Personal Data Usage

Policy on the treatment of personal data

LA EQUITATIVA FAIR TRADE COMPANY S.A.S.

  1. About US

LA EQUITATIVA FAIR TRADE COMPANY S.A.S. hereinafter referred to as “La Equitativa”, is a company responsible for the production, distribution, and marketing of certified organic chocolates, whose mission is based on the principles of equity and origin from Colombia to the world.

Identification data: LA EQUITATIVA FAIR TRADE COMPANY S.A.S. NIT 900.561.419-3

Contact Details: Address: Calle 12F # 03 – 08, Office 403, Bogota D.C.

Phone: (1) 284 90 48

Website: www.equiori.co

E-mail: Info@equiori.co

  1. DEFINITIONS
  • Authorization: refers to prior, express, and informed consent of the holder in order for LA EQUITATIVA or its representatives to handle the personal data of the holder.
  • Privacy Notice: The physical document, electronic or in any other format, generated by LA EQUITATIVA that has been placed at the disposal of the holder for handling personal data, which communicates to the holder information relating to the existence of the policies on handling of personal data that will be applicable, how to access these policies, and the description of how the personal data will be handled.

Database: Consists of an organized set of personal data, including physical and electronic files, to undergo processing. The databases, property of LA EQUITATIVA, are detailed in section VI of these policies.

  • Personal Data: According to the Law 1581 of 2012, is any information that is connected to or that maybe associated with one or more natural persons determined or determinable.
  • Public Data: Personal data that is classified as public by the law or the Constitution. Public information includes, among others, the data relating to a person´s civil status, to their profession or trade, as a comercial agent or of public servant.
  • Sensitive Data: Personal data whose use affects the intimacy of the holder or which could be used to discriminate and includes informaction such as which reveals racial or ethnic origin, political orientation, religious or philosophical beliefs, membership to trade unions, social organizations, human rights groups or that promote interests of any political party or that ensure that the rights of political opposition parties as well as data relating to health, sexual life, and biometric data.
  • Person in charge of processing: A natural person or legal entity, public or private, that alone or in association with others, processes the data base and handles the personal data on behalf of the person responsible for the handling.
  • Person Responsible of processing: A natural person or legal entity, public or private, that by alone or in association with others, makes decisions regarding the data base and/or the processing and handling of data.
  • Holder: A natural person whose personal data is the object of handling.
  • Processing: Any operation or set of operations involving personal data that LA EQUITATIVA, or persons in charge of processing on behalf of the company, including collection, storage, use, circulation or deletion.
  • Transfer: Consists of sending personal data to a receiver, who in turn is responsible for handling the information as defined by Law 1581 of 2012.
  • Transmission: The transfer of personal data to the person responsible for processing, including within or outside of Colombia, with the purpose of processing by the person in charge of handling in LA EQUITATIVA.
  1. 1. TYPES OF PROCESSING THAT THE PERSONAL DATA WILL BE SUBJECTED TO

The data of customers, suppliers, contractors, employees, former employees, which will be collected or that is located in LA EQUITATIVA’s databases will be processed for the following purposes:

DEFINITIONS

END CUSTOMERS: LA EQUITATIVA will use the information that has been provided with to:

  1. Perform the appropriate actions in order to development pre-contractual, contractual and post contract terms with LA EQUITATIVA for any of the services and products that it offers that either have nor not been acquired or with resxpect to any type of underlying business relationship with LA EQUITATIVA, in order to comply with Colombian or foreign laws as well as judicial or administrative authorities.
  2. Manage formalities (requests, complaints, claims) perform risk analysis, carry out satisfaction surveys regarding the products and services of the company, as well as with trade partners.
  3. Provide contact information and documents relevant to the commercial area, promotion and/or distribution network, telemarketing, market research and any third party with which the company holds a contractual link of any kind.
  4. To publicize, transfer and/or convey personal data within and outside of the country, to third parties as a result of a contract, law or lawful link that is required, or to deploy cloud computing services.
  5. Perform through any means, directly or through third parties, programming and delivery of technical services, sale, purchase, billing, portfolio management, performace monitoring of the service and product, wraps, business intelligence, marketing activities, promotion or advertising, improvement of service, follow up on the collection, verification, consultation and control, activate means of payment as well as any other activity related to our products and current and future services, in order to fulfill the contractual obligations and social objectives of the company.
  6. For sending and receiving goods or advertising material according to the functions required and the permanence of the company’s business.
  7. To control and prevent fraud in any form.

Suppliers, contractors and/or employees and former employees: Perform analysis, assessments and selection of suppliers and/or potential contractors. Comunicate policies and procedures in order to connect with suppliers. Analysis of information on quality and levels of service received from suppliers. Legal compliance in fiscal matters, customs, and trade with administrative and judicial entities. Initaiate business agreements to purchase goods or services. Control and payments for goods and services received. Monitoring, control, and accounting of supplier obligations. Consultations, audits, and revisions arising from the agreements with the suppliers and/or contractors. Control and prevention of fraud in any form.

Some of these tasks are performed in compliance with a legal and contractual responsibility, therefore, handling personal data is understood to be included under that same requirements.

III. RIGHTS OF THE HOLDERS.

The holders of the personal data recorded in LA EQUITATIVA’s databases have the following rights:

  1. The right to know, update, and amend your personal data. These rights may be exercised when faced with, incomplete or partial personal data, inaccurate, incomplete, fractioned, misleading, that which whose handling has been expressly prohibited or has not been authorized.
  2. Requests for proof of the authorization given to LA EQUITATIVA, except when this is expressly excluded as a requirement for handling, in accordance with article 10 of the Law 1581 of 2012.
  3. Be informed of how LA EQUITATIVA or the person in charge of handling, has used the personal information, upon request.
  4. Through a claim submitted pursuant to article 15 of Law 1581 of 2012, the holder can request the revocation of the authorization and/or request the deletion of personal data when handling has not respected the principles, rights and constitutional and statutory guarantees or at any time provided that the holder does not have the legal or contractual duty to remain in the databases of LA EQUITATIVA and in accordance with the procedure referred to in paragraph IV of the present policy.
  5. To access free of charge, once a month, the personal data that has been the subject of treatment.
  6. CONSULTATION PROCEDURE AND CLAIMS.

LA EQUITATIVA guarantees the right of consultation, hereby providing persons who have exercized their rights all of the information contained in their individual records or that which is linked to the identification of the holder.

The person responsible for responding to the holder´s requests rights will be the management or the person specifically delegated, such as the person who will receive, process, and channel the various requests that have been received and who will ensure that these will reach the dependency already mentioned, in charge of handling, the dependence that once the communications have been received, will protect the personal data, and should process the holder´s requests according to the terms and conditions established by the present regulations which exercise of the rights of access, consultation, rectification, upgrade, suppression and the revocation referred to in the regulations for the protection of personal data.

In order to attend to personal data requests, LA EQUITATIVA ensures communication through electronic and telephonic means.

The contact details to exercize these rights are:

Address: Calle 12F # 03 – 08, Office 403, Bogota D.C. Tel: (57) (1) 284 90 48

Website: www.equiori.co

E-mail: info@equiori.co, admin@equiori.co

In any case, regardless of the communication method for making requests, every request shall be dealt with in a maximum period of ten (10) working days from the date of its receipt. In the event of the inability to attend to the request within this period of time, the person reviewing the request shall inform the petitioner before the ten (10) days expire, expressing the reasons for the delay and noting the date on which the query will be responded. In no case may this exceed five (5) working days following the expiration of the first deadline.

Likewise, the right to make claims to the databases is guaranteed for corrections, updates, or deletions, or to warn of the alleged failure to comply with any of the duties contained in the Law 1581 of 2012 and other applicable rules. The claim will be processed under the following rules:

  1. If the claim does not have complete information for processing, such as the identification of the holder, the description of the events giving rise to the claim, address, and accompanying documents that support the claim, the petitioner is required within (5) days following the reception to correct the mistakes. If after (2) months from the date of request the petitioner has not provided the required information, it will be understood that the petitioner has withdrawn the claim.
  2. If for any reason LA EQUITATIVA receives a complaint addressed to another organization, it will transfer the complaint to the correct party within two (2) working days and inform the petitioner of the situation.
  3. Once the claim is received in a complete manner, an annotation will be included in LA EQUITATIVA´s database indicating “claim in process” with the specific reason within (2) working days. The annotation will remain until the claim has been resolved.
  4. The maximum period of time to address a claim will be fifteen (15) working days starting from the day following the date that the claim was received. When it is not possible to respond to the claim within this established timeframe, the person concerned shall be informed before the expiration of the time period of the reasons for the delay and the date on which the claim will be processed, which under no circumstance may exceed eight (8) working days following the expiration of the first term.

The special rules for exercizing holders´ rights include: an application for a correction, update or deletion which should be submitted through the communication methods established by LA EQUITATIVA as identified in the privacy notice and in this document and shall contain at a minimum, the following information:

  1. The name, address of the holder and methods of contact through which a response can be received such as phone number, email and address of residence.
  2. Documents which substantiate the identity or the representation of a proxy.
  3. A clear and precise description of the personal data over which the holder seeks to exercise any of their rights.
  4. Any other items or documents that can facilitate the location of the personal data.
  5. LA EQUITATIVA has the obligation to correct and update information at the request of the holder that is incomplete or inaccurate, in accordance with the procedure and the terms outlined above. In this regard, the followingwill be taken into account:

LA EQUITATIVA has full freedom to enable mechanisms that will facilitate the application of this right.

Deletion of data. The holder has the right, at any time, to request LA EQUITATIVA to delete or eliminate their personal data when:

  1. It is considered that the information isnot being treated according to the principles and obligations as decreed in Law 1581 of 2012.b. That the information is no longer necessary or relevant for the purpose that itwasinitially collected.c. The time period needed to accomplish the activites for which the data collection was undertaken has been exceeded.This deletion implies the total or partial elimination of personal information in accordance with the holder’s request in records, archives, databases or processes carried out by LA EQUITATIVA. The holder must be warned that the right of cancellation is not absolute and the persons in charge of handling the information may deny the request under the following circumstances:
  2. The request to delet of information will not be carried out when there is a legal or contractual obligation for the holder’s information to remain in the database.
  3. The elimination of data impedes judicial or administrative proceedings related to tax obligations, the investigation and prosecution of criminal offenses or the updating of administrative sanctions.
  4. The data is needed in order to protect the legally interests of the holder; to carry out an action in the public interest, or to comply with an obligation legally acquired by the holder.

In the event that it is considered appropriate to eliminate personal data, LA EQUITATIVA must excecute the elimination in such a way that the information may not be able to be recuperated.

  1. INTERNATIONAL TRANSFER OF PERSONAL DATA.

When data is sent to another country, the holder must always authorize this transfer. Unless the law says otherwise, it is necesary the existence of such authorization to in order carry out the international circulation of data. In this regard, before sending personal information to another country, persons required tofulfil this policy should verify that there exists prior authorization, expressly and unequivocally, fromthe holder to transfer their allows personal data.

This transfer of personal data is carried out solely to third parties with whom, LA EQUITATIVA has a contractual, commercial and/or legal association.

  1. IDENTIFICATION OF THE DATABASES AND PERIOD OF VALIDITY:
  2. BD Commercial – Customer

Type of processing: Collection, update, saving, and transfering mixed personal data (manual and automatic).

Purpose: For sending commercial communications, commercial prospecting, newsletters, promotions and publicity.

Period of Validity: The duration of of LA EQUITATIVA..

  1. BD Suppliers.

Type of processing: collection, update, saving and transferring personal data.

Purpose: For invoicing, recruitment, analyses, evaluations, and selection of suppliers and/or potential contractors.

Period of Validity: Until the withdrawal of contact, duration of the contractual relationship and legal duty.

  1. BD human talent.

Type of treatment: Collection, update, saving and transfering personal data.

Purpose: For employment relationships, provision of services, legal communicationstostaff. Access tolabor welfare benefits.

Period of Validity: Until the removal of the employee, duration of the contractual relationship and legal obligationsto former employees.

VII. VALIDITY AND POLICY UPDATES.

The present policies go into force starting 1 January 2016.

As a general rule, the term of the authorizations for the use of personal data by customers and/or users is understood by the type of business relationship or connection to the service and while carrying out the social purpose of the company.

Authorizations regarding the data of the clients and/or users may voluntarily be terminated bythese same people at any time. If the person is an active client of LA EQUITATIVA their data will not beable to be usedfor anything different than the delivery of the product or service and to offer subsequent renewals when the service has this modality.

Whenthe privacy policies terms, for any service or product contracted by a holder change in what is essential, as a general rule, in the services that have the option of renewal a new authorization should be obtained. For all other cases, authorization will be obtained for each policy or privacy notice or through the usual means of contact between the company and the holders.

Any substantial change in processing policies shall be communicated in a timely manner to the holders of the data through the usual means of contact and/or through: web page www.equiori.co or by email sent to the holders. For holders who do not have access to electronic media or those to which it is not possible to contact, this information will be communicatednthrough open advisories on the website or at the headquarters of the Organization.

Communication will be sent at least ten (10) days before implementing new policies and/or renewals of the same.