Personal data processing policy

Company Name: FB PROJECTS S.A.S
Tax ID: 901.028.317-1

  1. LEGAL REGULATIONS AND SCOPE OF APPLICATION: This policy for the Treatment of personal data is prepared in accordance with the provisions of the Colombia Constitution, Law 1581 of 2012, Regulatory Decree 1377 of 2013, Decree 886 of 2014 and other complementary provisions that will be applied by FB PROJECTS S.A.S. regarding the collection, storage, use, circulation, elimination and all those activities that constitute Treatment of personal data.
  1. DEFINITIONS: Forthe 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 from the Data Subject for the Processing of their personal data; b) Privacy Notice: Physical, electronic or any other format generated by the Data Controller that is made available to the Data Subject for the Processing of their personal data. The Privacy Notice communicates to the Data Subject the information regarding the existence of the information processing policies that will be applicable, the way to access them and the purpose of the processing of the personal data; c) Database: Organized set of personal data that is subject to Processing; d) Personal data: Any information that may be associated with one or more specific or determinable individuals; e) Public data: Data qualified as such according to the provisions of the law or the Political Constitution that is not semi-private, private or sensitive. Public data includes, among others, data relating to the marital status of individuals, their profession or trade, their status as merchants or public servants, and data that may be obtained without any privileges whatsoever. Due to its nature, public data may be found in public records, public documents, gazettes and official bulletins, among others; f) Private data: Data that, due to its intimate or reserved nature, is only relevant for the owner; g) Sensitive data: Sensitive data is understood as that which affects the privacy of the Data Subject or whose improper use may generate discrimination, such as that which reveals racial or ethnic origin, political orientation, religious or philosophical convictions, membership in trade unions, social organizations, human rights organizations, that promotes the interests of any political party and that guarantees the rights and guarantees of opposition political parties, as well as data relating to health, sex life and biometric data; h) Data Processor: Individual person or legal entity, public or private, who by themself or in association with others, carries out the Processing of personal data on behalf of the Data Controller; i) Data Controller: Individual person or legal entity, public or private, who by themself or in association with others, makes decisions about the database and/or the Processing of the data; j) Data Subject: Individual person whose personal data is subject to Processing; k) Processing: Any operation or set of operations involving personal data, such as its collection, storage, use, circulation or elimination.
  1. PURPOSE FOR WHICH PERSONAL DATA IS COLLECTED AND PROCESSED: FB PROJECTS S.A.S. may use personal data for the following purposes:
  1. Maintain efficient communication related to the information that could be useful within the different commercial and/or contractual relationships in which it is or becomes a party.
  2. Comply with the obligations contracted by FB PROJECTS S.A.S. with employees, shareholders, customers and suppliers.
  3. Inform affected persons about the changes that may occur in business relationships with the RECIPIENT.
  4. Offer products, services and or benefits that seek to satisfy the needs of the Data Subjects, or the products and services provided by FB PROJECTS S.A.S, whichcan be carried out using physical means or through emails and/or mobile terminals.
  5. Send the information to government, public and private entities at their express request or as required by law.
  6. Evaluate the quality of the services offered in a capacity as collaborator, employee, shareholder, client or supplier.
  7. Consult information in control lists (national and international lists) such as the CIFIN, relevant information centers, Attorney General’s Office, Inspector General’s Office, National Police and the DIJIN with the purpose of preserving the confidence and transparency between the Data Subject and FB PROJECTS S.A.S.
  8. Conduct internal studies on the habits of our employees, collaborators, shareholders, customers and suppliers.
  9. Support external and internal audit processes.
  10. Collect data for the work carried out by FB PROJECTS S.A.S. where it is responsible for the collection of information and personal data.
  11. Any other purpose resulting from the relationship that exists between you and FB PROJECTS S.A.S.
  1. PRINCIPLES APPLICABLE TO THE PROCESSING OF PERSONAL DATA: The Processing of personal data in FB PROJECTS S.A.S will be governed by the following principles:
  1. Principle of purpose: The Processing of personal data collected must obey a legitimate purpose and this must be shared with the Data Subject.
  2. 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 orders that override consent.
  3. Principle of truthfulness or quality: The information subject to Processing must be truthful, complete, accurate, updated, verifiable and understandable. Partial, incomplete, fractional or misleading data will not be processed.
  4. Principle of transparency: Theright of the Data Subject to obtain information about the existence of data concerning them from FB PROJECTS S.A.S. at any time and without restrictions must be guaranteed during the Processing stage.
  5.  Principle of restricted access and circulation: Processing is subject to the limits of the nature of the 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 Data Subject, may not be available on the internet or other means of dissemination or mass communication, unless access is technically controllable to provide restricted knowledge only to the Data Subjects or authorized third parties.
  6. Principle of security: The information processed by FB PROJECTS S.A.S. must be protected through the use of technical, human and administrative measures necessary to preserve the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.
  7. Principle of confidentiality: All people 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: Inthe event that sensitive personal data is collected, the Data Subject may refuse to authorize its Processing.

  1. RIGHTS OF THE OWNERS OF PERSONAL DATA SUBJECT TO PROCESSING BY FB PROJECTS S.A.S: The subjects of personal data, either by themselves or through their representative and / or attorney or their heirs may exercise the following rights with respect to their personal data that is subject to Processing by FB PROJECTS S.A.S: a) Right of access: Through which an individual can access personal data that is under the control of FB PROJECTS S.A.S for the purposes of consulting this data free of charge at least once every calendar month, and each time there are substantial modifications to the Policies of Treatment of information that motivate new consultations; b) Right to update, rectification and elimination: By virtueof which the Data Subject may request the updating, rectification and/or elimination of personal data in such a way that the purposes of the Treatment of the data 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 the personal data; e) Right to file complaints before the Superintendent of Industry and Commerce: in relation to infringements of the provisions of the regulations in force regarding the Processing of personal data; f) Right to demand compliance with the orders issued by the Superintendent of Industry and Commerce. FIRST PARAGRAPH: For the purposes of exercising the rights described above, both the Data Subject and the person representing them must prove their identity and, if applicable, the capacity by virtue of which they represent the Data Subject. SECOND PARAGRAPH: The rights of minors will be exercised through the persons with the right to represent them.
  1. FB PROJECTS S.A.S. DUTIES, All those required to comply with this policy must be aware that FB PROJECTS S.A.S is obliged to comply with the conditions of the law in this area. The following obligations must be complied with.   
  1. Duties when acting as Data Controller: (i) Request and keep, under the conditions provided in this policy, a copy of the respective authorization granted by the holder. (ii) Inform the holder clearly and sufficiently 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 inquiries and claims made under the terms set forth in this policy (v) Ensure that the principles of accuracy, quality, security and confidentiality in the terms set forth in the following policy (vi)-Conserve the information under the security conditions necessary to prevent adulteration, loss, consultation, use or unauthorized or fraudulent access. (vii) Update the information when necessary. (viii) Rectify the personal data when appropriate.
  2. Duties when acting as Processor of personal data. If the data processing is carried out on behalf of another entity or organization (Data Controller), the following duties must be complied with: (i) Establish that the Data Controller is authorized to provide the personal data to be processed 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) business days from its receipt. (vi) Process the queries and claims made by the owners under the terms set forth in this policy. (vii) Register in the database the legend “claim in process” as established in this policy. (ix) 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. (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 the persons authorized by the owner or empowered by law for such purpose. (xii) Inform the Superintendence of Industry and Commerce when there are violations of 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.
  3. Duties when Processing is carried out by a Data Processor (i) Provide the Data Processor only with the personal data for which Processing has previously been authorized. For the purposes of national or international transmission of data, a contract for the transmission of personal data must be signed, or contractual clauses must be agreed upon in accordance with the provisions of 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 to the Data Processor in a timely manner all changes regarding the data previously provided and take other necessary measures to ensure that the information provided to the Data Processor is updated. (iv) Inform the Data Processor in a timely manner of any rectifications made to the personal data so that they may proceed to make the appropriate adjustments. (v) Require the Data Processor, at all times, to respect the security and privacy conditions of the Data Subject’s information. (vi) Inform the Data Processor if certain information is being disputed by the Data Subject after a complaint has been filed and the respective process has not been completed.
  4. Duties in relation to the Superintendent of Industry and Commerce (i) Inform the Superintendent about possible violations of security codes and the existence of risks regarding the administration of the information of the owners. (ii) Comply with the instructions and requirements provided by the Superintendent of Industry and Commerce

  1. REQUEST FOR AUTHORIZATION FROM THE DATA SUBJECT: Prior to and/or at the time of collecting the personal data, FB PROJECTS S.A.S, will request the Data Subject’s authorization to collect and process the data, highlighting the purpose for which the data is requested using automated, written or oral technical means for this purpose, which will ensure that a record of the proof of the authorization and/or the unequivocal conduct exists, as described in Article 7 of Decree 1377 of 2013. This authorization will be requested for a period of time that is reasonable and necessary to meet the needs that gave rise to the request for the data and in compliance with the legal provisions regulating this topic.
  1. PRIVACY NOTICE: Inthe event that FB PROJECTS S.A.S. cannot provide this policy regarding the Treatment of their information to the Data Subject, it will publish the privacy notice that is attached to the present document, the text of which will be kept for future consultation by the Data Subject and/or the Superintendent of Industry and Commerce.
  1. TIME LIMITATIONS ON THE PROCESSING OF PERSONAL DATA. FB PROJECTS S.A.S. may only collect, store, use or circulate personal data during the time that is reasonable and necessary, in accordance with the purposes that justified the Treatment of the data, taking into account the provisions applicable to the matter 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.
  1. ÁREA RESPONSABLE Y PROCEDIMIENTO PARA EL EJERCICIO DE LOS DERECHOS DE LOS TITULARES DEL DATO PERSONAL: LA GERENTE DE FB PROJECTS S.A.S será la responsable de atender las peticiones, quejas y reclamos que formule el titular del dato en ejercicio de los derechos contemplados en el numeral 5 de la presente política, a excepción del descrito en su literal e). Para tales efectos, el titular del dato personal o quien ejerza su representación podrá enviar su petición, queja o reclamo de lunes a viernes de 8:00 a.m. a 6:00 p.m. al correo electrónico, llamar a la línea telefónica de FB PROJECTS S.A.S, 3122951572, o radicarla en la siguiente dirección que corresponde a nuestra oficina: Carrera 26  84-41 Casa 1-  Conjunto Sierra Bonita. Manizales, Caldas.

The petition, complaint or claim must contain the identification of the Data Subject, the description of the facts that give rise to the claim, the address and accompanying documents when necessary. If the claim is incomplete, the interested party will be required within five (5) days after receipt of the claim to correct the faults. 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. In the event that the person receiving the claim is not able to resolve it, they will transfer it to the appropriate person within a maximum term of two (2) business days and will inform the interested party about the situation. Once the complete claim has been received, an additional item will be included in the database stating “Claim in process” and the reason for the claim, within a term not exceeding two (2) business days. This item will be maintained until the claim is decided. The maximum period to attend the claim will be fifteen (15) business days from the day following the date of its receipt. When it is not possible to address the claim within this period, 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 initial period.

  1. DATA COLLECTED BEFORE THE ISSUANCE OF DECREE 1377 OF 2013: Inaccordance with the provisions of paragraph 3 of Article 10 of Regulatory Decree 1377 of 2013 FB PROJECTS S.A.S will proceed to publish a notice through its official email addressed to the Data Subjects for the purpose of publicizing this policy of information processing and providing information about how to exercise their rights as Data Subjects with data stored in the databases of FB PROJECTS S.A.S.
  1. SECURITY MEASURES: In accordance with the security principle established in Law 1581 of 2012, FB PROJECTS S.A.S will adopt the technical, human and administrative measures that are necessary to provide security to the data, avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access. The staff who carry out the Processing of personal data will execute the established protocols in order to guarantee the security of the information.
  1. EFFECTIVE DATE: This Personal Data Policy was created on January 1, 2017 and is effective as of January 2, 2017. Any changes to this policy will be informed through the following email address: