TRES ASTRONAUTAS SIMPLIFIED JOINT-STOCK COMPANY
In compliance with the provisions of Article 15 of the National Constitution, on personal information, collected in databases and files, a fundamental right which, in turn, is developed and regulated by Law 1581 of 2012 on General Regime for the Protection of Personal Data, and its Regulatory Decree 1377 of 2013, the company Tres Astronautas S. A.S., with tax identification number 901120741-2 makes available to the holders of personal information, the Policy Manual for the Processing of Personal Data, which is an integral part of the Terms and Conditions of the web portal. https://www.tresastronautas.com/
OBJECT AND SCOPE OF APPLICATION
First -. Object. The purpose of this policy is to establish the criteria that will govern Tres Astronautas S.A.S, as data controller, in the collection, transfer, storage, use, circulation, updating and transmission of personal data. Complying with the guidelines provided by law and thus achieving that all people feel confident in the company’s management of their data.
Second-. Scope of application. This policy, concerning the handling of personal data, shall apply to all personal and/or commercial information stored in the database of Tres Astronautas S.A.S as responsible for such information and shall be mandatory for its employees, programmers, suppliers, assistants, consultants, and in general, for all those persons who, in one way or another, to act by or for Tres Astronautas S.A.S need to know certain personal information stored in its database. Similarly, this policy binds the holders of the personal information provided.
Third-. Databases. The policies and procedures contained in this document apply to the database held by Tres Astronautas S.A.S for the development of its corporate purpose.
DEFINITIONS AND PRINCIPLES
Fourth -. Definitions. In accordance with article three (3°) of Law 1581 of 2012, and Regulatory Decree 1377 of 2013, the terms used in this personal data processing policy shall have the following meaning:
1. Tres Astronautas. The term Tres Astronautas should be understood to mean the legal entity Tres Astronautas S.A.S., identified with the Colombian Tax Code: 901120741-2
2. Authorization. Prior, express and informed consent of the holder for Tres Astronautas or his manager, to carry out the processing of personal data.
3. Datebases. Organized set of personal data that are processed by Tres Astronautas.
4. Personal data. Any information linked or that may be associated with one or more natural persons determined or determinable, who, as users, employees, or customers have accessed the services of Tres Astronautas.
5. Private data. It is data that, due to its intimate or reserved nature, is only relevant to the Data Subject.
6. Semi-private data. It is that which is not of an intimate, reserved or public nature and whose knowledge or disclosure may be of interest not only to its owner but also to a certain sector or group of people or to society in general.
7. Public data. It is data that is not semi-private, private or sensitive. Public data includes, among others, data related to the marital status of individuals, their profession or trade, and their status as merchants or public servants.
8. Sensitive data. Sensitive data is understood as that which affects the holder's privacy or could lead to improper use such as discrimination. These include data which reveals racial or ethnic origin, among others.
9. Data Processor. Natural or legal person, of a private nature, who by himself or in association with others, carries out the processing of personal data on behalf of the Data Controller.
10. Responsible for the treatment. The data controller is Tres Astronautas S.A.S., which by itself or in association with others, decides on the database and / or the processing of data.
11. Holder of the information. Natural person to whom refers the information contained in the database of Tres Astronautas, and also subject of the right of habeas data and other rights and guarantees referred to in this policy of data processing; the information stored in the database is precisely that which is subject to treatment by TresAstronautas S.A.S.
12. Data processing. Any operation or set of operations carried out by Tres Astronautas S.A.S. , such as the collection, storage, use, circulation or deletion of personal data.
13. Privacy Notice. Privacy notice is the physical or digital writing, which is addressed to the holders of the treatment. This document informs the holder about the existence of the information processing policies that will be applicable to them, how to access them and the purposes of the treatment that is intended to be given to their personal data.
14. Transfer. The transfer of data takes place when the Controller and/or Processor of personal data, located in Colombia, sends the information or personal data to a recipient, which in turn is the Data Controller and is located inside or outside the country.
15. Transmission. Processing of personal data that involves the communication of such data within or out side the territory of the Republic of Colombia when its purpose is the performance of Processing by the Processor on behalf of the Controller.
Fifth-. Principles. The following principles, contained in Article 4° of Law 1581 of 2012, shall govern the interpretation and application of this personal data processing policy, namely:
1. Principle of legality in data processing. The processing of personal data referred to in this statute is a regulated activity that must be subject to the provisions of Law 1581 of 2012 and other provisions that develop it.
2. Principle of finality. The treatment that Tres Astronautas will give to personal data, will obey a legitimate purpose in accordance with the Constitution and the Law, and the same will be informed to the Holder.
3. Principle of freedom. The treatment that Tres Astronautas gives to personal data, will be made with the consent, prior, express and informed consent of the holder. Tres Astronautas will not obtain or disclose personal data without the prior authorization ofthe holder, or in the absence of legal or judicial mandate that relieves suchauthorization.
4. Principle of veracity or quality. The information received by Tres Astronautas, subject to treatment, must be truthful, complete, accurate, current, verifiable and understandable. It prohibits the processing of partial, incomplete, fractional or misleading data.
5. Transparency principle Three Astronauts. Asthe data controller, or the person in charge of the data processing, guaranteesthe right of the Data Subject to obtain, at any time and without restriction, information about the existence of data concerning him/her.
6. Principle of restricted access and circulation. Theprocessing of data collected by Tres Astronautas, is subject to the limitsarising from the nature of personal data, the provisions of Law 1581 of 2012and the Constitution. In this sense, the treatment will only be done by persons authorized by the Holder and / or by the persons provided for in Law 1581 of 2012.
Personal data, except for public information, 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 Holders or authorized third parties in accordance with Law 1581 of 2012.
7. Safety principle. The information subject to treatment by Tres Astronautas, or by the person in charge of it, will handle the personal data collected with the technical, human and administrative measures necessary to provide security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.
8. Principle of confidentiality. Every person involved in the processing of personal data, which is not of public nature, defined by Tres Astronautas, is obliged to ensure the confidentiality of information. Even after the end of their relationship with any of the tasks that comprise the contract, and may only make provisional communication of personal data when it corresponds to the development of the activities authorized in Law 1581 of 2012and under the terms of the same.
PERSON IN CHARGE OF THE Data treatment
Fifth -. Responsible for the handling of data. The sole responsible for the processing of your personal data is Tres Astronautas S.A.S. commercial company located at Calle 97 #70C 69, municipality of Bogotá D.C., department of Bogotá, Republic of Colombia, and identified with the NIT901120741-2. The company Tres Astronautas S.A.S. is the owner of the web sitehttps://www.tresastronautas.com/.
Sixth -. Data Treatment and Purpose. Three Astronauts serves to establish the purposes that will meet the data of theholders with a view to its collection, transfer, storage, use, circulation, updating, transmission, and deletion of personal data.
1. a) Contact the Holder by telephone, email, chat, SMS service or any other means, to conduct satisfaction surveys and general marketing; or to send proposals, discounts, advertising plans, loyalty campaigns and improvement of services. Additionally, to send statements of publications, account statements, invoices, payment receipts, payment receipts, and support for taxes.
2. b) Manage, in relation to the personal information received, the requests of the Holder for clarification, rectification, complementation, suppression, complaints and claims.
3. c) Store, together with the personal information received, the proof of the previous and express authorization, date of the same, and record of the means used.
4. d) To comply with the obligations arising from civil, commercial, consumer relations, administrative, health, labor and tax relations in charge of Tres Astronautas.
5. e) Fulfillment of contractual obligations, for which the information may be transferred to third parties, such as financial entities, notaries, OFAC and terrorism lists, lawyers, etc.
6. f) To carry out the pertinent actions for the development of the company's corporate purpose in relation to the fulfillment of the terms and conditions subscribed for the use of the platform. https://www.tresastronautas.com/.
7. g) Compliance with judicial decisions and administrative, legal, tax and regulatory provisions.
8. h) Transmission of information and personal data in audit processes.
9. i) Contacting the Data Subject by any means for purposes of advertising, marketing, commercial alliances and job offers.
10. j) Any other use that the provider authorizes in writing for the use of your information.
Paragraph -. Users of Tres Astronautas in accordance with the terms and conditions must be of legal age, consequently, the veracity of the data provided by the owners is presumed. Thus, no data is collected from children and adolescents. If for any reason data of this population were to be collected, the same will be done incompliance with the provisions of Judgment C-748 of 2011, as well as articles12 and 7 of Decree 1377 of 2013 and the Ley 1581 de 2012, respectivamente.
HOLDER OF THE INFORMATION
Seventh -. Holder of the information. Has the quality of holder, any natural or legal person who provides personal information to Tres Astronautas, in order for it to develop and fulfill its objectives.
Eighth-. Authorization for the use of information. The collection, storage, use, circulation or deletion of personal data by Tres Astronautas requires the free, prior, express and informed consent of the owner of these. To obtain authorization for the use of personal data, Tres Astronautas S.A.S. has provided the necessary mechanisms to obtain the authorization of the owners of the data on its website, as well as in the processes of creating customers and suppliers.
Ninth-. Mechanisms for granting authorization. The authorization will be recorded in an electronic or physical document that will ensure its subsequent consultation. The authorization will be issued by Tres Astronautas S.A.S. once the holder completes the processes of creation of customers and suppliers.
The consent procedure ensures that the owner of the personal data has been made aware of the fact that his or her personal information will be collected and used for specific and known purposes, and that he or she has the option to know of any changes to the data and the specific use that has been made of it.
The above in order for the holder to make informed decisions regarding their personal data and control the use of their personal information. The authorization is a statement that informs the holder of the personal data:
1. Whocollects data (responsible or in charge).
2. Whatdata is collected (data collected).
3. What you collect the data for (the purposes of the processing).
4. Howto exercise rights of access, correction, updating or deletion of personal dataprovided.
5. If sensitive data is collected.
OBLIGATIONS OF THE CONTROLLER AND PROCESSOR
Tenth-. Obligations of the Responsible Party. With out prejudice to compliance with other provisions of the Colombian Law 1581 of2012, and others governing its activity, Tres Astronautas, as responsible for the processing of your personal data, is subject to the observance of the following obligations, enshrined in the aforementioned Law, namely:
1. a) Guarantee the Data Subject, at all times, the full and effective exercise of the right of habeas data.
2. b) Request and keep, under the conditions set forth in Law 1.581 of 2012, a copy of the respective authorization granted by the Data Subject.
3. c) Duly inform the Data Subject about the purpose of the collection and the right she/she is entitled to by virtue of the authorization granted.
4. d) Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
5. e) Ensure that the information provided to the Data Processor is truthful, complete, accurate, current, verifiable and understandable.
6. f) Update the information, communicating in a timely manner to the Data Processor, all developments with respect to the data previously provided and take the necessary measures to ensure that the information provided to it is kept up to date.
7. g) Rectify the information when it is incorrect and communicate the pertinent to the Data Processor.
8. h) Provide to the Data Processor, as the case may be, only data whose processing is previously authorized in accordance with the provisions of Law 1.581 of 2012.
9. i) To require the Data Processor at all times to respect the security and privacy conditions of the Data Controller's information.
10. j) To process the queries and claims formulated in the terms set forth in Law 1581 of2012.
11. k) Adopt a manual of policies and procedures to ensure proper compliance with Law 1581of 2012 and in particular, for the attention of queries and claims.
12. l) Inform the Data Processor when certain information is under discussion by the Data Subject, once the claim has been filed and the respective process has not been completed.
13. m) Inform upon request of the Data Subject about the use given to his or her data.
14. n) Inform the data protection authority when there are violations to the security codes and there are risks in the administration of the information of the Data Controllers.
15. o) Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
Eleventh -. Obligations of the Processors. Data Processors shall comply with the following obligations, without prejudice to the other provisions set forth in Law 1581 of 2012 and others that govern their activity:
1. a) Guarantee the Holder, at all times, the full and effective exercise of the right of habeas data.
2. b) Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
3. c) Update, rectify or delete the data in a timely manner under the terms of this law.
4. d) Update the information reported by the Data Controllers within five (5) business days from its receipt.
5. e) To process the queries and claims made by the Data Controllers under the terms set forth in Law 1581 of 2012.
6. f) Adopt a manual of policies and procedures to ensure proper compliance with Law 1581of 2012 and, in particular, for the handling of queries and claims by the Data Holders.
7. g) Register in the database "claim in process" in the manner regulated by Law1581 of 2012.
8. h) Insert in the database the legend "information under judicial discussion "once notified by the competent authority about judicial proceedings related to the quality of the personal data.
9. i) Refrain from circulating information that is being disputed by the Data Subject and whose blocking has been ordered by the Superintendence of Industry and Commerce.
10. j) To allow access to the information only to those persons who may have access to it.
11. k) 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 Data Controllers.
12. l) Comply with the instructions and requirements given by the Superintendence of Industry and Commerce.
Paragraph -. In the event that the qualities of Data Controller and Data Processor concur in the same person, he/she will be required to comply with the duties foreseen for each of them.
RIGHTS OF THE OWNERS
Twelfth-. Rights of the Holders. The Holder of personal data collected by Tres Astronautas, in accordance with Article 8 of Law 1581 of 2012, shall have the following rights:
1. a) Authorize, know, update, include, rectify, exclude or delete your personal data against Tres Astronautas, responsible for processing, or to whom it has been commissioned. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading, or those whose treatment is expressly prohibited or has not been authorized.
2. b) Request proof of the authorization granted to the Data Controller Tres Astronautas, except when expressly exempted as a requirement for the Treatment, in accordance with the provisions of Article 10 of Law 1581 of 2012.
3. c) Be informed by Tres Astronautas, or the person entrusted by it, upon request, regarding the use given to their personal data.
4. d) File complaints with the Super intendency of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and other rules that amend, supplement or complement it.
5. e) Revoke the authorization granted to Tres Astronautas and / or request the deletion of the data when the treatment does not respect the principles, rights and constitutional and legal guarantees. The revocation and / or deletion will proceed when the Superintendence of Industry and Commerce has determined that in the Treatment Tres Astronautas, or whoever it has commissioned, have incurred in conduct contrary to Law 1581 of 2012 and the Constitution.
6. e) Access free of charge to your personal data that have been processed by TresAstronautas.
OF PETITIONS, INQUIRIES AND COMPLAINTS
Thirteenth -. Exercise of the rights of the Holder. The Holder may exercise their rights against Tres Astronautas, from seven (7) a.m. to five (5) p.m. on business days, through the following means:
• Address: Calle 97 #70C-69
• E-mail: firstname.lastname@example.org
• Switchboard: 3208996463
Fourteenth -. Petitions, inquiries and complaints. Tres Astronautas, asthe party responsible for the processing of personal information, is in chargeof a Department, which has been assigned the resolution of all types ofpetitions, queries and claims, through the procedure and terms indicated inthis statute.
OF THE HABEAS DATA PROCEDURE
Fifteenth -. Formalities. Any request, inquiry or complaint must be made by the Holder, their assignees, or their representative, and must be addressed to Tres Astronautas, or to the person in charge of it, verbally, leaving a record of it, signed by the parties; in writing or by e-mail addressed to email@example.com.
Sixteenth -. Filing. The request with which a request, consultation or claim is made, to Tres Astronautas, or to the person in charge of it, must meet the following minimum requirements, namely:
• Full name and surname of the person making the request, consultation or claim, the identification of the holder and the capacity in which he/she acts.
• Clear and ordered relation of the facts that motivate the petition, consultation or claim.
• Attach the documents to be asserted.
• What is intended, expressing precisely and clearly if the purpose of the request is to know, update, rectify, request proof of the authorization granted, revoke it, delete or access the information.
• The place, physical and electronic address, and telephone number where the Data Subject, his or her assignees, or his or her attorney-in-fact or representative, will receive the response to his or her request, consultation or claim.
• If the request, inquiry or claim is made in writing, it must be signed and signed by the person making it, indicating the type of identification and corresponding number.
Seventeenth-. Consultations. Once the consultation is filed, Tres Astronautas, or the person in charge of it, will respond within a maximum period of ten (10) working days, counted from the date of receipt of the same. When it is not possible to attend the consultation with in that period, the interested party will be informed, stating the reasons for the delay and indicating the date on which the consultation will be attended, which, in no case, may exceed five (5) working days following the expiration of the first term. The above terms shall be observed, unless otherwise provided by law or regulation.
Eighteenth-. Claims. The following procedure shall be observed in claims:
1. Inadmissibility-. If the claim does not meet the minimum requirements for its filing, the interested party will be required, within five (5) days following its receipt, to correct the faults.
2. Rejection-. After two (2) months from the date of the requirement, without the applicant submitting the required information, it will be understood that the claim has been abandoned.
3. Admission-. Once the complete claim has been received, a legend will be included in the database stating "claim in process" and the reason for the claim, within a term no longer than two (2) business days. Said legend shall be maintained until the claim is decided.
The maximum term to address the claim will be fifteen (15) business days, counted from the day following the date of receipt. When it is not possible to address the claim, within such term, the interested party will be informed of the reasons for the delay and the date on which the claim will be addressed, which, in no case, may exceed eight (8) business days following the expiration of the first term.
Nineteenth-. Procedural requirement. The Data Subject or assignee may only file a complaint before the Super intendence of Industry and Commerce - Delegation for the Protection of Personal Data -,once he/she has exhausted the consultation or complaint process before the Data Controller or Data Processor, and has been denied, totally or partially, the exercise of the rights of access, updating, rectification, suppression or revocation.
Twentieth-. Validity. The present Personal Data Processing Policy statute is effective as of September 1,2021.
Paragraph -. The databases in which personal data will be recorded, will have a validity equal to the time in which the information is kept and used for the purposes described in this policy. Once these purposes are fulfilled and provided that there is no legal or contractual duty to keep your information, your data will be deleted from our databases.
Twenty-first-. Modifications. The company reserves the right to modify, at any time, unilaterally, its policies and procedures for the treatment of personal data. Any changes will be published and announced. In addition, the previous versions of the present personal data processing policies will be retained.
Continued use of the services or failure to disengage from the services by the Data Subject after notification of the new guidelines constitutes acceptance of the new guidelines.
Every law mentioned in this document is in reference to The Colombian Constitution of 1991