Privacy policy and personal data treatment

TECAM – Tecnología Ambiental S.A.
PERSONAL DATA PROCESSING POLICY

Below you will learn about TECAM S.A.’s privacy policy and personal data treatment.
Company name: TECAM – Tecnología Ambiental S.A.
NIT: 900 013 663-4
Address: Calle 55 No. 7N – 06, Cali – Colombia
Telephone: (2)4471717
E-mail: admin@tecam-sa.com
Website: www.tecam-sa.com

LEGAL REGULATIONS AND SCOPE OF APPLICATION

The present Personal Data Treatment Policy is prepared in accordance with the provisions of the Political Constitution of the Republic of Colombia, Law 1581 of 2012, the Regulatory Decree 1377 of 2013, and other complementary provisions and will be applied by TECAM – Tecnología Ambiental S.A. regarding the collection, storage, use, circulation, suppression, and all activities that constitute treatment of personal data.

2. DEFINITIONS

For the purposes of this policy and in accordance with legal regulations, the following definitions shall apply:

1. a) Authorization: Prior, express, and informed consent of the Data Subject to carry out the Processing of personal data;
2. b) Privacy Notice: A physical, electronic, or any other format generated by the Controller that is made available to the Data Subject for the processing of his/her personal data. The Privacy Notice communicates the information regarding the existence of the information processing policies that will be applicable to the Data Subject, the way to access them and the purpose of the processing that is intended to be given to their personal data;
3. c) Database: Organized set of personal data that is the object of Processing;
4. d) Personal data: Any information linked or that may be associated to one or several determined or determinable natural persons;
5. e) Public data: It is the data qualified as such according to the provisions of the law or the Political Constitution and that which is not semi-private, private, or sensitive. Public data includes, among others, data related 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 reservation whatsoever. By their nature, public data may be contained, among others, in public records, public documents, gazettes and official bulletins;
6. f) Private data: Data that, due to its intimate or reserved nature, is only relevant to the owner;
7. g) Sensitive data: Sensitive data is understood as that which affects the privacy of the Data Subject and its improper use may generate discrimination, such as data that reveals racial or ethnic origin, political orientation, religious or philosophical convictions, membership in trade unions, social organizations, human rights organizations, or that promotes the interests of any political party or that guarantees the rights and warranties of opposition political parties, as well as data related to health, sexual life, and biometric data;
8. h) Data Processor: Natural or legal person, public, private, or mixed, that by itself or in association with others, carries out the Processing of personal data on behalf of the Data Controller;
9. i) Data Controller: Natural or legal person, public, private, or mixed, that by itself or in association with others, decides on the database and/or the processing of the data;
10. j) Data Subject: Natural person whose personal data is the object of Processing;
11. k) Processing: Any operation or set of operations on personal data, such as the collection, storage, use, circulation, or deletion thereof.

3. PURPOSE FOR WHICH THE COLLECTION OF PERSONAL DATA AND ITS PROCESSING IS CARRIED OUT

TECAM – Tecnología Ambiental S.A. may use personal data to:

1. a) Execute the existing contractual relationship with its customers, suppliers, and employees, including the payment of contractual obligations;
2. b) To provide the services and/or products required by its users;
3. c) To inform about new products or services and/or changes in the same;
4. d) Evaluate the quality of the service;
5. e) Conduct internal studies on consumption habits;
6. f) Send commercial, advertising, or promotional information about products and/or services, events and/or promotions of commercial or non-commercial nature to physical mail, electronic mail, cellular or mobile device, text messages (SMS and/or MMS), or any other analog and/or digital means of communication created or to be created, in order to promote, invite, direct, execute, inform, and in general, carry out campaigns, promotions, or contests of commercial or non-commercial nature, carried out by TECAM – Tecnología Ambiental S.A. and/or by third parties;
7. g) To develop the process of selection, evaluation, and employment;
8. h) Support internal or external audit processes;
9. i) To register the information of employees and/or retirees (active and inactive) in the TECAM – Tecnología Ambiental S.A. databases:
10. j) Those indicated in the authorization granted by the data owner or described in the respective privacy notice, as the case may be;
11. k) To supply, share, send or deliver your personal data to subsidiary, related, or subordinate companies of TECAM – Tecnología Ambiental S.A. located in the Republic of Colombia or any other country if such companies require the information for the purposes indicated herein.

Regarding data collected directly at security points, taken from documents provided by persons to security personnel and obtained from video recordings made inside or outside TECAM – Tecnología Ambiental S.A. facilities, these will be used for security purposes of persons, goods, and facilities of TECAM – Tecnología Ambiental S.A. and may be used as evidence in any type of process.

If personal data is provided, such information will be used only for the purposes stated herein, and therefore, TECAM – Tecnología Ambiental S.A. will not proceed to sell, license, transmit, or disclose the same, unless: (i) there is express authorization to do so; (ii) it is necessary to allow contractors or agents to render the services entrusted; (iii) it is necessary in order to provide our services and/or products; (iv) it is necessary to disclose it to entities that render marketing services on behalf of TECAM – Tecnología Ambiental S. A. or other entities we have joint marketing agreements with; (v) the information is related to a merger, consolidation, acquisition, divestiture, or other corporate restructuring process; (vi) it is required or permitted by law. TECAM – Tecnología Ambiental S.A. may subcontract to third parties for the processing of certain functions or information. When effectively subcontracting with third parties for the processing of personal information or providing personal information to third party service providers, TECAM – Tecnología Ambiental S.A. warns such third parties of the need to protect such personal information with appropriate security measures, prohibits the use of the information for its own purposes, and requests that the personal information not be disclosed to others.

4. PRINCIPLES APPLICABLE TO THE PROCESSING OF PERSONAL DATA

The treatment of personal data in TECAM – Tecnología Ambiental S.A. shall be governed by the following principles:

1. a) Principle of purpose: The processing of personal data collected must obey a legitimate purpose, which must be informed to the Data Subject;
2. b) 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 mandate that relieves consent;
3. c) Principle of truthfulness or quality: The information subject to processing must be truthful, complete, accurate, updated, verifiable, and understandable. Partial, incomplete, fractioned, or misleading data will not be processed;
4. d) Principle of transparency: The right of the Data Subject to obtain from TECAM – Tecnología Ambiental S.A., at any time and without restrictions, information about the existence of data concerning them, must be guaranteed in the Processing;
5. e) Principle of restricted access and circulation: Processing is subject to the limits derived from 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 owner of the data, 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 Owners or authorized third parties;
6. f) Principle of security: The information subject to processing by TRS PARTES S.A. shall be protected using 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;
7. g) Principle of confidentiality: All persons involved in the Processing of personal data are subjected 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: If sensitive personal data is collected, the Data Subject may refuse to authorize its Processing.

5. RIGHTS OF THE OWNERS OF PERSONAL DATA SUBJECT TO TREATMENT BY TECAM – Tecnología Ambiental S.A.

The holders of personal data by themselves or through their representative and/or proxy or their successor in title may exercise the following rights with respect to the personal data that are processed by TECAM – Tecnología Ambiental S.A.:

1. a) Right of access: By virtue of which you may access the personal data under the control of TECAM – Tecnología Ambiental S.A., for the purpose of consulting them free of charge at least once every calendar month, and every time there are substantial modifications to the Information Processing Policies that motivate new consultations;
2. b) Right to update, rectify, and delete: By virtue of which you may request to update, rectify and/or delete personal data being processed, in such a way that the purposes of the processing are satisfied;
3. 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;
4. d) The right to be informed about the use of personal data;
5. e) Right to file complaints before the Superintendence of Industry and Commerce: for violations to the provisions of the current regulations on personal data processing;
6. f) The right to require compliance with the orders issued by the Superintendence of Industry and Commerce. FIRST PARAGRAPH: For the purposes of exercising the rights described above, both the holder and the person representing him/her must prove their identity and, if applicable, the capacity by virtue of which he/she represents the holder. SECOND PARAGRAPH: The rights of minors shall be exercised through the persons empowered to represent them.

6. DUTIES OF TECAM – Tecnología Ambiental S.A.

All those subject to comply with this policy must bear in mind that TECAM – Tecnología Ambiental S.A. must comply with the duties imposed by law. Consequently, the following obligations shall be complied with:

1. Duties when acting as responsible party: (i) Request and keep, under the conditions set forth 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 granted by virtue of the authorization granted. (iii) Inform at the request of the holder about the use given to their personal data (iv) Process queries and claims made under the terms set forth in this policy (v) Ensure that the principles of truthfulness, quality, security, and confidentiality in the terms set forth in the following policy are met (vi) Keep 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 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) working days from its receipt. (vi) Process the queries and claims made by the data owners under the terms set forth in this policy. (vii) Register the legend code “claim in process” in the database, as established in this policy. (vii) Insert the legend code “information under judicial discussion” in the database once notified by the competent authority about judicial proceedings related to the quality of the personal data. (ix) Refrain from circulating information that is being disputed by the owner and whose blocking has been ordered by the Superintendence of Industry and Commerce. (x) Allow access to the information only to the persons authorized by the owner or empowered by law for such purpose. (xi) Inform the Superintendence of Industry and Commerce when there are violations to the security codes and there are risks in the administration of the information of the owners. (xii) Comply with the instructions and requirements given by the Superintendence of Industry and Commerce.
3. Duties when processing is carried out through a Data Processor (i) Provide the Data Processor only with the personal data previously authorized for processing. 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 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 in a timely manner to the Data Processor all developments regarding the data previously provided and take other necessary measures to ensure that the information provided to the Data Processor is kept updated. (iv) Inform the Data Processor in a timely manner of any rectifications made to the personal data so that it may proceed to make the pertinent adjustments. (v) Demand that the Data Processor, at all times, respect the security and privacy conditions of the holder’s information. (vi) Inform the Data Processor when certain information is under discussion by the holder once the claim has been filed and the respective process has not been completed.
4. Duties regarding the Superintendence of Industry and Commerce (i) Inform it of any violations to the security codes and the existence of risks in the administration of the information of the owners. (ii) Comply with the instructions and requirements given by the Superintendence of Industry and Commerce.

7. REQUEST FOR AUTHORIZATION TO THE HOLDER OF THE PERSONAL DATA

Prior to and/or at the time of collecting the personal data, TECAM – Tecnología Ambiental S.A. will request the data owner’s authorization to collect and process the data, indicating the purpose for which the data is requested, using automated technical means, written or oral, that allow preserving proof of the authorization and/or the unequivocal conduct described in article 7 of Decree 1377 of 2013. Such authorization shall be requested for the time that is reasonable and necessary to meet the needs that gave rise to the request for the data and, in any case, in compliance with the legal provisions governing the matter.

8. PRIVACY NOTICE

In the event that TECAM – Tecnología Ambiental S.A. cannot make available to the holder of the personal data the present policy of treatment of the information, it will publish the privacy notice attached to this document, the text of which will be kept for later consultation by the holder of the data and/or the Superintendence of Industry and Commerce.

9. TIME LIMITATIONS ON THE PROCESSING OF PERSONAL DATA

TECAM – Tecnología Ambiental S.A. may only collect, store, use or circulate the personal data during the time that is reasonable and necessary, in accordance with the purposes that justified the processing, considering the provisions applicable to the matter in question 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.

10. AREA RESPONSIBLE AND PROCEDURE FOR THE EXERCISE OF THE RIGHTS OF THE HOLDERS OF THE PERSONAL DATA

The IT Area of TECAM – Tecnología Ambiental S.A. will be responsible for responding to the requests, complaints, and claims made by the owner of the data in exercise of the rights contemplated in numeral 5 of this policy, with the exception of the one described in paragraph e). For such purposes, the holder of the personal data or whoever exercises his representation may send his request, complaint or claim from Monday to Friday from 8:00 a.m. to 5:00 p.m. to the e-mail: admin@tecam-sa.com, call the telephone line of TECAM – Tecnología Ambiental S.A., Cali: (2) 447 1717, or file it at the following address corresponding to our offices Calle 55 No. 7N – 06, Cali – Colombia. The petition, complaint, or claim must contain the ID No. of the Holder, the description of the facts that give rise to the claim, the address, and accompanying documents to be asserted. If the claim is incomplete, the interested party will be required to correct the faults within five (5) days after receipt of the claim. 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 competent to resolve it, he/she will transfer it to the appropriate person within a maximum term of two (2) business days and will inform the interested party of the situation. Once the complete claim has been received, a legend code will be assigned in the database stating: “claim in process” and the reason for the claim, within a term not exceeding two (2) business days. Such legend code shall be maintained until the claim is decided. The maximum term to respond to the claim shall be fifteen (15) business days from the day following the date of its receipt. When it is not possible to address the claim within such term, the interested party will be informed of the reasons for the delay and the date on which the claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first term.

11. DATA COLLECTED PRIOR TO THE ISSUANCE OF DECREE 1377 OF 2013

In accordance with the provisions of paragraph 3 of Article 10 of Regulatory Decree 1377 of 2013 TECAM – Tecnología Ambiental S.A. will proceed to publish a notice on its official website www.tecam-sa.com addressed to the holders of personal data for the purpose of making known the present policy of information processing and how to exercise their rights as holders of personal data housed in the databases of TECAM – Tecnología Ambiental S.A.

12. SECURITY MEASURES

In development of the security principle established in Law 1581 of 2012, TECAM – Tecnología Ambiental S.A. will adopt the necessary technical, human, and administrative measures to provide security to the records avoiding their adulteration, loss, consultation, use, or unauthorized or fraudulent access. The personnel who process personal data will execute the established protocols to guarantee the security of the information.

13. EFFECTIVE DATE

This Personal Data Policy was created on January 18, 2016 and is effective as of January 29, 2016. Any changes to this policy will be informed through the following e-mail address: www.tecam-sa.com Sincerely, TECAM – Tecnología Ambiental S.A. Calle 55 No. 7N – 06, Cali – Colombia.

PRIVACY NOTICE

PERSON RESPONSIBLE FOR TREATMENT: TECAM – Tecnología Ambiental S.A.
Calle 55 No. 7N – 06, Cali – Colombia
E-MAIL: admin@tecam-sa.com
TELEPHONE LINE: (2)447 1717 Cali

PURPOSE FOR WHICH THE COLLECTION OF PERSONAL DATA AND THEIR PROCESSING IS CARRIED OUT

TECAM – Tecnología Ambiental S.A. may use the personal data to: a) Execute the existing contractual relationship with its customers, suppliers, and workers, including the payment of contractual obligations; b) Provide the services and/or products required by its users; c) Inform about new products or services and/or about changes in them; d) Evaluate the quality of service; e) Conduct internal studies on consumption habits; f) Send to the physical mail, electronic mail, cellular or mobile device, via text messages (SMS and/or MMS) or through any other analog and/or digital means of communication created or to be created, commercial, advertising or promotional information about the products and/or services, events and/or promotions of commercial or non-commercial nature of these, in order to promote, invite, direct, execute, inform and in general, carry out campaigns, promotions or contests of commercial or advertising nature, advanced by TECAM – Tecnología Ambiental S.A. and/or by third parties; g) To develop the selection, evaluation and employment process; h) To support internal or external auditing processes; i) To register the information of employees and/or retirees (active and inactive) in TECAM – Tecnología Ambiental S.A.‘s database; j) Those indicated in the authorization granted by the owner of the data or described in the respective privacy notice, as the case may be; k) To supply, share, send or deliver your personal data to subsidiaries, affiliates or subordinate companies of TECAM – Tecnología Ambiental S.A. located in Colombia or any other country in the event that such companies require the information for the purposes indicated herein. Regarding data (i) collected directly at security points, (ii) taken from documents provided by persons to security personnel and (iii) obtained from video recordings made inside or outside the facilities of TECAM – Tecnología Ambiental S.A., these will be used for security purposes of persons, goods, and facilities of TECAM – Tecnología Ambiental S.A. and may be used as evidence in any type of process. If personal data is provided, such information will be used only for the purposes stated herein, and therefore, TECAM – Tecnología Ambiental S.A. will not proceed to sell, license, transmit, or disclose the same, unless: (i) there is express authorization to do so; (ii) it is necessary to allow contractors or agents to render the services entrusted; (iii) it is necessary in order to provide our services and/or products; (iv) it is necessary to disclose it to entities that render marketing services on behalf of TECAM – Tecnología Ambiental S. A. or to other entities with which we have joint marketing agreements; (v) the information is related to a merger, consolidation, acquisition, divestiture, or other corporate restructuring process; (vi) it is required or permitted by law. TECAM – Tecnología Ambiental S.A. may subcontract to third parties for the processing of certain functions or information. When effectively subcontracting with third parties for the processing of personal information or providing personal information to third party service providers, TECAM – Tecnología Ambiental S.A. warns such third parties of the need to protect such personal information with appropriate security measures, prohibits the use of the information for its own purposes and requests that the personal information not be disclosed to others.

RIGHTS OF THE HOLDERS OF PERSONAL DATA

The holders of personal data by themselves or through their representative and/or proxy or their successor in title may exercise the following rights with respect to the personal data processed by TECAM – Tecnología Ambiental S.A.:

1. a) Right of access: By virtue of which you may access the personal data under the control of TECAM – Tecnología Ambiental S.A., for the purpose of consulting them free of charge at least once every calendar month, and every time there are substantial modifications to the Information Processing Policies that motivate new consultations;
2. b) Right to update, rectify and delete: By virtue of which you may request to update, rectify and/or delete the personal data being processed, in such a way that the purposes of the processing are satisfied;
3. 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;
4. d) The right to be informed about the use of personal data;
5. e) Right to file complaints before the Superintendence of Industry and Commerce: for violations to the provisions of the current regulations on personal data processing;
6. f) The right to require compliance with the orders issued by the Superintendency of Industry and Commerce.

PERSONAL DATA PROCESSING POLICY

It may be consulted at the following address: www.tecam-sa.com. Any changes to this policy will be informed through the following web page: www.tecam-sa.com In the event that sensitive personal data is collected, the Data Subject may refuse to authorize its processing. The IT Area of TECAM – Tecnología Ambiental S.A. will be responsible for responding to the requests, complaints, and claims made by the data owner in exercise of the rights contemplated in numeral 5 of the personal data treatment policy, with the exception of the one described in paragraph e) thereof. For such purposes, the holder of the personal data or whoever exercises his representation may send his request, complaint, or claim from Monday to Friday from 8:00 a.m. to 5:00 p.m. to the e-mail: admin@tecam-sa.com, call the telephone line in Cali: (2)447 1717, or file it at our office address: Calle 55 No. 7N – 06 in the city of Cali.

Sincerely
TECAM – Environmental Technology S.A.
Telephone: (2)447 1717
Address: Calle 55 No. 7N – 06