Data Processing Policy – Electrónica Marítima ITEC

Objective

Establish the guidelines for application and compliance with Law 1581:2012, which aims to guarantee the protection of personal data that is the subject of ELECTRONICA MARITIMA ITEC SAS, in order to comply with the law on the rights of users. holders, criteria for collection, storage, use, circulation and deletion that will be given to personal data.

Scope

This policy will apply to all databases, both physical and digital, that contain personal data and that are subject to processing by ELECTRONICA MARITIMA ITEC SAS, considered responsible.

In compliance with the provisions contained in Law 1581 of 2012 and its Regulatory Decree 1377 of 2013, the commercial company ELECTRONICA MARITIMA ITEC S.A.S, describes in this document the treatment and purpose to which the personal data contained in our Databases will be submitted, the rights of the owners, the person responsible and the procedure to respond to queries or claims regarding the processing of personal data; Complaint being understood as the correction, update, elimination, deletion, revocation of authorization or when they notice the alleged breach of any of the duties contained in this regulation or in the law.

I. Identification

COMPANY NAME: ELECTRONICA MARITIMA ITEC S.A.S, is an entity of recognized suitability, with its main address in the city of Cartagena, governed by private law, with current legal status, identified with the Nit. 890401375, whose corporate purpose is the general exploitation of electrical and electronic engineering in commercial, industrial and naval activities.

Address: Barrio Bellavista Cra. 56 #7C-175 Warehouse 51 BLOC Port Logistics Center, Cartagena, Bolívar.
Email: protecciondedatos@itec.com.co
Telephone of the person in charge: (605) 6931980

II. Legal framework

Political Constitution, article 15.
Law 1581 of 2012.
Regulatory Decrees 1727 of 2009.
Partial Regulatory Decree 1377 of 2013.

III. Definitions

Authorization: Prior, express and informed consent of the owner to carry out the processing of personal data.
Privacy notice: Verbal or written communication generated by the commercial company ELECTRONICA MARITIMA ITEC S.A.S, addressed to the owner for the processing of their personal data, through which they are informed about the existence of the information processing policies that will be applicable to them. , the way to access them and the purposes of the treatment that is intended to be given to personal data.
Database: Organized set of personal data that is subject to processing.
Personal Data: Any piece of information linked to one or more specific or determinable persons or that can be associated with a natural or legal person.
Public Data: It is data that is not semi-private, private or sensitive. Public data are considered, among others, data relating to the marital status of people, their profession or trade and their status as a merchant or public servant. Due to its nature, public data may be contained, among others, in public records, public documents, official gazettes and bulletins, and duly executed judicial rulings that are not subject to confidentiality.
Sensitive Data: Sensitive data is understood to be data that affects the privacy of the owner or whose improper use may lead to discrimination, such as data that reveals racial or ethnic origin, political orientation, religious or philosophical convictions, membership in unions, social organizations, 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 related to health, sexual life, and biometric data.
Essential Data: These are understood as those personal data of the holders that are essential to carry out the economic activity of the organization. Data of an essential nature must be provided by their owners or those authorized to exercise these rights.
Processor: Natural or legal person, public or private, who, by themselves or in association with others, carries out the Processing of personal data on behalf of the commercial company ELECTRONICA MARITIMA ITEC S.A.S.
Data Protection Law: It is Law 1581 of 2012 and its regulatory Decrees or the rules that modify, complement or replace them.
Habeas Data: Right of any person to know, update and rectify the information that has been collected about them in the data bank and in files of public and private entities.
Responsible for the Treatment: Natural or legal person, public or private, who, by themselves or in association with others, decides on the database and/or Processing of the data.
Owner: Natural person whose personal data is the subject of Treatment.
Incumbent: Person who, by succession or transmission, acquires the rights of another person.
Treatment: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.
Transfer: The transfer of data takes place when the commercial company ELECTRONICA MARITIMA ITEC S.A.S and/or person in charge of processing personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is responsible for the processing and is located inside or outside the country.
Transmission: Processing of personal data that involves their communication within or outside the territory of the Republic of Colombia when its purpose is to carry out processing by the person in charge on behalf of the person responsible.

IV. Principles

In the development, interpretation and application of Law 1581 of 2012, which establishes general provisions for the protection of personal data and the rules that complement, modify or add to it, the following guiding principles will be applied in a harmonious and comprehensive manner:

a) Principle of legality: Data processing is a regulated activity that must be subject to the provisions of the law and the other provisions that develop it.

b) Principle of purpose: The treatment must obey a legitimate purpose in accordance with the Constitution and the Law, which must be informed to the owner.

Regarding the collection of personal data, the commercial company ELECTRONICA MARITIMA ITEC S.A.S will be limited to those data that are relevant and appropriate for the purpose for which they were collected or requested and the owner must be informed of the reason for which it is requested. the information and the specific use that will be given to it.

c) Principle of freedom: Treatment can only be carried out with the prior, express, and informed consent of the owner. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that requires consent.

d) Principle of truthfulness or quality: The information subject to processing must be truthful, complete, exact, updated, verifiable and understandable. The processing of partial, incomplete, fragmented or misleading data is prohibited.

e) Principle of transfer: In the treatment, the right of the owner to obtain from the commercial company ELECTRONICA MARITIMA ITEC S.A.S of the treatment or the person in charge of the treatment, at any time and without restrictions, information about the existence of data that concerns him or her must be guaranteed. .

f) Principle of restricted access and circulation: The processing is subject to the limits derived from the nature of the personal data, the provisions of the law and the Constitution. In this sense, the treatment can only be carried out by people authorized by the owner and/or by the people provided for by law. Personal data, except public information, may not be available on the Internet or other means of dissemination or mass communication, unless access is technically controllable to provide knowledge restricted only to the owners or third parties authorized in accordance with the law.

g) Security principle: The information subject to processing by the commercial company ELECTRONICA MARITIMA ITEC S.A.S, must be handled with the technical, human and administrative measures that are necessary to provide security to the records, preventing their adulteration, loss, consultation, use or unauthorized or fraudulent access.

h) Principle of confidentiality: The commercial company ELECTRONICA MARITIMA ITEC S.A.S is obliged to guarantee the confidentiality of the information, even after its relationship with any of the tasks included in the treatment has ended, and may only supply or communicate personal data when this is done. corresponds to the development of the activities authorized by law.

V. Rights that assist the owner of the information

The owner of the personal data will have the following rights:

a) Know, update and rectify your personal data before the commercial company ELECTRONICA MARITIMA ITEC S.A.S in its capacity as data controller. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or data whose processing is expressly prohibited or has not been authorized.

b) Request proof of the authorization granted to the commercial company ELECTRONICA MARITIMA ITEC S.A.S except when it is expressly excepted as a requirement for the treatment (cases in which authorization is not necessary).

c) Be informed by the commercial company ELECTRONICA MARITIMA ITEC S.A.S, upon request, regarding the use that has been given to your personal data.

d) Present 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) Revoke the authorization and/or request the deletion of the data when the Processing does not respect constitutional and legal principles, rights and guarantees.

f) Access free of charge to your personal data that has been processed.

VI. Rights of children and adolescents

In the Treatment, respect for the prevailing rights of children and adolescents will be ensured.

The Processing of personal data of children and adolescents is prohibited, except for data that is public in nature.

VII. Duties of ELECTRONICA MARITIMA ITEC

Under this policy for the treatment and protection of personal data, the following duties of the commercial company ELECTRONICA MARITIMA ITEC S.A.S are the following, without prejudice to the provisions provided for by law.

a) Guarantee the holder, at all times, the full and effective exercise of the right of habeas data.
b) Request and keep a copy of the respective authorization granted by the owner.
c) Duly inform the owner about the purpose of the collection and the rights granted to him by virtue of the authorization granted.
d) Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
e) Guarantee that the information is true, complete, accurate, updated, verifiable and understandable.
f) Update the information, thus addressing all the news regarding the owner’s data. Additionally, all necessary measures must be implemented so that the information is kept up to date.
g) Rectify the information when it is incorrect and communicate what is pertinent.
h) Respect the security and privacy conditions of the owner’s information.
i) Process queries and claims made in the terms established by law.
j) Identify when certain information is under discussion by the owner.
k) Inform at the request of the owner about the use given to their data.
l) Inform the data protection authority when violations of security codes occur and there are risks in the administration of the owners’ information.
m) Comply with the requirements and instructions issued by the Superintendence of Industry and Commerce on the particular topic.
n) Only use data whose processing is previously authorized in accordance with the provisions of Law 1581 of 2012.
o) The commercial company ELECTRONICA MARITIMA ITEC S.A.S will use the personal data of the owner only for those purposes for which it is duly authorized and respecting in all cases the current regulations on the protection of personal data.

VIII. The National Data Registry

The National Registry of Databases (RNBD) is the public directory of databases subject to Processing that operate in the country and will be administered by the Superintendence of Industry and Commerce and will be free for citizens to consult.

Once the National Government regulates the minimum information that the Registry must contain, and the terms and conditions under which they must be registered in it, the commercial company ELECTRONICA MARITIMA ITEC S.A.S will provide the Superintendence of Industry and Commerce with the databases subject to treatment in the indicated time.

IX. Authorizations and Consent of the owner

Without prejudice to the exceptions provided for in the Law, the processing of the owner’s personal data requires the owner’s prior and informed authorization, which must be obtained by any means that can be subject to subsequent consultation.

X. Means and Manifestation to grant the authorization of the owner

The commercial company ELECTRONICA MARITIMA ITEC S.A.S, in the terms provided in the Law, generated a notice in which the owners are informed that they can exercise their right to the processing of personal data through the page https://iteccolombia.com/en/home/, email protecciondedatos@itec.com.co and telephone number (605) 6931980

XI. Events in which the authorization of the owner of the personal data is not necessary

The authorization of the owner of the information will not be necessary in the following cases:

a) Information required by a public or administrative entity in the exercise of its legal functions or by court order.
b) Data of a public nature.
c) Cases of medical or health emergency.
d) Processing of information authorized by law for historical, statistical or scientific purposes. Data related to the Civil Registry of people.

XII. Legitimation for the exercise of the right of the owner

The rights of the owners established in the Law may be exercised by the following people:

a) By the owner, who must sufficiently prove his or her identity by the different means made available to him by the commercial company ELECTRONICA MARITIMA ITEC S.A.S.
b) By the successors of the owner, who must prove such quality.
c) By the representative and/or attorney-in-fact of the owner, after accreditation of the representation or power of attorney.
d) By stipulation in favor of another or for another.

The rights of children and adolescents will be exercised by the people who are empowered to represent them.

XIII. Treatment to which the data will be subjected and its purpose

The processing of essential personal data of workers and/or contractors, Suppliers will be framed in the legal order and will be all necessary to fulfill the organization’s objective.

In the case of sensitive personal data, it may be used and processed when:

a) The Owner has given explicit authorization to said Treatment, except in cases where the granting of said authorization is not required by law;
b) The Treatment is necessary to safeguard the vital interest of the Owner and the Owner is physically or legally incapacitated. In these events, the legal representatives must grant their authorization;
c) The Treatment is carried out in the course of legitimate activities and with due guarantees by a foundation, NGO, association or any other non-profit organization, whose purpose is political, philosophical, religious or union, provided that refer exclusively to its members or to people who maintain regular contacts due to their purpose. In these events, the data cannot be provided to third parties without the authorization of the Owner;
d) The Treatment refers to data that is necessary for the recognition, exercise or defense of a right in a judicial process;
e) The Treatment has a historical, statistical or scientific purpose. In this event, measures must be adopted leading to the deletion of the identity of the Holders.

The processing of personal data of children and adolescents is prohibited, except when it concerns data of a public nature, and when said processing meets the following parameters and/or requirements:

a) That they respond to and respect the best interests of children and adolescents.
b) That respect for their fundamental rights is ensured.

Once the above requirements have been met, the legal representative of the children or adolescents will grant authorization, after the minor has exercised his or her right to be heard, an opinion that will be valued taking into account maturity, autonomy and ability to understand the matter.

The commercial company ELECTRONICA MARITIMA ITEC S.A.S will ensure the appropriate use of the processing of personal data of children or adolescents.

XIV. Persons to whom information may be provided

The information that meets the conditions established by law may be provided to the following people:

a) To the owners, their successors (when those are missing) or their legal representatives.
b) To public or administrative entities in the exercise of their legal functions or by court order.
c) To third parties authorized by the owner or by law.

XV. Person or area responsible for handling requests, queries and complaints

The commercial company ELECTRONICA MARITIMA ITEC S.A.S has designated the administrative manager of those who manage the Personal Data of the Owners and professionals in Information Security as the area responsible for ensuring compliance with this policy within the company.

This agency will be attentive to resolve requests, queries and claims by the owners and to carry out any update, rectification and deletion of personal data, through email: protecciondedatos@itec.com.co

XVI. Procedure for handling queries, complaints and requests

a) Consultations

The Owners or their successors may consult the personal information of the Owner that resides at the headquarters of the commercial company ELECTRONICA MARITIMA ITEC S.A.S, who will provide all the information contained in the individual record or that is linked to the identification of the Owner.

The consultation will be formulated physically at the main headquarters located Barrio Bellavista Cra. 56 #7C-175 Warehouse 51, BLOC Port Logistics Center, Cartagena, Bolívar, or also to the means of email communication protecciondedatos@itec.com.co

The query will be answered within a maximum period of fifteen (15) business days from the date of receipt. When it is not possible to attend to the query within said term, the interested party will be informed, expressing the reasons for the delay and indicating the date on which their query will be attended to, which in no case may exceed fifteen (15) business days following the expiration of the first term.

b) Claims

The Owner or his successors who consider that the information contained in a database must be corrected, updated or deleted, or when they notice the alleged breach of any of the duties contained in the law, may file a claim with the commercial company. ELECTRONICA MARITIMA ITEC S.A.S which will be processed under the following rules:

The Owner’s claim will be made by means of a request addressed to the commercial company ELECTRONICA MARITIMA ITEC S.A.S, by email protecciondedatos@itec.com.co or at the main headquarters. With the identification of the Owner, the description of the facts that give rise to the claim, the address, and accompanying the documents that you want to assert.
If the claim is incomplete, the interested party will be required within five (5) days following receipt of the claim to correct the deficiencies. After two (2) months from the date of the request, without the applicant presenting the required information, it will be understood that the claim has been abandoned.
In the event that the person who receives the claim is not competent to resolve it, he or she will forward it to the appropriate person within a maximum period of five (5) business days and will inform the interested party of the situation.
Once the email protecciondedatos@itec.com.co or at the main headquarters is received with the complete claim, it will be cataloged with the label “claim in process” and the reason for it in a period of no more than five (5) business days. . This label will remain 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 said term, the interested party will be informed of the reasons for the delay and the date on which their claim will be addressed, which in no case may exceed fifteen (15) business days following the expiration of the first term.

c) Request for updating, rectification and deletion of data

The commercial company ELECTRONICA MARITIMA ITEC S.A.S will rectify and update, at the request of the owner, the information of the latter that turns out to be incomplete or inaccurate, in accordance with the procedure and terms indicated above, for which the owner will send the request to the email protecciondedatos@itec.com.co or at its physical headquarters, indicating the update, rectification and deletion of the data and will provide the documentation that supports your request.

d) Revocation of authorization and/or deletion of data

The owners of the personal data may revoke their consent to the processing of their personal data at any time, as long as it is not prevented by a legal or contractual provision. To this end, the commercial company ELECTRONICA MARITIMA ITEC S.A.S will make the email protection of data available to the email protecciondedatos@itec.com.co

If the respective legal term has expired, the commercial company ELECTRONICA MARITIMA ITEC S.A.S, as the case may be, has not deleted the personal data, the Owner will have the right to request the Superintendency of Industry and Commerce to order the revocation of the authorization and/or the deletion of personal data. For these purposes, the procedure described in article 22 of Law 1581 of 2012 will be applied.

XVII. International transfer and transmission of personal data

For the international transfer of personal data of the owners, the commercial company ELECTRONICA MARITIMA ITEC S.A.S, will take the necessary measures so that third parties are aware of and undertake to observe this Policy, under the understanding that the personal information they receive may only be used for matters directly related to the entity and only while it lasts and cannot be used or destined for a different purpose or purpose. For the international transfer of personal data, the provisions of article 26 of Law 1581 of 2012 will be observed.

International transmissions of personal data carried out by the commercial company ELECTRONICA MARITIMA ITEC S.A.S will not require the Owner to be informed nor have his consent when there is a contract for the transmission of personal data in accordance with article 25 of Decree 1377 of 2013.

By accepting this policy, the owner expressly authorizes the commercial company ELECTRONICA MARITIMA ITEC S.A.S, the processing and use of his or her personal information.