1. LEGAL REGULATIONS AND SCOPE OF APPLICATION
The present policy of Treatment of Personal Data is prepared in accordance with the provisions of the Political Constitution, Law 1581 of 2012, the Regulatory Decree 1377 of 2013 and other complementary provisions such as Law 1480 of 2011 and will be applied by NEWLAB NUTRITION LTDA regarding the collection, storage, use, circulation, suppression and all those activities that constitute treatment of personal data.
For purposes of the execution of this policy and in accordance with legal regulations, the following definitions shall apply:
a) Authorization: Prior, express and informed consent of the Data Subject to carry out the Processing of personal data.b) Privacy Notice: Physical or electronic document or in any other format generated by the data controller that is made available to the Data Subject for the processing of his/her personal data. The Privacy Notice communicates to the Data Subject the information regarding the existence of the information processing policies that will be applicable to him/her, the way to access them and the purpose of the processing that is intended to be given to the personal data.c) Database: Organized set of personal data that is subject to Processing.d) Personal data: Any information linked or that may be associated to one or several determined or determinable natural persons.e) Public data: Data qualified as such according to the provisions of the law or the Political Constitution and that which is not semi-private, private or sensitive. Public data includes, among others, data relating to the civil status of individuals, their profession or trade, their status as merchants or public servants, and data that may be obtained without any reservation whatsoever. By their nature, public data may be contained, among others, in public records, public documents, gazettes and official bulletins.f) Private data: Data which, due to its intimate or reserved nature, is only relevant to the owner.g) Sensitive data: Sensitive data is understood as that which affects the privacy of the Data Subject or whose improper use may lead to discrimination, such as that which reveals racial or ethnic origin, political orientation, religious or philosophical convictions, membership in unions, social organizations, human rights organizations 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, sex life and biometric data.h) Data Processor: Natural or legal person, public or private, who by himself or in association with others, carries out the Processing of personal data on behalf of the Data Controller.i) Data Controller: Natural or legal person, public or private, who alone or in association with others, decides on the database and/or the Processing of the data.j) Data Subject: Natural person whose personal data is the object of Processing.k) Processing: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion thereof.
3. PURPOSE FOR WHICH THE COLLECTION OF PERSONAL DATA AND THEIR PROCESSING IS CARRIED OUT
NEWLAB NUTRITION LTDA may use the personal data to:
(a) Execute the existing contractual relationship with its customers, suppliers and workers, including the payment of contractual obligations.b) Provide the services required by its users.c) Inform about new services and/or changes in them.d) Evaluate the quality of service.e) Conduct internal studies on consumption habits.f) Send to the physical mail, electronic mail, cellular or mobile device, via text messages (SMS and/or MMS) or through any other analog and/or digital means of communication created or to be created, commercial, advertising or promotional information about the products and/or services, events and/or promotions of commercial type or not of these, in order to promote, invite, direct, execute, inform and in general, to carry out campaigns, promotions or contests of commercial or advertising character, advanced by NEWLAB NUTRITION LTDA and/or by third parties.g) To develop the process of selection, evaluation, and employment.h) To support internal or external audit processes.i) To register the information of employees and/or pensioners (active and inactive) in the databases of NEWLAB NUTRITION LTDA.j) Those indicated in the authorization granted by the owner of the data or described in the respective privacy notice, as the case may be.privacy notice, as the case may be.k) To supply, share, send or deliver your personal data to affiliated, related or subordinate companies of NEWLAB NUTRITION LTDA located in Colombia or any other country in the event that such companies require the information for the purposes indicated herein.l) Regarding the data collected directly at security points, (ii) taken from the documents provided by individuals to security personnel and (iii) obtained from video recordings that are made inside or outside the facilities of NEWLAB NUTRITION LTDA, these will be used for security purposes of persons, property and facilities of NEWLAB NUTRITION LTDA and may be used as evidence in any type of process. If a personal data is provided, such information will be used only for the purposes stated herein, and therefore, NEWLAB NUTRITION LTDA will not proceed to sell, license, transmit, or disclose it, unless: (i) there is express authorization to do so; (ii) is necessary to enable contractors or agents to provide the services entrusted; (iii) is necessary in order to provide our services and / or products; (iv) is necessary to disclose it to entities that provide marketing services on behalf of NEWLAB NUTRITION LTDA or otherentities with which we have joint marketing agreements; (v) the information is related to a merger, consolidation, acquisition, divestiture, or other restructuring process of the company; (vi) it is required or permitted by law. NEWLAB NUTRITION LTDA may subcontract to third parties for the processing of certain functions or information. When effectively subcontracting with third parties for the processing of personal information or personal information is provided to third party service providers, NEWLAB NUTRITION LTDA warns such third parties about the need to protect such personal information with measures to protect personal information.need to protect such personal information with appropriate security measures, the use of information for their own purposes is prohibited and is requested not to disclose personal information to others.
4. PRINCIPLES APPLICABLE TO THE PROCESSING OF PERSONAL DATA
The treatment of personal data in NEWLAB NUTRITION LTDA will be governed by the following principles:
a) Principle of purpose: The Processing of personal data collected must obey a legitimate purpose, which must be informed to the Holder.b) Principle of freedom: Processing may only be carried out with the prior, express and informed consent of the Data Subject. Personal data may not be obtained or disclosed without prior authorization, or in the absence of legal or judicial mandate that relieves the consent.c) Principle of truthfulness or quality: The information subject to Processing must be truthful, complete, accurate, updated, verifiable and understandable. Partial, incomplete, fractioned or misleading data will not be processed.d) Principle of transparency: In the Treatment must be guaranteed the right of the Holder to obtain from NEWLAB NUTRITION LTDA at any time and without restrictions, information about the existence of data concerning him/her.e) Principle of access and restricted circulation: The treatment is subject to the limits arising from the nature of personal data, the provisions of this law and the Constitution. Personal data, except for public information, and as provided in the authorization granted by the owner of the data, may not be available on the Internet or other means of mass dissemination or communication, unless access is technically controllable to provide restricted knowledge only to the Owners or authorized third parties.f) Principle of security: The information subject to treatment by NEWLAB NUTRITION LTDA 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.g) Principle of confidentiality: All persons involved in the processing of personal data are obliged to guarantee the confidentiality of the information, even after the end of their relationship with any of the tasks involved in the processing. FIRST PARAGRAPH: In the event that sensitive personal data is collected, the Data Subject may refuse to authorize its Processing.
5. RIGHTS OF THE OWNERS OF PERSONAL DATA PROCESSED BY NEWLAB NUTRITION LTDA.
The holders of personal data by themselves or through their representative and / or attorney or assignee may exercise the following rights with respect to personal data that are processed by NEWLAB NUTRITION LTDA:
a) Right of access: by virtue of which you may access the personal data that are under the control of NEWLAB NUTRITION LTDA, for the purpose of consulting them free of charge at least once every calendar month, and every time there are substantial modifications of the Policies of Treatment of the information that motivate new consultations.b) Right to update, rectification and suppression: By virtue of which you may request the updating, rectification and/or suppression of the personal data being processed, in such a way that the purposes of the processing are satisfied.c) Right to request proof of authorization: except in the events in which, according to the legal regulations in force, authorization is not required to carry out the processing.d) Right to be informed regarding the use of personal data.
e) Right to file complaints before the Superintendence of Industry and Commerce: for infringements to the provisions of the regulations in force regarding the processing of personal data.f) The right to require compliance with the orders issued by the Superintendency of Industry and Commerce. FIRST PARAGRAPH: For the purposes of exercising the rights described above, both the owner and the person representing him/her must prove their identity and, if applicable, the capacity by virtue of which they represent the owner. SECOND PARAGRAPH: The rights of minors shall be exercised through the persons empowered to represent them.
6. DUTIES OF NEWLAB NUTRITION LTDA
All those obliged to comply with this policy should be aware that NEWLAB NUTRITION LTDA is obliged to comply with the duties imposed by law in this regard. Consequently, the following obligations must be fulfilled: A. Duties when acting as responsible: (i) Request and keep, under the conditions provided in this policy, a copy of the respective authorization granted by the holder. (ii) Inform in a clear and sufficient manner to the holder about the purpose of the collection and the rights he/she has by virtue of the authorization granted. (iii) Inform at the request of the holder about the use given to their personal data (iv) Process the queries and claims made under the terms set forth in this policy (v) Ensure that the principles of truthfulness, quality, security and confidentiality under the terms set forth in the following policy (vi) Keep the information under the necessary security conditions to prevent adulteration, loss, consultation, use or unauthorized or fraudulent access. (vii) Update the information when necessary. (viii) Rectify the personal data when appropriate. B. Duties when acting as Data Processor. If the data processing is carried out on behalf of another entity or organization (data controller), it must comply with the following duties: (i) Establish that the data controller is authorized to provide the personal data that it will process as data processor (ii) Guarantee the holder, at all times, the full and effective exercise of the right of habeas data. (iii) Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, unauthorized or fraudulent use or access. (iv) Update, rectify or delete the data in a timely manner. (v) Update the information reported by the data controllers within five (5) working days from its receipt. (vi) Process the queries and claims made by the data owners under the terms set forth in this policy. (vii) Register in the database the legend “claim in process” in the manner established in this policy. (ix) Insert in the database the legend “information under judicial discussion” once notified by the competent authority about judicial processes related to the quality of the personal data. (x) Refrain from circulating information that is being disputed by the owner and whose blocking has been ordered by the Superintendence of Industry and Commerce. (xi) Allow access to the information only to persons authorized by the owner or empowered by law for such purpose. (xii) Inform the Superintendence of Industry and Commerce when there are violations to the security codes and there are risks in the administration of the information of the owners. (xiii) Comply with the instructions and requirements given by the Superintendence of Industry and Commerce. C. Duties when processing is carried out through a Data Processor (i) To provide the Data Processor only with the personal data whose processing is previously authorized. For the purposes of the national or international transmission of data, a contract for the transmission of personal data must be signed or contractual clauses must be agreed upon as established in Article 25 of Decree 1377 of 2013 (ii) Ensure that the information provided to the Data Processor is truthful, complete, accurate, updated, verifiable and understandable. (iii) Communicate in a timely manner to the Data Processor all developments regarding the data previously provided and take other necessary measures to keep the information provided to the Data Processor up to date. (iv) Inform the Data Processor in a timely manner of any corrections made to the personal data so that it may proceed to make the pertinent adjustments. (v) Demand that the Data Processor, at all times, respect the security and privacy conditions of the data owner’s information. (vi) Inform the Data Processor when certain information is under discussion by the data owner, once the claim has been filed and the respective process has not been completed. D. Duties with respect to the Superintendency of Industry and Commerce (i) Inform it of any violations to the security codes and the existence of risks in the administration of the information of the owners. (ii) Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.
7. REQUEST FOR AUTHORIZATION TO THE HOLDER OF THE PERSONAL DATA
In advance and/or at the time of collecting the personal data, NEWLAB NUTRITION LTDA will request the data owner’s authorization to collect and process the data, indicating the purpose for which the data is requested, using automated technical means, written or oral, that allow preserving proof of the authorization and/or the unequivocal conduct described in Article 7 of Decree 1377 of 2013. Such authorization shall be requested for the time that is reasonable and necessary to satisfy the needs that gave rise to the request for the data and, in any case, in compliance with the legal provisions governing the matter.
8. PRIVACY NOTICE
In the event that NEWLAB NUTRITION LTDA cannot make available to the holder of the personal data the present policy of treatment of the information, it will publish the privacy notice that is attached to the present document, whose text will conserve for later consultation on the part of the holder of the data and/or of the Superintendence of Industry and Commerce.
9. TIME LIMITATIONS ON THE PROCESSING OF PERSONAL DATA. NEWLAB NUTRITION LTDA
It may only collect, store, use or circulate personal data for the time that is reasonable and necessary, in accordance with the purposes that justified the processing, taking into account the provisions applicable to the matter in question and the administrative, accounting, fiscal, legal and historical aspects of the information. Once the purpose or purposes of the processing have been fulfilled, and notwithstanding any legal provisions to the contrary, the personal data in its possession shall be deleted. Notwithstanding the foregoing, personal data must be retained when required for compliance with a legal or contractual obligation.
10. AREA RESPONSIBLE AND PROCEDURE FOR THE EXERCISE OF THE RIGHTS OF THE HOLDERS OF THE PERSONAL DATA
The MARKETING AREA in conjunction with the CUSTOMER SERVICE DEPARTMENT of NEWLAB NUTRITION LTDA will be responsible for handling requests, complaints and claims made by the owner of the data in exercise of the rights referred to in paragraph 5 of this policy, with the exception of the one described in paragraph e). For such effects, the holder of the personal data or who exercises its representation will be able to send its petition, complaint or claim from Monday to Friday from 8:00 a.m. to 5:00 p.m. to the e-mail firstname.lastname@example.org or call to the telephone line of NEWLAB NUTRITION LTDA, Bogotá telephone 756 0053, or file it in the following address that corresponds to our offices ADDRESS Bogotá CALLE 128 A # 53-16.
11. DATA COLLECTED PRIOR TO THE ISSUANCE OF DECREE 1377 OF 2013
In accordance with the provisions of paragraph 3 of Article 10 of Regulatory Decree 1377 of 2013 NEWLAB NUTRITION LTDA will proceed to publish a notice on its official website www.vitanas.com.co addressed to the owners of personal data for the purpose of publicizing this policy of information processing and how to exercise their rights as owners of personal data stored in the databases of NEWLAB NUTRITION LTDA.
12. SECURITY MEASURES
In development of the security principle established in Law 1581 of 2012, NEWLAB NUTRITION LTDA will adopt 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 personnel performing the processing of personal data will execute the protocols established in order to ensure the security of the information.
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