TERMS AND CONDITIONS OF USE OF THE WWW.RAISBECK.CO AND PERSONAL INFORMATION TREATMENT POLICY
- LEGAL DISCLAIMER
- The website www.raisbeck.co (hereinafter "the site") is owned and operated by RAISBECK & ASSOCIATES S.A.S. (hereinafter "RAISBECK"), a Colombian corporation, validly incorporated and currently existing, dedicated to providing legal services in different fields of law in Colombia.
- All the content of the site is for information purposes only and in no way can the use of the site be understood as legal advice. The site and the information contained on the site does not in any way replace the advice of an attorney, and should not be used to make legal decisions. RAISBECK nor any of its partners or employees, will be responsible for the use of the site or the use of the information contained in the site, nor for the damages that can be caused, directly or indirectly, by the use of the site or the use of the information contained in the site.
- The use of the site to obtain information, or to send information to, or requests information from, RAISBECK, in no way generates a contractual relationship or any other relationship with RAISBECK. In case of requesting legal advice from RAISBECK, you must directly contact an attorney affiliated to RAISBECK, and there will only be a contractual relationship between RAISBECK and you in case of signing a written legal advice contract between you and RAISBECK.
- You should not send confidential information, trade secrets or other reserved information to RAISBECK, unless RAISBECK expressly and in writing requests such information from you, since sending information to RAISBECK as such does not generate any professional obligation from RAISBECK to maintain the confidentiality, secrecy or reserve over said information, nor does it generate per se any client-attorney relationship or privilege.
- Any information you submit to RAISBECK must be true and in no way may it impersonate another person or identify or represent yourself as a different person. Sending RAISBECK information that does not meet these criteria may lead to legal sanctions.
- PERSONAL INFORMATION TREATMENT POLICY FOR NATURAL AND/OR LEGAL PERSONS
- OBJECTIVE
By means of the present Personal Information Treatment Policy, compliance is made with the provisions of article 17 (k) of Law 1581 of 2012, in accordance with chapter III of Regulatory Decree 1377 of 2013, which regulates the duties which assist those Responsible for the Treatment of Personal Information, within which is to adopt an internal manual of policies and procedures to ensure proper compliance with the law. Likewise, it has the purpose of regulating the procedures for the processing of personal information carried out by RAISBECK & ASSOCIATES S.A.S. (hereinafter "RAISBECK"), in order to guarantee and protect the fundamental right of Habeas Data within the framework of aforementioned Law 1581 of 2012, article 15 of the Colombian Constitution and other regulations that modify, clarify, regulate or add to them.
- SCOPE
This Internal Policy is applicable to the Treatment of Personal Information contained in RAISBECK’s databases.
- RESPONSIBILITY
The person Responsible for the Treatment of the Information is RAISBECK WITH address at Carrera 10 # 97A - 13, Torre A, Office 507, Bogota D.C, Colombia, email: office@raisbeck.co, and telephone number +57 601 5148282. office@raisbeck.co y teléfono: +57 601 5148282.
- DEFINITIONS
4.1 Privacy Statement Verbal or written communication generated by the Responsible person, directed to the Holder, for the Treatment of his/her Personal Information, by means of which he/she is informed of the existence of the Information Treatment Policies that will be applicable to him/her, the means to access the same and the purpose of the Treatment to which his/her Personal Information will be subjected.
4.2 Database: Organized set of Personal Information that is the object of Treatment.
4.3 Personal Information: Any information linked to or associated with one or more specific or determinable natural persons.
4.4 Sensitive Information: Such information that affects the intimacy of the Holder or which misuse may generate discrimination.
4.5. Person In Charge of Treatment: Natural or legal person, public or private, who on its own or in association with others, performs the Treatment of Personal Information on behalf of the person Responsible for the Treatment.
4.6. Responsible for Treatment: Natural or legal person, public or private, who on its own or in association with others, performs the Treatment of Personal Information on behalf of the person Responsible for the Treatment.
4.7 Holder: Natural or legal person, public or private, who on its own or in association with others, decides over the Databases or the Treatment of the Information.
4.8. Transfer: The Transfer of Information takes place when the Person In Charge of Treatment and/or Responsible for the Treatment of Personal Information, located in Colombia, sends Personal Information to a receiver, who is also Responsible for the Treatment and is inside or outside the country.
4.9. Responsible for Treatment: Natural or legal person, public or private, who on its own or in association with others, decides over the Databases or the Treatment of the Information.
4.10. Treatment: Any operation or set of operations on Personal Information, such as collection, storage, use, circulation or deletion.
- REGULATORY FRAMEWORK
5.1. Article 15 of the Colombian Constitution
5.2. Statutory Law No. 1266 of December 31, 2008
5.3. Statutory Law No. 1581 of October 17, 2012
5.4. Decree 1377 of June 27, 2013
5.5. Decree 886 of May 13, 2014
5.6. External Circular No. 002 of November 03, 2015 of the Superintendency of Industry and Commerce (SIC)
- DEVELOPMENT
6.1. TREATMENT TO WHICH PERSONAL INFORMATION SHALL BE SUBMITTED AND PURPOSE.
The treatment that RAISBECK will give to the Personal Information contained in its Databases and it purpose, will be established in the Privacy Statement.
6.2. RIGHTS THAT ASSIST YOU AS A HOLDER
Without prejudice to other rights established by the Colombian Constitution, Law 1581 of 2012 and regulations that clarify, modify, regulate or add to them, the Holders have the right to:
- a) Know, update and rectify your Personal Data held by RAISBECK in its capacity as Responsible for Treatment.
b) Request proof of the Authorization granted to RAISBECK unless expressly excepted as a requirement for the Treatment, in accordance with the provisions of article 10 of Law 1581 of 2012
- c) Be informed by RAISBECK, upon request, regarding the use that RAISBECK has given to his Personal Data.
- d) To submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and other regulations that modify, add or complement it.
- e) To revoke the Authorization or request the suppression of the information when as part of the Treatment, the principles, rights and constitutional and legal guarantees are not respected.
- f) Provide free access to Personal Information that has been subject to Treatment.
6.3. PERSON OR AREA RESPONSIBLE FOR THE ATTENTION OF PETITIONS, COMPLAINTS AND CLAIMS TO WHICH THE INFORMATION HOLDER MAY EXERCISE HIS/HER RIGHTS TO KNOW, UPDATE, RECTIFY AND SUPPRESS THE INFORMATION AND REVOKE THE AUTHORIZATION.
The Management of the administrative area of RAISBECK is the area before which the Holders may raise their requests so that RAISBECK, as Responsible for Treatment, performs the necessary actions for the Holder to exercise his/her rights.
6.4. PROCEDURE FOR INFORMATION HOLDERS TO EXERCISE THE RIGHTS TO KNOW, UPDATE, RECTIFY AND DELETE INFORMATION AND REPEAL THE AUTHORIZATION.
6.4.1. Procedure for the attention of petitions, complaints and claims: The request for petitions, complaints or claims must be submitted through the email provided by RAISBECK for this purpose, in accordance with the provisions of the Privacy Statement and must contain at least the following information:
- a) Identification of the Holder: Full name and address of the Holder or indication of any other means to receive the response from the Responsible for Treatment.
- b) Identification of the Successor : In the event of acting as a successor in title, successor in title must provide documents evidencing such capacity with respect to the Holder of the Personal Information.
- c) Description of the Personal Information: Clear and precise description of the Personal Information in respect of which the Holder intends to exercise any of the rights.
- d) Claim: In the event of a claim, the Holder or his successor in title shall describe the facts that give rise to the claim along with the documents that support the claim.
- e) Other: Any additional document to the aforementioned that identifies the relationship between the Holder and RAISBECK as an employee, supplier, client or other.
6.4.2. Response times
The requests for petitions, complaints or claims will be answered within the times established in Title V of Law 1581 of 2012 or in the terms of the regulations that clarify, add or modify it.
Means enabled for queries and complaints
The petition, complaint or claim must be made in writing, either physical or digital, addressed to the Administrative Management of RAISBECK using the information contained in numeral 3 of this document.
- PRIVACY STATEMENT FOR THE TREATMENT OF PERSONAL INFORMATION
The Privacy Notice for the Processing of Personal Data contained in RAISBECK’s Databases will inform the Holder of the existence of this policy and the way in which it can obtain access to it.
- PERSON IN CHARGE OF TREATMENT OF PERSONAL INFORMATION
The duties of the Person In Charge of Treatment of Personal Information shall be those established in article 18 of Law 1581 of 2012.
- NATIONAL AND INTERNATIONAL TRANSFER AND TRANSMISSION OF PERSONAL INFORMATION
The contract RAISBECK enters into with the Persons In Charge of Treatment of Personal Information under its control and responsibility shall contain:
➢ Scope of the Treatment;
➢Obligations of the Person In Charge of Treatment of the Personal Information with respect to the Holder.
➢ Activities that the Person In Charge of Treatment of the Personal Information will carry out on behalf of the Responsible for Treatment;
- INFORMATION SECURITY AND SECURITY MEASURES
In compliance with the security principle established in the current regulations governing data protection, RAISBECK has the technical, human and administrative measures necessary to provide security for the records, preventing their adulteration, loss, consultation, unauthorized or fraudulent use or access .
For RAISBECK information is a fundamental asset for the provision of its services, which is why there is an express commitment to protect it, based upon the management of risk and the consolidation of a security culture. RAISBECK employs an information security model based on Google's administrative tools, as they allow identifying and minimizing the risks to which the information is exposed, thus reducing administrative costs.
There is a security process performed by the IT administrator, who accompanies, supervises and supports each of the security processes, covering the following topics:
➢Confidentiality agreement
➢Proper use of digital files
➢Internet access
➢Email
➢Protection against malicious software
➢Backups
➢Mobile or magnetic media
➢Logical access control
➢User password management
➢Identification of security requirements
- SENSITIVE DATA
The Holder has the right to choose not to supply any sensitive information requested by RAISBECK, related to, among other things, information on racial or ethnic origin, membership to trade unions, social or human rights organizations, political, religious or sexual preferences, biometric data or health information. In any case, RAISBECK will refrain from collecting sensitive data from the Holder, if possible, and will treat it as stipulated in Article 5 of Law 1581.
- DATE OF ENTRY INTO FORCE AND DURATION
The present policy will take effect from its issue date. The Personal Information upon which Treatment is performed in any of our Databases, will remain therein as long as necessary for the purposes mentioned in this Policy, and for which they were collected.
- ANNEXES
ANNEX I - PRIVACY NOTICE OF RAISBECK & ASSOCIATES S.A.S.
RAISBECK & ASSOCIATES S.A.S. (hereinafter “RAISBECK”), a corporation incorporated under the laws of Colombia, domiciled in Bogota D.C., acting as Responsible for Treatment of Personal Information, informs all its interest parties that it has an Information Treatment Policy.
The present Privacy Statement sets out the terms and conditions under which RAISBECK, domiciled at Carrera 10 # 97A - 13, Torre A, Office 597, Bogota D.C., performs the Treatment of Personal Information contained in its Databases.
The Personal Information provided to RAISBECK may be processed, collected, stored, used, circulated, deleted, shared, updated, transmitted or transferred in whole or in part to the different areas of RAISBECK, as well as to contractors and associates, when this is required for commercial, financial, administrative and operative purposes, mainly to fulfill and to improve in the best manner possible RAISBECK’s objectives.
As Holder of your Personal Information you have the right to:
- a) Know, update and rectify your Personal Information held by RAISBECK in its capacity as Responsible for Treatment. This right may be exercised, among others, over partial, inaccurate, incomplete, fractionated Information, which is misleading or which treatment is expressly prohibited or has not been authorized.
b) Request proof of the Authorization granted to RAISBECK unless expressly excepted as a requirement for the Treatment, in accordance with the provisions of article 10 of Law 1581 of 2012
- c) Be informed by RAISBECK, upon request, regarding the use that RAISBECK has given to your Personal Information.
- d) To submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and other regulations that modify, add or complement it.
- e) To revoke the Authorization or request the suppression of the information when as part of the Treatment, the principles, rights and constitutional and legal guarantees are not respected.
- f) Provide free access to Personal Information that has been subject to Treatment.