INTRODUCTION

The Political Constitution of Colombia established in article 15 the right to protection of personal data as the right of every person to know, update, rectify and/or cancel the information and personal data that have been collected and/or processed in public or private databases.

Through Law 1581 of October 17, 2012, the Congress of the Republic regulated the aforementioned right by establishing the General Provisions for the Protection of Personal Data in Colombia, also regulated by Decrees 1377 of 2013 and 886 of 2014 (today incorporated in Single Decree 1074 of 2015), among others.

In compliance with the previous provisions, MARKALA INVESMEN S.A.S, aware of the responsibility that assists them in matters of Processing of Personal Data of the owners, guarantees the constitutional right that all people have to know, update, rectify, delete and revoke the authorization regarding to the information that has been collected about them in the databases that the entity has compiled for the purposes provided for in the Law and the respective authorizations, which have been treated in accordance with the provisions of the national personal data protection regime.

For these purposes, MARKALA INVESMEN S.A.S has prepared this POLICY FOR THE PROCESSING OF PERSONAL DATA, the application of which is mandatory for all natural or legal persons who process personal data registered in the databases of MARKALA INVESMEN S.A.S, with the purpose of in order to provide the necessary guidelines for compliance with legal obligations regarding the protection of personal data.

MARKALA INVESMEN S.A.S, is permitted to inform all interested parties that the personal data obtained by virtue of the operations requested or celebrated with the company, will be treated in accordance with the principles and duties defined in law 1581 of 2012 and other regulations. that deal with and regulate this matter. For all pertinent purposes, the address of MARKALA INVESMEN S.A.S will be Carrera 69B 32 32 in the city of Medellín, telephone numbers 3122103562 – 3122592934, email: futuros.inversiones.sas@gmail.com and Pending page URL sent by client

OBJECT

The purpose of this Policy is to provide the necessary and sufficient information to the different interest groups, as well as to establish the guidelines that guarantee the protection of personal data that are subject to personal data processing through the procedures of MARKALA INVESMEN S.A.S, in this way, to comply with the law, policies and procedures for attention to the rights of the owners, criteria for collection, storage, use, circulation and deletion that will be given to personal data. The guidelines that make up this policy apply to all processes (internal/external) and platforms (servers, web portals, operating systems, databases and applications) that handle personal information of clients, corporate and non-corporate, and the different dedicated channels. to your attention, as well as to its employees and suppliers, who are also responsible for implementing their own procedures in order to comply with the established policies.

DEFINITIONS

• Authorization: Prior, express and informed consent of the data owner to carry out the processing of personal data.
• Database: Organized set of personal data that is subject to Processing.
• Collaborator or employee: It is any natural person who has a direct employment relationship with MARKALA INVESMEN S.A.S.
• Personal data: Any information linked or that can be associated with one or more specific or determinable natural persons.
• Processor: Natural or legal person, public or private, who, by themselves or in association with others, processes personal data on behalf of the person responsible for the treatment.
• Supplier: Any legal or natural person who provides any type of service to MARKALA INVESMEN S.A.S
• Responsible for the treatment: Natural or legal person, public or private, who alone or in association with others, decides on the database and/or the processing of data.
• Processing of personal data: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.
• Data Owner: Natural person whose personal data is processed

RECIPIENTS

This policy will apply to all databases, both physical and digital, that contain personal data and that are subject to Treatment by MARKALA INVESMEN S.A.S, considered responsible. Likewise, in those cases in which they operate as those in charge of processing personal data. The policy is aimed at ensuring that clients have at their disposal the necessary and sufficient information about the different treatments and purposes to which their data will be subject, as well as the rights that they, as owners of personal data, can exercise against MARKALA INVESMEN S.A.S. when it has the role of person responsible for the processing of your personal data. This policy is mandatory for everyone to know and comply with for all natural or legal persons responsible for the administration of personal databases of MARKALA INVESMEN S.A.S, especially the administrators of database management within the company and for those employees. and contractors who receive, attend to and respond directly or indirectly to requests (queries or claims) for information related to the personal data protection law.

6. REACH

• Provide expeditious and legal processing to the different requests and claims made by the Information Holders, as well as by their successors in title or another person who has due authorization.

• Comply with the requirements of current regulations on the Protection of Personal Data, as well as any requirement arising from the principle of demonstrated responsibility.

• Provide due protection to the interests and needs of the owners of the Personal Information processed by MARKALA INVESMEN S.A.S.

7. SPECIAL AUTHORIZATION OF SENSITIVE PERSONAL DATA

 MARKALA INVESMEN S.A.S will inform all its holders through the various means of obtaining authorization that, by virtue of Law 1581 of 2012 and regulatory standards, they are not required to grant authorization for the processing of sensitive data.

8. TREATMENT AND PURPOSE

In accordance with the provisions of Law 1581 of 2012 and in accordance with the authorizations given by the owners of the information, MARKALA INVESMEN S.A.S will carry out operations or a set of operations that include data collection, its storage, use, circulation and/or deletion. . This data processing will be carried out exclusively for the purposes authorized and provided for in this Policy and in the specific authorizations granted by the owner. In the same way, Personal Data Processing will be carried out when there is a legal or contractual obligation to do so, always under the guidelines of the Information Security policies.

9. TRANSFER AND TRANSMISSION OF DATA PERSONAL

MARKALA INVESMEN S.A.S may transfer and transmit personal data to third parties with whom it has an operational relationship that provide services necessary for its proper operation, or in accordance with the functions established by law. In such cases, the necessary measures will be adopted so that the people who have access to your personal data comply with this Policy and with the principles of personal data protection and obligations established in the Law.

In any case, when MARKALA INVESMEN S.A.S transmits the data to one or more managers located inside or outside its company, in the territory of the Republic of Colombia and its branch in the UNITED STATES (+1 786 262587716239 SW 90 Ter Miami FL 33196) , will establish contractual clauses or will enter into a contract for the transmission of personal data in which it will indicate:

• Scope of treatment,
• The activities that the processor will carry out on behalf of the person responsible for the processing of personal data and the obligations of the Processor towards the owner and the person responsible.

Through this contract, the Processor will undertake to apply the obligations of the person responsible under the information processing policy established by him and to carry out the processing of data in accordance with the purpose that the Owners have authorized and with the applicable laws in force.

In addition to the obligations imposed by applicable regulations within the mentioned contract, the following obligations must be included at the top of the respective manager:

• Treatment, on behalf of the person responsible, of personal data in accordance with the principles that protect them.
• Safeguard the security of databases containing personal data.
• Maintain confidentiality regarding the processing of personal data.

In case of transfer, the obligations will be fulfilled stipulated in Law 1581 of 2012 and regulatory standards.

 

10. GENERAL POLICIES AND GUIDELINES:

To comply with Statutory Law 1581 of October 17, 2012, and other regulations that modify, add, complement or regulate it, MARKALA INVESMEN S.A.S has different processes and guidelines for the management of information from current and potential clients, suppliers, collaborators. and other interest groups, to which reference is made in this policy. MARKALA INVESMEN S.A.S may collect, use, transfer, transmit, store, process or delete personal data for the following purposes:

• Adequate provision of services in E-COMMERCE:
  includes all activities aimed at offering the products of MARKALA INVESMEN S.A.S. online stock updates, taking orders through the shopping cart, billing and shipping; as well as service improvements through customer service, creation of databases, analysis of information and data, creation of key performance indicators of E-commerce, billing, security, quality control and, in general, all essential information to comply with our compliance policy, regulations and applicable current regulations.
• Commercial Purposes of MARKALA INVESMEN S.A.S:
  includes any activity aimed at presenting offers, promotions, products, advertisements, advertising, opportunities, raffles, campaigns, loyalty programs, loyalty, customer retention and, in general, information on new products, already requested or contracted, or that may be of interest to clients and users.
• Relationship with audiences of interest: It includes all activities aimed at managing relationships with shareholders, authorities and the community in general, in accordance with the current legal framework, in the development of business management for the adequate fulfillment of the corporate purpose.
• Legal purposes: includes any processing justified by the need to comply with the applicable legal requirements, such as meeting a request for return, guarantee or request from a public or administrative entity in the exercise of its functions, or from a judicial authority, or to protect the rights, property or safety of MARKALA INVESMEN S.A.S, the safety of our clients, employees and the general public, or the delivery of data in cases of medical or health emergency.

Eventually the company may establish other purposes for the

processing of personal data, and for this, you must have the
prior, express, consented and informed authorization of the owner for its
corresponding treatment. The person responsible for the implementation of the
Data Protection Policy at MARKALA INVESMEN S.A.S is the
data protection officer

 

11. CUSTOMERS - collection and use of collected data

In order to offer our clients our products, as well as allow access to our portal, MARKALA INVESMEN S.A.S may collect the following personal data from its clients:

• Registration information: name, ID, telephone number, email address, payment information, billing and product shipping address; information about the use of the portal: the network address and operating system of the computer used, type of browser, the website from which the customer linked to our portal, activity on our portal, as well as viewing history , the time and date on which the customer visited the portal and purchased products; information about the client's location.

MARKALA INVESMEN S.A.S will inform its clients, data owners, about the processing it will do of their personal data and its purpose, and will obtain their prior, express and informed authorization for the respective purpose as described in the previous section. Those in charge of processing will act in the same way, from whom MARKALA INVESMEN S.A.S will require compliance with the necessary technical, human and administrative security measures and current regulations on data protection.

The processing of the data will be done based on the client's authorization and taking into account its need, purpose and temporality.

 

• How do we collect data from our customers?

Through purchases made through our E-commerce, the customer provides personal information that allows us to identify them.

• With whom do we share our customers' data?

In accordance with current regulations and through the implementation of secure means, MARKALA INVESMEN S.A.S may transfer customer data to third party suppliers that connect the purchase, billing and shipping of products from E-COMMERCE, in the event of a merger, acquisition, sale of company assets or transition of the service to another provider as long as there is express and unequivocal authorization from the owner of said data. Likewise, MARKALA INVESMEN S.A.S may deliver clients' personal data whenever there is a written order from a competent judicial authority.

12.COLABORATORS- use of the data provided

The Company, as an employer and by mandate of labor legislation and conventional agreements, must have personal information about its employees. To fulfill labor obligations, the Company has information and data related to employee identification, employment exams, academic training, work experience, home address, beneficiaries, salary, pension funds, severance pay, professional risks, compensation fund, insurance. life and accident insurance, bank account for the payment of emoluments arising from the employment relationship; affiliations to external entities (employee funds, unions, financial and service agreements, among others) that the employee has voluntarily requested and authorizes discounts or direct payments through the payroll, to facilitate their relationships, prior to the existence of agreements between those third parties and the Company. The indicated information will be reported to national and local entities and authorities when so provided by legal mandate.
Employees may consult the personal information that rests on them in the databases of MARKALA INVESMEN S.A.S, as well as the rights derived from the processing of their information, through the internal channels provided for this purpose by the human management management of MARKALA. INVESMEN S.A.S.

13. OTHER INTEREST GROUPS - use of collected data

The processing of the information of any interest group will be done in accordance with the rules that regulate the matter, in conjunction with the internal guidelines of the Company, and will be used in accordance with the purposes of the relationship that exists in each case. .

14.RIGHT OF INFORMATION OWNERS

The owners of the data will have the rights established in Law 1581 of 2012, in decrees 1377 of 2013, 886 of 2014 and in the regulations that modify, add, complement, regulate or replace it, related to: i) know, update and rectify your data; ii) request proof of the authorization granted for the processing of the data iii) be informed about the use that is given to your data iv) revoke the authorization and/or request the deletion of the data v) access your data for free data and (vi) present complaints to the Superintendency of Industry and Commerce for violation of the regulations on the matter.

15.INQUIRIES AND COMPLAINTS

The owners of the data, or their successors, may consult the personal information held by MARKALA INVESMEN S.A.S. Queries will be answered within a maximum period of 10 business days following their presentation, unless there is room for their extension in the terms of the law.

Likewise, the owners of the data or their successors may file claims when they consider that the information contained in the databases must be corrected, updated or deleted, or there is a breach by MARKALA INVESMEN S.A.S of the duties established in the standard. .

The maximum term to address the claim will be 15 business days from receipt of the claim. The request must identify: the owner of the data, the description of the facts that give rise to the claim, the contact information, and accompany the documents that you want to assert. These queries and complaints will be attended to, and to resolve them, you will have the support of the different areas of the organization.

In accordance with the provisions of Article 10 of Law 1581 of 2012, when personal information is required by a public or administrative entity in the exercise of its functions, the Company has the obligation to deliver it without authorization from the user.

To exercise their rights, data owners have the following service channels:

• Main headquarters Carrera 69B 32-32 Medellín – Antioquia
• Customer service website www.driox.com.co
• Help lines 3122103562 - 3122592934
• Email: futuros.inversiones.sas@gmail.com

16. PRIVACY NOTICE AND INFORMATION COLLECTION

The personal data that MARKALA INVESMEN S.A.S requests will be used for the following purposes:

• Create order and billing based on requests made in E-COMMERCE
• Customer recognition
• Sending offers
• Call for events
• Order delivery
• Processing guarantees, money back
• Processing of requests, complaints or claims.
• Service rating
• Statistical purposes.

As the owner of information, you have the right to know, update and rectify your personal data and, only in cases where appropriate, to delete it or revoke the authorization granted for its processing.

If you require more information to know our personal data processing policy and any substantial changes that may occur in it.

If you wish to submit a query, claim or request for information related to the protection of personal data, you can enter the PQR section on our website or call 3122103562-3122592934, or at the Headquarters, Carrera 69b 32 32 Medellín – Antioquia can also send an email to reservas.inversiones.sas@gmail.com

17. RIGHTS AND LEGAL CONDITIONS FOR DATA PROCESSING

RIGHTS OF THE OWNERS
In the Processing of Personal Data by MARKALA INVESMEN S.A.S, the rights of the owners of Personal Data will be respected at all times, who are:

a) Know, update and rectify the Data before him or the Data Processors.
b) Request proof of the authorization granted, or any other authorization signed by the owner of the Personal Data for this purpose, except when expressly excepted as a requirement for the Processing of data in accordance with the law.
c) Be informed by the Entity or the Data Processor, upon request, regarding the use that has been given to the data.
d) Submit complaints to the Competent Authority for violations of the provisions of the law and other regulations that modify, replace or add to 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. The revocation and/or deletion will proceed when the Competent Authority has determined that, in the Processing of MARKALA INVESMEN S.A.S or those in charge of the Processing of Personal Data, they have engaged in conduct contrary to the law and the Constitution. The revocation will proceed as long as there is no legal or contractual obligation to retain the personal data.
f) Access free of charge to Personal Data that has been processed.

• AUTHORIZATION OF THE OWNER

Without prejudice to the exceptions provided for in the law, the Treatment requires the prior and informed authorization of the Owner, which must be obtained by any means that can be subject to subsequent consultation. It will be understood that the authorization meets these requirements when it is expressed (i) in writing, (ii) orally or (iii) through unequivocal conduct of the owner that allows it to be reasonably concluded that the authorization was granted.

18.GENERAL ACTIONS FOR THE PROTECTION OF PERSONAL DATA

Below, the general guidelines applied by MARKALA INVESMEN S.A.S are established in order to comply with its obligations in compliance with the principles for the management of personal data.

These guidelines are complementary to the policies, procedures or general instructions currently existing and implemented, among which are the data and information management policies and the data and information management procedure and at no time are they intended to replace or ignore them.

•  INFORMATION PROCESSING

All members of the company, when carrying out the activities of their position, will assume the responsibilities and obligations that arise in the proper management of personal information, from its collection, storage, use, circulation and until its final disposal.

• USE OF INFORMATION

The personal information contained in the databases must be used and treated in accordance with the purposes described in section 8 of this policy. In the event that any area identifies new uses different from those described in this personal data processing policy, it must inform the Personal Data Protection Officer, who will evaluate and manage, when applicable, its inclusion in this policy.

Likewise, the following assumptions must be taken into consideration:

to. In the event that an area different from the one that initially collected the personal data requires the use of the personal data that has been obtained, this may be done as long as it is a foreseeable use due to the type of services offered by the Entity and for a purpose. contemplated within this Personal Data Processing Policy.

b. Each area must ensure that physical document recycling practices do not disclose confidential information or personal data. Due to the above, resumes, academic titles, academic or employment certifications, results of medical examinations or any document that contains information that allows a person to be identified cannot be recycled.

c. In the event that a processor has provided personal data or databases to any area for a specific purpose, the area that requested the personal data must not use said information for a purpose other than that listed in the Personal Data Processing Policy; At the end of the activity, it is the duty of the area that requested the information to delete the database or personal data used, avoiding the risk of information being out of date or cases in which during that time an owner has submitted a claim.

d. Employees will not be able to make decisions that have a significant impact on personal information, or that have legal implications, based exclusively on the information provided by the information system, so they must validate the information through other physical or electronic instruments. manually, and, if necessary, directly by the data owner, in cases where it is necessary.

and. Only authorized employees and contractors can enter, modify or delete the data contained in the databases or documents subject to protection. User access permissions are granted by the Technology and Information Technology Office, according to the established profiles, which will be previously defined by the leaders of the processes where the use of personal information is required.

F. Any use of the information other than that established will be previously consulted with the Personal Data Protection Officer.

19.INFORMATION SECURITY

The customer service department is responsible for coordinating and leading the security of the organization's information, including the personal data of data subjects, promoting and monitoring compliance with security standards, guidelines and procedures, which are are duly defined within the information security policy and manual.

20. PUBLICATION OF THE POLICY

This policy is effective as of its approval date, according to the "version history" at the end of the document and will be published on the website. In the event that the policy is substantially modified, MARKALA INVESMEN S.A.S will publish said changes on its website.

21. COMPANY CONTACT DATA

• Main headquarters Carrera 69B 32 -32 Medellín – Antioquia
• Customer service website www.driox.com.co
• Help lines 3122103562-3122592934
• Email: futuros.inversiones.sas@gmail.com

22. AREA RESPONSIBLE FOR ATTENTION TO REQUESTS, CONSULTATIONS AND COMPLAINTS

Requests, queries and claims made by the owners of Personal Data under Processing by MARKALA INVESMEN S.A.S to exercise their rights to know, update, rectify and delete data, or revoke authorization must be directed to:

• Carrera 69b 32 32 Medellín Antioquia.
• Telephones: 3122103562 - 3122592934
• Email: Futures.inversiones.sas@gmail.com
• Website: www.driox.com.co

23. PROCEDURE TO ADDRESS THE RIGHTS OF THE OWNERS

Holders of Personal Data, regardless of the type of connection they have with MARKALA INVESMEN S.A.S, can exercise their rights to know, update, rectify and delete information and/or revoke the authorization granted.

a) Correction or Update: MARKALA INVESMEN S.A.S and/or the Processors will guarantee to the holders of personal data contained in their databases or their successors, the right to correct or update the personal data that resides in their databases, through presentation of a claim, when they consider that the parameters established by law or those indicated in this Personal Data Processing Policy are met for the Correction or Update request to be appropriate.

b) Revocation of the authorization or Deletion of Personal data: MARKALA INVESMEN S.A.S and/or the Managers, will guarantee to the holders of personal data contained in their databases or their successors, the right to Request Revocation of the authorization or request the deletion of the information contained in your individual record or all that is linked to your identification when they consider that the parameters established by law or those indicated in this Personal Data Processing Policy are met. Likewise, the right to file complaints is guaranteed when they notice the alleged non-compliance with Law 1581 of 2012 or this Personal Data Processing Policy.
Any substantial change in the personal data processing policies will be communicated in a timely manner to the data owners through the usual means of contact and/or through the website:

www.driox.com.co

For holders who do not have access to electronic means or those who cannot be contacted, communication will be made through open notices at the company's headquarters.

24. VERSION HISTORY

This policy has a summarized version that can be consulted here, in compliance with the provisions of Law 1582 of 2012, regulatory decrees and other concordant and current regulations.