Política de Privacidad -

Privacy Policy for Plusclic digital marketing agency

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INFORMATION PROCESSING AND PERSONAL DATA PROTECTION POLICY

PLUSCLIC

Executive summary:

PLUSCLIC, in compliance with the provisions of Law 1581 of 2012, on the protection of personal data, which aims to "develop the constitutional right of all persons to know, update and rectify the information collected about them in databases or files", informs all its clients, suppliers, employees and other persons who are listed as data subjects in our databases, that PLUSCLIC respects the confidentiality and security of information, and therefore takes care to preserve the data that you have provided to us directly or through the use of electronic means, among other mechanisms.

PLUSCLIC, as the holder of the information, guarantees that it will be used only in the strict exercise of the development of its corporate purpose and with your authorization for the following purposes: maintaining communication, sending correspondence, messages, communications, certifications or similar, providing or being provided with services and/or products, evaluating the quality of service and fulfilling contractual obligations with our clients.

The objective is to make available to data subjects and other interested parties a document with the policies for processing information and personal data collected as part of the commercial activities carried out by PLUSCLIC. This document summarizes the rights enshrined in the law and the constitution, the purposes of the processing, and the communication channels available to address queries and complaints.

Data controller:

PLUSCLIC, a legally constituted personal company, identified with NIT 1.128.276.779-9, domiciled at Calle 1 Sur #75 ba 192, INT 107, Medellín-Colombia, telephone 3003740652, complying with the provisions of Law 1581 of 2012 and Decree 1377 of 2013, is responsible for the processing of personal data of the owners with respect to whom it obtains authorization, about which it will decide directly and autonomously.

General information:

Legal framework:
Political Constitution of Colombia (Article 15)

Law 1581 of 2012
Law 1266 of 2008
Decree 1377 of 2013
Decree 1727 of 2009
Constitutional Court Ruling C-1011 of 2008
Constitutional Court Ruling C-748 of 2011

Source of information:

The personal data that is processed by PLUSCLIC may come from commercial negotiations, contracts and/or forms authorized by the client, employee or supplier, for commercial purposes.

Basic terminology:

For the purposes of this policy and in accordance with current regulations on the protection of personal data, the following terminology will be taken into account:

Database: An organized set of personal data that is subject to processing.

Data subject: Natural person whose personal data is subject to Processing.

Treatment: Any operation or set of operations performed on personal data, such as collection, storage, use, circulation or deletion.

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.

Person in charge of treatment: Natural or legal person, public or private, who, alone or in association with others, carries out the processing of personal data on behalf of the data controller.

User: Subject involved in the processing of the data.

Public data: Data that is not semi-private, private, or sensitive. Public data includes, among other things, data relating to a person's marital status, profession or occupation, and their status as a merchant or public servant.

Private information: It is that which, due to its intimate or private nature, is only relevant to the owner.

Sensitive data: Those that affect the privacy of the holder or whose misuse may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in trade unions, social or human rights organizations or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data relating to health, sex life and biometric data.

Transmission: Communication of personal data within or outside of Colombia for processing by the processor on behalf of the controller.

Transfer: Communication of personal data to another recipient who in turn acts as the controller located outside of Colombia.

Privacy notice: Verbal or written communication generated to inform the owner or controller of the processing of their personal data; the policies that PLUSCLIC has in this regard, including how to access them and the purposes of the processing that is intended to be given to the personal data.

Rights of the data subjects:

PLUSCLIC recognizes and guarantees the following rights of personal data holders, in accordance with all the provisions of this policy:

Access, know, update, rectify or delete your personal data held by PLUSCLIC, as the data controller or processor.
Request proof of the authorization granted for the processing of your data, except in cases exempted by law.
Receive information about the use of your personal data.
Revoke authorization and/or request the deletion of data when the processing does not respect constitutional and legal principles, rights and guarantees.
Know the department or person authorized by PLUSCLIC, to whom you may submit complaints, inquiries, claims and any other request regarding your Personal Data.
File complaints with the Superintendency of Industry and Commerce for violations of the Law.

Rights of children and adolescents

In the processing of personal data, respect for the prevailing rights of minors will be ensured.

The processing of personal data of minors, except for data that is of a public nature, must comply with the following parameters:

Respond to and respect the best interests of the child.
To ensure respect for the fundamental rights of minors.
For the processing of personal data of a child or adolescent, prior authorization for such processing must be given by the minor's legal representative.

It is the responsibility of the State and educational entities of all kinds to provide information and training to legal representatives and guardians about the potential risks faced by children and adolescents regarding the improper processing of their personal data, and to provide knowledge about the responsible and safe use by children and adolescents of their personal data, their right to privacy and protection of their personal information and that of others.

Duties as the person in charge or responsible:

In the processing and protection of personal data, PLUSCLIC will have the following duties, without prejudice to others provided for in the provisions that regulate or may regulate this matter:

To guarantee the holder all the rights mentioned above and others enshrined in law.
Request and keep, under the conditions provided by law, a copy of the authorization granted by the holder.
Keep the information under the necessary security conditions to prevent its alteration, loss, consultation, use or unauthorized or fraudulent access.
To comply with the guiding principles of the processing of personal data.
Use the personal data of the holder only for those purposes for which it is duly authorized and respecting in all cases the current regulations on the protection of personal data.
To ensure the proper use of the personal data of children and adolescents, in those cases where the processing of their data is authorized.

Treatment:

Through this policy, PLUSCLIC, in compliance with its legal and regulatory duty, intends to make effective the constitutional guarantee of protection of the privacy of all citizens, establishing expeditious instruments and controls in order to give appropriate treatment to the information it manages.

This policy establishes the terms, conditions and purposes under which PLUSCLIC, as the controller of personal data obtained through its various service channels, processes the information of all persons who at some point, for reasons related to the activity carried out by the entity, have provided personal data.

The data subject registers or provides their information freely and voluntarily, and acknowledges that they have read and expressly accept these terms and conditions.

PLUSCLIC is directly responsible for the processing of personal data; however, it reserves the right to delegate such processing to a third party.

The databases that PLUSCLIC obtains are not sold or rented to third parties and are maintained with the greatest possible privacy, with restricted access using a username, password, and administrator.

Purposes:

Personal data stored within PLUSCLIC's databases may be used for:

The development of various procedures directly related to its corporate purpose.
Keeping account holders informed about the terms and conditions of service provision.
Inform us about updates to our products or services.
To offer additional relevant information about our products or services.
To maintain communication with its owners, with a view to providing a better service.
By virtue of the development of the contractual relationship that binds the company to the client.
For debt collection.
Develop the process of selection, evaluation, and job placement.
In order to adopt measures to prevent the development of illicit activities and for other tax purposes in accordance with the provisions of the law.
To supply, share, send or deliver your personal data to affiliated, related or subordinate companies of PLUSCLIC located in Colombia or any other country in the event that such companies require the information for the purposes indicated herein.
Support internal or external audit processes.
Sending commercial, advertising or promotional information about products and/or services, events and/or promotions of a commercial or non-commercial nature, via physical mail, email, cell phone or mobile device, via text messages (SMS and/or MMS) or through any other analogous and/or digital means of communication created or to be created, in order to promote, invite, direct, execute, inform and in general, carry out campaigns, promotions or contests of a commercial or advertising nature, carried out by PLUSCLIC and/or by third parties.

It is the client's duty to guarantee the veracity of the data provided by him and of those for whom he is responsible.

PLUSCLIC reserves the right to take the necessary measures in case of falsity or inaccuracy of said data.

PLUSCLIC has adopted all available security measures, both technical and administrative, to protect the data under its responsibility; however, the client should understand that these measures are not impenetrable and are under constant review and improvement.

Treatment Validity:

This Policy is effective from June thirtieth (30) 2017 and the period of the databases will be valid for the same period as the purpose or purposes are maintained, or the period of validity indicated by a specific legal, contractual or jurisprudential cause.

Authorization:

Except for the cases defined in Law 1581 of 2012 and in Decree 1377 of 2013, as well as in the other regulations that govern, add to, execute, complement, modify, suppress or repeal it, in cases where prior authorization from the data subject is required, PLUSCLIC will request it at the time of collecting the information.

The authorization must be express, either orally, in writing or through unequivocal conduct, and informed, in the sense of including the specific purposes of the processing for which consent is requested, and obtained by any means that can be subsequently consulted.

Guiding principles for the processing of personal data:

Principle of legality: Data processing at PLUSCLIC must be for legitimate purposes and must comply with the provisions of the Law.

Principle of purpose: The processing must comply with the purposes set out in the information processing policies and only for the performance of the activities entrusted by the controller or owner of the information.

Principle of freedom: The processing will only be carried out with the prior, express, and informed consent of the data subject. The data may not be disclosed without prior consent or judicial authorization.

Principle of truthfulness or quality: The information provided must be truthful, complete, accurate, up-to-date, verifiable, and understandable.

Principle of transparency: PLUSCLIC guarantees all data subjects the right to access and know the information about them that is being processed.

Principle of restricted access and circulation: Access to information will be restricted according to the nature of the data, the authorizations of the owner and the procedures defined in this manual.

Safety principle: The information processed by PLUSCLIC will be protected with the necessary technical, human and administrative measures to prevent its alteration, loss, consultation, use or unauthorized or fraudulent access.

Principle of confidentiality: PLUSCLIC guarantees the confidentiality of information during and after data processing. Data may only be disclosed to third parties when permitted by law or with the prior authorization of the data subject.

Procedures for data subjects to exercise their rights:

In compliance with the personal data protection law and in accordance with the purpose of this data processing policy, the rights of the data subject are: knowledge, access, rectification, updating, opposition and/or cancellation of their personal data; and they may do so partially or totally by sending written notification addressed to info@plusclic.com.

Handling inquiries, complaints and requests:

To effectively address your requests regarding the processing of your data, the following communication channels are available to customers and data subjects for any questions, complaints, or requests related to their rights as provided for in Law 1581 of 2012.

Email: info@plusclic.com.

Phone: +57 3003740652

Website: https://www.plusclic.com/.

These channels may be used by Personal Data Holders, or third parties authorized by law to act on their behalf. name, in order to exercise the following rights:

TO). Inquiries: The Data Subject may consult their Personal Data free of charge. To do so, they may submit a request indicating the information they wish to know, through any of the mechanisms mentioned above.

The request will be addressed by the Company within a maximum of ten (10) business days from the date of receipt. If it is not possible to address the request within this period, the applicant will be informed of the reasons for the delay and the date on which their inquiry will be addressed, which in no case may exceed five (5) business days following the expiration of the initial period.

B). Claims: In accordance with the provisions of Article 14 of Law 1581 of 2012, when the Owner or his successors consider that the information processed by the Company should be corrected, updated or deleted, or when it should be revoked due to the alleged non-compliance of any of the duties contained in the Law, they may submit a request to the Company, which will be processed under the following rules:

The Holder or his/her successors in title must prove their identity, that of their 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 person acts on behalf of the latter, it will be deemed not to have been submitted.

The request for rectification, updating, deletion or revocation must be submitted through the means enabled by the Company indicated in this document and contain, as a minimum, the following information:

The name and address of the Owner or any other means to receive the response.
(ii) Documents proving the identity of the applicant and, where applicable, that of his or her representative with the respective authorization.
(iii) A clear and precise description of the Personal Data in respect of which the Data Subject seeks to exercise any of the rights and the specific request.

The maximum term to attend to this request will be fifteen (15) business days counted from the day following the date of 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 his claim will be attended to, which in no case may exceed eight (8) business days following the expiration of the first term.

If the claim is incomplete, the interested party will be required within five (5) days of receipt to correct the deficiencies. After two (2) months from the date of the request, if the applicant does not submit the required information, it will be understood that the claim has been withdrawn. Once the complete claim has been received, a legend stating “claim in process” and the reason for it will be included in the Database within a period of no more than two (2) business days. This legend must be maintained until the claim is decided.

C). Rectification and update: When the claims are for rectification or updating, the Owner must indicate the corrections to be made and adopt the documentation that supports their request.

D). Suppression: The deletion of Personal Data is carried out by the total or partial elimination of personal information as requested by the Owner, however, the Company may refuse to do so when the Owner has a legal or contractual obligation to remain in the Database.

Modifications:

PLUSCLIC reserves the right to modify or update this policy at any time and without prior notice. The Personal Data that is stored, used or transmitted will remain in our Database, based on the criteria of temporality and necessity, for as long as necessary for the purposes mentioned in this Policy, for which they were collected.