, incomplete, fractioned or misleading data will not be processed.

4.5. TRANSPARENCY: In data processing, the right of the Holder to obtain from the Processing Officer or the Processing Officer, at any time and without restrictions, information about the existence of data concerning him or her is guaranteed.

4.6. ACCESS AND RESTRICTED CIRCULATION: The Processing of Personal Data is subject to the limits derived from its nature, the provisions of the law and the Constitution. In this sense, the Processing can only be done by persons authorized by the Holder and/or by the persons provided by law. Personal Data, except for public information, may not be available on the Internet or other means of dissemination or mass communication, unless access is technically controllable to provide restricted knowledge only to the Holders or authorized third parties in accordance with the law.

4.7. SECURITY: The information subject to Processing by the Responsible for Processing must be protected through the use of 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.

4.8. CONFIDENTIALITY: The Responsible for Processing is obliged to guarantee the reservation of the information, even after the end of the relationship that gave rise to the work that comprises the Processing, being able to only supply or communicate Personal Data when this corresponds to the development of authorized activities in the law.

CHAPTER 5. DATA HOLDER RIGHTS.

The Personal Data Holders, who are subject to Processing by JAIME ARIAS MOLINA – ABOGADOS S.A.S., directly or through a representative or their Successors in title, may exercise the following rights:

5.1. To know, update and rectify their Personal Data before JAIME ARIAS MOLINA – ABOGADOS S.A.S. in its capacity as Responsible for the Processing. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose Processing is expressly prohibited or has not been authorized.

5.2. To request proof of the Authorization granted for the Processing of Personal Data, excluding when expressly excepted as a requirement for the Processing (cases in which the Authorization is not necessary).

5.3. To be informed regarding the use of Personal Data.

5.4. To submit complaints to the Superintendence of Industry and Trade for violations of the provisions of the Law on Protection of Personal Data.

5.5. To revoke the Authorization and/or request the deletion of the data when in the Processing the principles, rights and constitutional and legal guarantees are not respected.

5.6. To have free access to their Personal Data that have been subject to Processing.

FIRST PARAGRAPH: The rights of the Holders established in this policy and in the Law may be exercised by the following persons:

  1. a) By the Holder, who must prove his or her identity.
  2. b) By the Holder’s successors, who must prove such quality.
  3. c) By the representative of the Holder, prior accreditation of the representation or power of attorney.
  4. d) By stipulation in favor of another or for another.
  5. e) The rights of children and juveniles shall be exercised by the persons who are empowered to represent them.

SECOND PARAGRAPH: The Processing will ensure respect for the prevailing rights of children and juveniles. The Processing of Personal Data of children and juveniles is prohibited, except for those data that are of a public nature or for which express authorization has been obtained from their representatives, prior information on the Processing.

CHAPTER 6. DUTIES OF JAIME ARIAS MOLINA – ABOGADOS S.A.S.

Notwithstanding the provisions set forth in the Personal Data Protection Law, by virtue of this Policy, the duties of JAIME ARIAS MOLINA – ABOGADOS S.A.S., both in their capacity as Responsible and as Processing Officer, if applicable, are the following:

6.1. To request and keep, under the conditions provided in this policy, a copy of the Authorization granted by the Holder for the Processing of Personal Data.

6.2. To inform clearly and sufficiently the Holder about the purpose of the collection and the rights that assist him by virtue of the Authorization granted.

6.3. To inform at the request of the Holder about the use given to their Personal Data.

6.4. To process inquiries and claims made in the terms indicated in this policy and in the Personal Data Protection Law.

6.5. To ensure that the information is true, complete, accurate, updated, verifiable and understandable.

6.6. To maintain the confidentiality of the information in the terms established in this policy and in the Law.

6.7. To keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.

6.8. To update the information when necessary. In the events in which he acts as the Processing Officer, said revision must be made within five (5) business days from receiving the request.

6.9. To Rectify Personal Data when appropriate.

6.10. To establish that the Data Controller is authorized to supply the Personal Data that I will come to treat as Officer.

6.11. To update, rectify or delete the data on time.

6.12. In the events in which JAIME ARIAS MOLINA – ABOGADOS S.A.S. acts as Data Officer, it must register in the respective database the legend “claim in process” as established in this Policy and in the law.

6.13. In the events in which you act as Data Officer, JAIME ARIAS MOLINA – ABOGADOS S.A.S. must insert into the database the legend “information in judicial discussion” once notified by the competent authority about legal processes related to the quality of Personal Data.

6.14. To refrain from circulating information that is being controversial by the Holder and whose blocking has been ordered by the Superintendence of Industry and Trade.

6.15. To allow access to information only to persons authorized by the Holder or empowered by law for that purpose.

6.16. To inform the Superintendence of Industry and Commerce when there are violations of the security codes and there are risks in the administration of the information of the Holders.

6.17. To comply with the instructions and requirements issued by the Superintendence of Industry and Trade.

6.18. To provide the Processing Officers only the Personal Data whose Processing is previously authorized. For the purposes of the national or international transmission of the data, a contract for the transmission of Personal Data must be signed or contractual clauses agreed upon as established in article 25 of Decree 1377 of 2013.

6.19. To guarantee that the information provided to the Processing Officers is true, complete, accurate, updated, verifiable and understandable.

6.20. To communicate in a timely manner to the Processing Officers 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 updated.

6.21. To inform the Processing Officers in a timely manner of the rectifications made to the Personal Data so that they may proceed to make the pertinent adjustments.

6.22. To require the Processing Officers, at all times, to respect the security and privacy conditions of the Holder’s information.

6.23. To inform the Processing Officers when certain information is under discussion by the Holder, once the claim has been submitted and the respective process has not been completed.

6.24. To comply with the instructions and requirements issued by the Superintendence of Industry and Trade.

CHAPTER 7. HOLDER’S AUTHORIZATION AND CONSENT.

Notwithstanding the exceptions provided in the Law, in the Processing of Personal Data of the Holder, the prior and informed Authorization of the latter is required, which must be obtained by any means that may be subject to subsequent consultation.

PARAGRAPH: The Authorization of the Holder of the information will not be necessary in the following cases:

  1. a) When the information is required by a public or administrative entity in the exercise of its legal functions or by court order.
  2. b) When the data is of a public nature.
  3. c) When a case of medical or health emergency arises.
  4. d) When the processing of information is authorized by law.

CHAPTER 8. PROCESSING TO WHICH THE DATA WILL BE SUBJECTED AND PURPOSE OF THE SAME.

JAIME ARIAS MOLINA – ABOGADOS S.A.S. may use Personal Data, prior legal or express authorization of the Holder for the following purposes:

8.1. Execution of existing contractual relationships with its shareholders, administrators, workers, clients, suppliers, including the payment of obligations.

8.2. Provision of services and/or distribution of products required by customers.

8.3. Communication of commercial, advertising, promotional information, about products and services.

8.4. Evaluation of the quality of the service.

8.5. Marketing studies, big data and direct marketing.

8.6. Development of the section process, evaluation and hiring of personnel.

8.7. Support of audit processes.

8.8. Supply, sending and delivery of personal data to its affiliates, linked or subordinate or to third parties in charge of data Processing, located in Colombia or abroad, when necessary for the Processing and provided that the third party has adequate data protection policies in accordance with the law and has With due Authorization from the Holder.

8.9. Surveillance to ensure the safety of people, assets and company facilities.

CHAPTER 9. TRANSFER AND INTERNATIONAL TRANSMISSION OF PERSONAL DATA.

JAIME ARIAS MOLINA – ABOGADOS S.A.S. in compliance with the development of its commercial purpose, it may transfer and transmit Personal Data of the Holders.

For the international Transfer of Personal Data of the Holders, JAIME ARIAS MOLINA – ABOGADOS S.A.S. will take the necessary measures so that third parties are aware of and undertake to observe this Policy, under the understanding that the personal information they receive may only be used for matters directly related to the link that said third parties have with JAIME ARIAS MOLINA – ABOGADOS S.A.S. and it may not be used or intended for a different purpose or purpose. For the international transfer of Personal Data, the provisions of article 26 of Law 1581 of 2012 will be observed.

The international Transmissions of Personal Data made by JAIME ARIAS MOLINA – ABOGADOS S.A.S., will not require the Holder to be informed or have their consent when there is a contract for the transmission of Personal Data in accordance with article 25 of Decree 1377 of 2013.

With the acceptance of this policy, the Holder expressly authorizes to transfer and transmit Personal Information. The information will be transferred and transmitted, for all relationships that may be established with JAIME ARIAS MOLINA – ABOGADOS S.A.S.

CHAPTER 10. PROCEDURE FOR ATTENTION TO CONSULTATIONS, CLAIMS AND PETITIONS.

10.1. PERSON OR AREA RESPONSIBLE FOR THE ATTENTION OF REQUESTS, CONSULTATIONS AND CLAIMS. JAIME ARIAS MOLINA – ABOGADOS S.A.S. has designated as the area responsible for ensuring compliance with this policy within the institution the Customer Service area. This area will be in charge of answering requests, queries and claims by the Holders and to carry out any update, rectification and deletion of Personal Data, through the email info@jamabogados.com.

10.2. PROCEDURE FOR DATA CONSULTATION. The Information Holders or their Assignees and/or their duly accredited representatives or proxies, may consult the personal information of the Holder that is collected by JAIME ARIAS MOLINA – ABOGADOS S.A.S., who will supply all the information contained in the individual registry or that is linked to the Holder identification. The request for consultation will be made through the email info@jamabogados.com, or by written communication addressed to the company located in the offices of the companies located at: Calle 7 No. 39-215 Oficina 501 in Medellín. The request will be attended within a maximum term of ten (10) business days from the date of filing of the same. When it is not possible to attend the query within said term, the interested party will be informed, stating the reasons for the delay and indicating the date on which the query will be attended, which in no case may exceed five (5) business days following the expiration of the first term.

10.3. PROCEDURE FOR THE SUBMISSION OF CLAIMS. The Holder or his successors in title and/or their duly accredited representatives or proxies, who consider that the information contained in a database should be subject to correction, updating or deletion, or when they notice the alleged breach of any of the duties contained in the law, may file a claim with JAIME ARIAS MOLINA – ABOGADOS S.A.S., which will be processed under the following rules:

10.3.1. The Holder’s claim will be communicated through a request addressed to the company, in writing, sent to the email info@hamabogados.com or filed directly at the company’s offices located at: Calle 7 No. 39-215 Office 501 in Medellín. The document must contain the full identification of the Holder, the description of the facts that give rise to the claim, the address, and must be complemented by the documents that are to be asserted.

10.3.2. If the claim request is incomplete, the interested party will be required within five (5) days after receiving the 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 the claim has been withdrawn.

10.3.3. In the event that whoever receives the claim is not competent to resolve it, it will transfer it to the corresponding person within a maximum term of two (2) business days and will inform the interested party of the situation.

10.3.4. Once the request is received with the complete information or the requirement has been fulfilled, the Holder’s data will be labeled with the inscription “claim in process”, indicating the reason for the claim. Said registration must be made in a term not exceeding two (2) business days from the receipt of the request and will be maintained until the claim is decided.

10.3.5. The maximum term to attend the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to attend the claim within said term, the interested party will be informed of the reasons for the delay and the date on which their claim will be attended, which in no case may exceed eight (8) business days following the expiration of the first finished.

FIRST PARAGRAPH: This procedure will be applicable to requests for rectification and/or updating of information, which, in the opinion of the Holder, turns out to be incomplete or inaccurate. In this case, the Holder must indicate in the request the update, rectification and deletion of the data that he requires and will provide the documentation that supports his request.

SECOND PARAGRAPH: Through this same procedure, the Holders of Personal Data may revoke their consent to the Processing of their Personal Data at any time, as long as it is not prevented by a legal or contractual provision.

THIRD PARAGRAPH: If the respective legal term has expired, JAIME ARIAS MOLINA – ABOGADOS S.A.S. has not eliminated the Holder’s Personal Data, the latter will have the right to request the Superintendence of Industry and Trade to order the revocation of the Authorization and/or the deletion of the Personal Data. For these purposes, the procedure described in article 22 of the Personal Data Protection Law will be applied.

CHAPTER 11. SECURITY MEASURES.

In development of the security principle established in Law 1581 of 2012, JAIME ARIAS MOLINA – ABOGADOS S.A.S. will adopt 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 personnel that carry out the Processing of Personal Data will execute the protocols that are established in order to guarantee the security of the information.

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PRIVACY NOTICE, DECLARATION AND AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA

The undersigned, identified as it appears next to my signature, acting on my own behalf voluntarily and giving full assurance that everything here is accurate, truthful and verifiable, state:

 

  1. That, in accordance with the provisions of current legislation on protection of personal data and the Personal Data Processing Policy of JAIME ARIAS MOLINA ABOGADOS SAS, I have been duly informed by this company that it will use and process my data personal data for the purposes described in its Personal Data Treatment Policy available at the main office of the company located at Calle 7 No. 39-215, Oficina 501, Medellín, Colombia, which are summarized below:
  2. Execution of existing contractual relationships with its shareholders, administrators, workers, clients, suppliers, including the payment of obligations.
  3. Provision of services and / or distribution of products required by customers.
  4. Communication of commercial, advertising, promotional information, about products and services.
  5. Evaluation of the quality of the service.
  6. Carrying out marketing studies, big data and direct marketing.
  7. Development of the section process, evaluation and hiring of personnel.
  8. Support of audit processes.
  9. Supply, sending and delivery of personal data to its affiliates, affiliates or subordinates or to third parties in charge of data processing, located in Colombia or abroad, when necessary for the treatment and provided that the third party has adequate policies of data protection in accordance with the law and has the proper Authorization from the Owner.
  10. Surveillance to guarantee the safety of people, property and facilities of the company.
  11. That my rights are those provided for in the Political Constitution, Law 1581 of 2012 and its regulatory decrees, which are based on JAIME ARIAS MOLINA ABOGADOS S.A.S. This company is the Responsible for Processing my personal data and that as the Holder of these, I can consult them at the main office of the company; I am not obliged to supply sensitive data. Likewise, JAIME ARIAS MOLINA ABOGADOS S.A.S. guarantees the confidentiality, truthfulness, transparency, accessibility, security, and restricted circulation of the processing of my personal data.
  12. Furthermore, I state that I have been informed that JAIME ARIAS MOLINA ABOGADOS S.A.S. reserves the right to modify its Personal Data Processing Policy, informing and publishing such modification in a timely manner. 4. Likewise, to request information, update, rectify, delete the information contained in the databases or resolve any concern related to the processing of my personal data, I may contact the company’s Management at the email info@jamabogados.com or at Calle 7 No. 39-215, office 501, Medellín, Colombia.

For the purposes of this authorization, I declare that the personal data that I will provide to be subjected to Processing are true and that I have provided them voluntarily.

In proof of the foregoing, this document is signed on the date indicated below.