El Poblado SAData processing policy.

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INTRODUCTION

To comply with the provisions of Law 1581 of 2012 and its Regulatory Decree 1377 of 2013, EL POBLADO SA identified with NIT. 802018014-1, in its capacity as responsible for the processing of personal data collected through different marketing and contact channels, has implemented internal policies that guarantee the protection of stored personal data and which will apply to all Databases and / or Files that contain Personal Data that are subject to Treatment by EL POBLADO SA These policies came into effect on June 29, 2017 and any change will be duly notified.

II. RESPONSIBLE FOR TREATMENT AND AREA IN CHARGE

1. RESPONSIBLE EL POBLADO SA identified with NIT No. 802018014-1 legally represented by Manuel Benjamín García Turizo, has the following offices:

  • BARRANQUILLA - ATLÁNTICO - COLOMBIA Located in Carrera 49 # 75 - 83, telephone +57 60 (5) 3852827
  • PEREIRA - RISARALDA - COLOMBIA With address at Av. 30 de Agosto No 33 - 85, telephone +57 60 (6) 3292019.
  • BOGOTA DC - COLOMBIA With address at Calle 52 No. 72A - 29 Normandía, telephone +57 3183611954

The previous ones correspond to the current headquarters of EL POBLADO SA, in which case new headquarters are created, they can be consulted on the website www.elpobladosa.com

2. PROCESS IN CHARGE OF REQUESTS, CONSULTATIONS, COMPLAINTS AND CLAIMS: Before the process of Customer Service of EL POBLADO SA in the city of Barranquilla (Atlántico), the holders of the information may exercise the rights to know, update, rectify and delete information and revoke authorization.

3. PROCEDURE So that the holders of the information can exercise the rights to know, update, rectify and delete information and revoke the authorization, they may write to the email servicioalcliente@elpobladosa.com, in writing to our headquarters in the city of Barranquilla ( Atlántico - Colombia) or contact the phone + 57 60 (5) 3852827, customer service area. In any case, any EL POBLADO SA official may receive the requests submitted by the owners and send them to the Customer Service Coordinator.

3.1. INQUIRIES

The Holder or successor in title will request through a written communication, by email or by telephone, providing the necessary information to clarify the request, which must contain at least:

  • Full name and surname of the owner of the information.
  • Identity document number, address and telephone number to be able to carry out the respective notifications.
  • Clear and precise purpose of the request.
  • Reasons on which it relies.
  • List of documents that accompanies the petition (when applicable) In the communication, you must explain the reason for your request, in the case of a claim, a description of the facts that give rise to the claim and when it is necessary to send the supporting documents. The answer to the query will be given within a maximum term of 10 business days. If it is not possible in that term, the owner will be informed, and there will be 5 more business days.

3.2. CLAIMS

The owner or successor may file a claim with the Treatment Manager or the Treatment Manager:

1.The claim will be formulated by means of a request addressed to the Person in Charge of Treatment or the Person in Charge of Treatment, with the identification of the Holder, 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 after receiving the claim to correct the faults. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that the claim has been withdrawn. In the event that the person who receives the claim is not competent to resolve it, he / she will transfer it to the corresponding person within a maximum term of two (2) business days and will inform the interested party of the situation.

2.Once the complete claim is received, a legend that says “claim in process” and the reason for it will be included in the database, within a period of no more than two (2) business days. Said legend must be kept until the claim is decided.

3. The maximum term to attend the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to attend 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 eight (8) business days following the expiration of the first finished.

3.3. SUPPRESSION OF INFORMATION The request to suppress data will not be made if the owner has a legal or contractual duty to remain in the database. When appropriate, the use of personal data to develop the authorized purpose will be suspended.

III. DEFINITIONS

Contained in Law 1581 of 2012:

  • Authorization: Prior, express and informed consent of the Holder to carry out the Processing of personal data;
  • Database: Organized set of personal data that is subject to Treatment;
  • Personal data: Any information linked to or that may be associated with one or more specific or determinable natural persons;
  • Responsible for the Treatment: Natural or legal person, public or private, that by itself or in association with others, carries out the Treatment of personal data on behalf of the Person Responsible for the Treatment;
  • Responsible for the Treatment: Natural or legal person, public or private, that by itself or in association with others, decides on the database and / or the Treatment of the data, in this case EL POBLADO SA
  • Owner: Natural person whose personal data are subject to Treatment;
  • Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion. Contained in Decree 1377 of 2013:
  • Privacy notice: Verbal or written communication generated by the Responsible, directed to the Holder for the Treatment of their personal data, through which they are informed about the existence of the information Treatment policies that will be applicable, the way to access to the same and the purposes of the Treatment that is intended to give the personal data.
  • Public data: It is the data that is not semi-private, private or sensitive. Public data are considered, among others, data related to the marital status of people, their profession or trade and their status as a merchant or public servant. By its nature, public data may be contained, among others, in public registers, public documents, gazettes and official gazettes and duly executed judicial decisions that are not subject to reservation.
  • Sensitive data: Sensitive data is understood to be those that affect the privacy of the Holder or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, union membership, social or 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.
  • Transfer: The data transfer takes place when the Responsible and / or Person in Charge of the Treatment of personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is Responsible for the Treatment and is inside or outside from the country.
  • Transmission: Processing of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when it is intended to carry out a Treatment by the Person in Charge on behalf of the Responsible.

IV. GUIDING PRINCIPLES

Based on Law 1581 of 2012, EL POBLADO SA will process personal data in accordance with the following principles:

a) Principle of legality regarding data processing: The processing referred to by law is a regulated activity that must be subject to what is established in it and in 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 Holder;

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

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

e) Principle of transparency: In the Treatment, the right of the Holder to obtain from the Treatment Manager or the Treatment Manager, at any time and without restrictions, information about the existence of data concerning him or her must be guaranteed;

f) Principle of access and restricted circulation: Treatment is subject to the limits derived from the nature of the personal data, the provisions of this law and the Constitution. In this sense, the Treatment can only be done by persons authorized by the Holder and / or by the persons provided for in this 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 restricted knowledge only to the Holders or authorized third parties in accordance with this law;

g) Principle of security: The information subject to Treatment by the Treatment Manager or Person in Charge of Treatment referred to in this law, must be handled with the technical, human and administrative measures that are necessary to provide security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access;

h) Principle of confidentiality: All persons who intervene in the Processing of personal data that are not public are obliged to guarantee the reservation of the information, even after the end of their relationship with any of the tasks that the Treatment comprises, being able to only supply or communicate personal data when this corresponds to the development of the activities authorized in this law and in the terms of the same.

V. RIGHTS OF THE HOLDERS

The art. 8 of Law 1581 of 2012, establishes: Rights of the Holders. The Holder of the personal data will have the following rights.

a) Know, update and rectify your personal data in front of the Treatment Managers or Treatment Managers. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose Treatment is expressly prohibited or has not been authorized;

b) Request proof of the authorization granted to the Responsible for the Treatment except when expressly excepted as a requirement for the Treatment, in accordance with the provisions of article 10 of this law;

c) Be informed by the Treatment Manager or the Treatment Manager, upon request, regarding the use that has been given to your personal data;

d) Present before the Superintendency of Industry and Commerce complaints for infractions to the provisions of this law and the other regulations that modify, add or complement it;

e) Revoke the authorization and / or request the deletion of the data when in the Treatment the principles, rights and constitutional and legal guarantees are not respected. The revocation and / or deletion will proceed when the Superintendency of Industry and Commerce has determined that in the Treatment the Responsible or Person in Charge have incurred in conduct contrary to this law and the Constitution;

f) Free access to your personal data that have been subject to Treatment.

SAW. PROCESSING OF PERSONAL DATA

EL POBLADO SA, for the execution of its civil, commercial and labor contracts and for the proper development of its commercial activities, collects, stores, uses, circulates and deletes Personal Data corresponding to natural / legal persons with whom it has or has had a relationship.

Treatment of public data

EL POBLADO SA will treat the public data of the holders in accordance with the purpose for which said information is captured, taking the necessary measures to guarantee compliance with the respective legal principles and obligations. Sensitive data processing

EL POBLADO SA will only process sensitive personal data in those cases that are strictly necessary, notifying its holders of the optional nature of the provision of this information, for which it will request the prior and express authorization of the data owner and will inform them of the specific purpose of the Treatment .

EL POBLADO SA will use and process sensitive data when:

  1. The Treatment has been expressly authorized by the Owner of the sensitive data, except in cases where by law, the granting of said authorization is not required.
  2. The Treatment is necessary to safeguard the vital interest of the owner and he is physically or legally incapacitated. In these events, the legal representatives must grant authorization.
  3. The Treatment refers to data that are necessary for the recognition, exercise or defense of a right in a judicial process.
  4. The Treatment has a historical, statistical or scientific purpose or, within the framework of improvement processes; The latter, as long as the measures leading to the suppression of the identity of the Holders are adopted or the data is dissociated, that is, the sensitive data is separated from the identity of the holder and is not identifiable or the person cannot be identified. Owner of the data or sensitive data. Processing of data of minors

EL POBLADO SA will only process personal data of minors, when these are of a public nature or come from the information provided by employees or contractors, and are required for compliance with legal obligations by

CONSTRUCTORA EL POBLADO SA The Treatment of this type of personal data will be carried out in accordance with the law, as long as the following parameters and requirements are met:

  1. That responds and respects the best interests of children and adolescents.
  2. That the respect of their fundamental rights is ensured.

Once the above requirements have been fulfilled, EL POBLADO SA will demand from the legal representative or guardian of the child or adolescent, the authorization of the minor, prior to the minor giving his opinion regarding the Treatment that will be given to his data, an opinion that will be valued having taking into account the maturity, autonomy and capacity to understand the matter, as indicated by the Law.

EL POBLADO SA and any person involved in the Processing of the personal data of children and adolescents, will ensure the proper use of them and will comply with the respective legal regime.

VII. TYPES OF DATABASES  

1. OF CUSTOMERS:

EL POBLADO SA will collect, use, store, circulate (transfer to third parties), analyze, delete, data of a public and private nature of natural or legal persons. Which will be organized in manual / systematized databases. Clients: natural / legal persons with whom a contractual and / or commercial relationship is maintained in the development of the corporate purpose of EL POBLADO SA

1.1 PURPOSE

Fulfill the obligations contracted by EL POBLADO SA with its clients at the time of acquiring its products / services / projects; Sending / receiving text or verbal messages for commercial, customer service and / or collection management purposes; Send information about changes or modifications in projects; Send information about offers related to our products / services / projects offered by EL POBLADO SA; implement loyalty programs; implementation of collection or collection campaigns; evaluate the quality of our products and services; conduct satisfaction surveys on case closure; To improve, promote and develop your products / projects / services; calls for advertising purposes; Train vendors and agents in basic aspects of commercial management of the products / projects / services offered by EL POBLADO SA; Control access to EL POBLADO SA offices and establish security measures, including the establishment of video-monitored areas; Use the different services through the EL POBLADO SA websites, including content and format downloads; Allow companies linked to EL POBLADO SA, with which it has entered into contracts that include provisions to guarantee the security and proper treatment of the personal data processed, to contact the Holder with the purpose of offering goods or services of interest to them; For the determination of pending obligations, the consultation of financial information and credit history and the report to information centers of defaulted obligations with respect to its debtors; Transfer the information to financial entities with which EL POBLADO SA has an agreement so that customers interested in acquiring bank loans can learn about the products offered by said entities (in any case, these financial entities must have data protection policies in place and They will be obliged to protect the data in accordance with the protection policies of EL POBLADO SA; transfer to third parties in order to comply with contractual obligations; activities related to the ordinary course of business of EL POBLADO SA

1.2. TOOLS

EL POBLADO SA has a database of clients of each of its branches, headquarters or commercial establishments. Which are stored manually and systematically.

2. TELEMARKING

EL POBLADO SA will collect, use, store, circulate, analyze, delete, data of a public and private nature of natural or legal persons. Which will be organized in manual / systematized databases. TELEMERCADEO: It is the name given to natural / legal persons who express an interest in acquiring or receiving commercial information about the projects / services / products offered by EL POBLADO SA

2.1. PURPOSE

Sending / receiving text or verbal messages for commercial and customer service purposes; Send information about changes or modifications in projects; Send information about offers related to our products / services / projects offered by EL POBLADO SA; implement loyalty programs; implementation of collection or collection campaigns; evaluate the quality of our products and services; conduct satisfaction surveys on case closure; To improve, promote and develop your products / projects / services; calls for advertising purposes; Train vendors and agents in basic aspects of commercial management of the products / projects / services offered by EL POBLADO SA; Control access to EL POBLADO SA offices and establish security measures, including the establishment of video-monitored areas; Use the different services through the EL POBLADO SA websites, including content and format downloads; Activities related to the ordinary course of business of EL POBLADO SA

2.2. TOOLS

EL POBLADO SA has a database of natural / legal persons who express an interest in acquiring or receiving commercial information about the projects / services / products offered, from each of its branches, headquarters or commercial establishments. Which are stored manually and systematically.

3.PROVEEDORES, CONTRRATISTAS FREELANCER EL POBLADO SA will collect, use, store, circulate, analyze, delete, data of a public and private nature of natural or legal persons. Which will be organized in manual / systematized databases. SUPPLIERS: Natural / legal persons with whom there is a contractual and / or commercial link between EL POBLADO SA and the owner of the data and whose Treatment is intended to comply with contractual and legal obligations. FREE LANCE CONTRACTORS: Natural person, who provides services to EL POBLADO SA as an independent, in the commercial and / or sales area.

3.1. PURPOSES

3.1.1. SUPPLIERS

To invite them to participate in selection processes and events organized or sponsored by EL POBLADO SA; For the evaluation of the fulfillment of its obligations; To register in the EL POBLADO SA systems; To process your payments and verify outstanding balances; Administration of the information of the suppliers and contractors; Updating of the suppliers with whom it has a commercial relationship; Control the documentation for the registration of suppliers suitable to carry out an activity or execute a supply for EL POBLADO SA; Accounting, fiscal and administrative management in relation to the supplier base; Activities related to the ordinary course of business of EL POBLADO SA

3.1.2. FREELANCE CONTRACTORS

Personnel training, to advance the management of independent sales, payment of social security contributions, as well as to carry out activities related to the ordinary course of business of EL POBLADO SA

3.2. TOOLS

EL POBLADO SA has a database of freelance suppliers and contractors, of each of its branches, headquarters or commercial establishments. Which are stored manually and systematically.

4.CONVERTED, WORKERS, FORMER WORKERS, INTRANET

EL POBLADO SA will collect, use, store, circulate, analyze, delete, data of a public and private nature of natural or legal persons. Which will be organized in manual / systematized databases. CALLED / CANDIDATES: Natural persons who aspire to be employed by EL POBLADO SA These persons, in order to determine if they qualify for the profile of a position to be filled, are previously carried out a selection process to verify the quality of the information provided by the candidate and its authenticity and to store the data in order to be used in future selection processes. EMPLOYEES: Natural persons who are labor related to EL POBLADO SA of which private and public information, sensitive data and minors are incorporated. The processing of personal data for purposes other than the fulfillment of the obligations derived from the employment relationship will require prior authorization from the owner or his Legal Representative, as the case may be. In no case, EL POBLADO SA will treat sensitive data or data of minors without prior authorization. FORMER WORKER: Natural persons who were linked to EL POBLADO SA INTRANET: Private network contained within EL POBLADO SA where information about employees is shared and communicated.

4.1. PURPOSES

4.1.1. CALLED

Carry out a selection process for a vacancy and is limited to participation in it.

4.1.2. WORKERS

Manage the existing contractual relationship between the worker and the company, achieve adequate training of personnel, to advance the management of personnel, payroll, affiliations to entities of the general social security system, welfare and health activities at work, exercise of sanctioning power of the employer, prevention of occupational hazards, to achieve the promotion and management of employment; Manage and operate, directly or through third parties, the personnel selection and hiring processes, including the evaluation and qualification of the participants and the verification of work and personal references, and the performance of safety studies; Develop the activities of Human Talent; Make the necessary payments derived from the execution of the employment contract and / or its termination, and the other social benefits that may be applicable in accordance with the applicable law; • Contract employment benefits with third parties, such as life insurance, medical expenses, among others; Notify authorized contacts in case of emergencies during working hours or during the development of the same; Coordinate the professional development of employees, the access of employees to the employer's computer resources and provide support for their use; Plan business activities; Activities related to the ordinary course of business of EL POBLADO SA

4.1.3. FORMER WORKERS

To comply with Colombian or foreign law and the orders of judicial, administrative authorities or private entities in the exercise of public services; Issue certifications regarding the relationship of the data owner with the company; Statistical or historical purposes.

4.1.4. INTRANET

Creation, administration and use of users within the internal network of the company "INTRANET", made up of company employees; To send information on internal activities and events; As well as to carry out the activities related to the ordinary course of the company's business.

4.1.5. TOOLS EL POBLADO SA

It has a database of those called, employees, former employees and intranet, of each of its branches, headquarters or commercial establishments. Which are stored manually and systematically.

VIII. INFORMATION OBTAINED THROUGH THE WEB AND / OR SOCIAL NETWORKS

In order to advertise products and services, EL POBLADO SA has a profile on the social networks Facebook, Instagram and YouTube. The information obtained by these means or by the website www.elpobladosa.com will be stored in the "TELEMERCADEO" database, with the same treatment, purposes and tools applied to this type of database.

7.1. HARVEST

The owner who has a personal profile on the social networks Facebook, Instagram and Youtube and who decides to follow the official page created by EL POBLADO SA, may by these means provide EL POBLADO SA with personal information, for which he will authorize it. previously, clearly, expressly and voluntarily. For this, the user / owner / potential client will previously access the internal policies published on the website www.elpobladosa.com, as well as being able to configure their profile or user in the respective social network to guarantee their privacy. EL POBLADO SA will have access to the user's public information, especially their contact name. These data are only used within the social network itself. And they will not be stored in any database of EL POBLADO SA unless the owner so authorizes it.

7.2. ACTIONS

ACTIONS BY EL POBLADO SA:

  • Access to public information on the profile of the user who has decided to follow the EL POBLADO SA account in the respective official social networks.
  • Publication in the profile of the user / owner / potential client, of all that information already published on the page of EL POBLADO SA.
  • Respond to requests about the profile of the user / owner / potential client
  • Send group and individual messages through the channels of the social network.
  • Updates of the status of the page that will be published in the user's profile.
  • The user will always be able, individually and privately, to control their connections, eliminate the contents that no longer interest them and restrict with whom they share their connections, for this they must access their privacy settings.

7.3. PUBLICATIONS

Once the user has joined the EL POBLADO SA page, he may publish comments, links, images or photographs or any other type of multimedia content supported by the social network in the latter. To carry out this procedure, the user, in all cases, must be the owner of the same, enjoy the copyright and intellectual property rights or have the consent of the affected third parties. Any publication on the page, be it texts, graphics, photographs, videos, etc., is expressly prohibited. that violate or are likely to violate morality, ethics, good taste, and / or that infringe, violate or violate intellectual or industrial property rights, the right to the image or the Law. In these cases, EL POBLADO SA reserves the right to immediately withdraw the content, being able to request the permanent blocking of the user. EL POBLADO SA will not be responsible for the content that a user has freely published. But, the social network protocol and user service will be taken into account to manage these actions. The user must bear in mind that his publications will be known by other users, so he himself is the main responsible for their privacy. The images that may be published on the page will not be stored in any magnetic medium by EL POBLADO SA, but they will remain on the social network. It is reiterated that EL POBLADO SA will not require authorization to use any information considered public by law, or that the owner of the information has made public.

7.4. CONTESTS AND PROMOTIONS

EL POBLADO SA reserves the right to carry out contests and promotions, in which the user joined to its page may participate. The bases of each of them, when the platform of the social network is used for this, will be published in it. Always complying with current regulations and with any other applicable standard. The social network does not sponsor, endorse or administer, in any way, any of our promotions, nor is it associated with any of them.

7.5. PUBLICIDAD EL POBLADO SA will use the social network to advertise its products and services, in any case, if you decide to process your contact data to carry out direct commercial prospecting actions, it will always be in compliance with legal requirements. Recommending the page of EL POBLADO SA to other users so that they can also enjoy the promotions or be informed of their activity will not be considered advertising.

IX. APPLICABLE LEGISLATION
This Personal Data Protection Policy, the Privacy Notice, and the authorizations of, are governed by the Political Constitution of Colombia, Law 1581 of 2012, Decree 1377 of 2013, Decree 1727 of 2009 and other regulations that modify them, repeal or replace.

BRANCH OFFICES
BARANQUILLA (COL)
+57 60 (5) 385 2827

Cra. 49 No. 75 - 83

PEREIRA (COL)
+57 60 (6) 329 2019

Av. 30 de Agosto No. 33 - 85

BOGOTÁ (COL)
+57 318 3611954

Calle 52 No. 72A - 29

SALES ROOMS
CARTAGENA (COL)
+57 317 6573736

Av San Martín # 7-159 Local 4

CARMEN DE APICALÁ, TOLIMA (COL)
+57 310 8622880

Calle 1 No 13 – 05 locales 1 y 2, Hotel Kubala

POBLADO CAMPESTRE LAGOMAR
+57 314 5718045

30 km from Barranquilla on the "La Cordialidad" road

RESERVA CAMPESTRE VELAMAR
+57 314 5718045

Just 28 km from Barranquilla in the Puerto Velero sector.

POBLADO CAMPESTRE ALTOS DEL MAR
+57 317 6573736

Km 55 on the road to the sea, 40 minutes from Cartagena and 45 minutes from Barranquilla.

AGENCIES
MEDELLÍN (COL)
+57 60 (4) 322 0264

Circular 76 No. 38-9

IBAGUÉ (COL)

Isla 13 of the La Estación shopping center.

MANIZALES (COL)
+57 60 (6) 891 8467

Calle 65 No. 23B - 105

MADRID (ESP)
+34 911 389954

Calle del General Ricardos
69 CP 28019 Madrid

About El Poblado
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BRANCH OFFICES
Barranquilla

Cra. 49 No. 75 - 83

PEREIRA (COL)

Av. 30 de Agosto No. 33 - 85

BOGOTÁ (COL)

Calle 52 No. 72A - 29

SALES ROOM
CARTAGENA (COL)

Av San Martín # 7-159 Local 4

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® 2021 El Poblado SA

® 2021 El Poblado SA

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