The purpose of this manual is to comply with the legal, constitutional and jurisprudential provisions concerning the development of the constitutional right that all people have to know, update and rectify the information that has been collected about them in databases or files related to the Article 15 of the Political Constitution, as well as the right to information enshrined in Article 20 of the same.
Law 1581 of 2012 developed “the constitutional right that all people have to know, update and rectify the information that has been collected about them in databases or files, and the other rights, freedoms and constitutional guarantees referred to in article 15 of the Political Constitution; as well as the right to information enshrined in article 20 of the same ”. This constitutional right known as habeas data, gives citizens the possibility of deciding and controlling the information that others have about them and, in that order of ideas, Law 1581 of 2012 establishes mechanisms and guarantees that allow the full exercise of the aforementioned right .
In compliance with the provisions of Law 1581 of 2012, METALMECANICA TORFRES, as responsible for the processing of personal data and sensitive personal data of its affiliates, providers, suppliers and collaborators , has adopted the following Information Processing Policies, to guarantee that the processing of personal data and sensitive personal data complies with current legal provisions.
In summary, this manual establishes the policies and procedures through which the owner of personal data can exercise their rights related to the processing of their data and their Once, the treatment that the person in charge must give to the data of third parties, as well as the mechanisms to urge compliance with the duties of the person responsible for the treatment. Likewise, some definitions are given regarding terms necessary for the correct application of the aforementioned policies, together with the principles on which the collection and processing of personal data is based.
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Regulate the policies and procedures that will be applicable in the handling of personal data information by METALMECANICA TORFRES, according to the provisions contained in Law 1581 of 2012 and Decree 1377 of 2013.
METALMECANICA TORFRES, is responsible for the Treatment of personal data and sensitive personal data of its affiliates, providers, suppliers and collaborators, on which it decides directly and autonomously.
This manual is applicable to the personal data of natural persons registered in the databases relating to Employees, Potential Employees, Retired Workers, Shareholders, Suppliers, Potential Suppliers, Clients and Users (in the pertinent) of METALMECANICA TORFRES which are susceptible to treatment. It will apply to personal data that are the object of collection and handling by METALMECANICA TORFRES. If in the future, other legal entities become part of METALMECANICA TORFRES, the manual will apply to them.
This manual will not apply to:
Para la aplicación de las reglas y procedimientos establecidos en el presente manual, y de acuerdo a lo establecido en el artículo 3 de la Ley Estatutaria 1581 de 2012, se entenderá por:
The principles set forth below constitute the general parameters by which the provisions of this manual will be applied regarding the personal data of the people to whom the processing of their data is applicable:
Treatment is any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion. The information that METALMECANICA TORFRES collects in the provision of its services and in general in the development of its corporate purpose, is used mainly to identify, maintain a record and control of Employees, Potential Employees, Retired Workers, Shareholders, Suppliers, Potential Suppliers, Clients and Users of METALMECANICA TORFRES.
The compilation, storage, consultation, use, exchange, transmission, transfer and processing of personal data requires the free, express and informed consent of the Holder of the information. Based on the foregoing and through this manual, mechanisms are implemented that allow subsequent consultation by the owner of the information.
The authorization by the holder may be in a physical, electronic document or any other format that allows a reasonable conclusion that the Holder granted the authorization.
Taking into account the foregoing, METALMECANICA TORFRES hereby notices that the authorization in any case will be by means of a physical and / or digital document, which must have the signature of the Holder of the information, which does not prevent the establishment of different mechanisms to grant authorization later.
METALMECANICA TORFRES, will ensure respect and compliance with the fundamental rights of children and adolescents, observing the special requirements established for the treatment of your personal data and sensitive personal data.
Through the authorization, the Holder of the information or his representative will be informed in the case of infants (boys and girls) and adolescents, the fact that The information will be collected, including the purpose, modifications, storage and the specific use that will be given to them, and also:
METALMECANICA TORFRES, in its capacity as Responsible and in Charge of Treatment, will have the necessary means to maintain technical and technological records of when and how authorization was obtained from the Owner of the information for the treatment thereof.
The privacy notice is a physical document, electronic or any other format, through which the owner of the information is informed about the existence of policies that will be applicable , as well as the way in which they can access them and the characteristics of the treatment that will be given to personal data.
The privacy notice is a physical document, electronic or any other format, through which the owner of the information is informed about the existence of policies that will be applicable , as well as the way in which they can access them and the characteristics of the treatment that will be given to personal data.
The model of the privacy notice that was transmitted to the Holders of the information will be kept while the processing of personal data is carried out and the obligations that of this is derived. For the storage of the model, computer, electronic or any other technology at the choice of METALMECANICA TORFRES may be used.
According to the group of people whose personal data is collected, there will be a single privacy notice model, which will specify in detail the points described above for each of the same.
In accordance with article 8 of Statutory Law 1581 of 2012, the Holder of personal data has the following rights:
It is hereby noted that the personal data being processed is the property of the persons to whom they refer and they are empowered to dispose of them. Based on the foregoing, it will only use personal data in accordance with the purposes established in the Law and respecting the provisions of Statutory Law 1581 of 2012 .:
In accordance with article 17 of Statutory Law 1581 of 2012, they undertake to fulfill the following duties:
METALMECANICA TORFRES, in its capacity as Responsible and in Charge of Processing the personal data of the aforementioned groups, must take special care to ensure compliance with the Law regarding these groups and respect for their rights, especially regarding personal data that does not fit into the category of public data (name, sex, date of birth, etc.).
The processing of personal data of boys, girls and / or adolescents that is of a public nature will comply with the following parameters and requirements: < / span>
Once the above requirements have been met, the legal representative of the child or adolescent may grant authorization for the Treatment, after exercising the minor’s right to be heard An opinion that should be assessed taking into account maturity, autonomy and ability to understand the matter.
Applicable points for all Procedures:
(l) For the exercise of the rights indicated in this point by the successors, and also to prevent access to the information by persons not legally authorized, You must first verify and in accordance with the Law, the documentation that allows to conclude that the person requesting the information is indeed a successor of the Holder.
(ll) If there is any doubt regarding the application of the procedures indicated here, it will be informed by the area responsible for the database that It is subject to the application of the procedure and resolved by the Legal Directorate, who will resolve the issue taking into account the Law, Decrees and other regulatory or instructive standards, and the jurisprudence that is issued on the matter.
Taking into account that the power to dispose or decide on personal data rests with the Owner of the information, this power necessarily implies the right of the owner to access and know the personal information that is being processed, including in this regard the scope, conditions and generalities of the treatment.
Taking into account the above, this right is guaranteed in the head of the Holder, which includes.
In accordance with article 14 of Statutory Law 1581 of 2012, the Holders or their successors in title may consult the personal information of the Holder that resides in any database. Based on this, this right is guaranteed by providing them with all the information contained in the individual registry or that is linked to the identification of the Holder.
Depending on the nature of the personal database, the query will be managed by the area responsible for attending to it within METALMECANICA TORFRES
Queries will be answered within a maximum term of ten (10) business days from the date of receipt. When it is not possible to attend the query within said term, the interested party will be informed within the first term granted, where the reasons for the delay will be expressed and indicating the date on which the query will be attended, which in no case may exceed the five (5) business days following the expiration of the first term.
In accordance with article 14 of Statutory Law 1581 of 2012, the Holders or their successors in title may consult the personal information of the Holder that resides in any database. Based on this, this right is guaranteed by providing them with all the information contained in the individual registry or that is linked to the identification of the Holder.
Depending on the nature of the personal database, the query will be managed by the area responsible for attending to it within METALMECANICA TORFRES
Queries will be answered within a maximum term of ten (10) business days from the date of receipt. When it is not possible to attend the query within said term, the interested party will be informed within the first term granted, where the reasons for the delay will be expressed and indicating the date on which the query will be attended, which in no case may exceed the five (5) business days following the expiration of the first term.
At any time and free of charge, the natural person Holder of the personal data or his representative may request the rectification, updating or deletion of his personal data after proof of his identity .
The request for rectification, updating or deletion of your personal data must be submitted through the means provided indicated in the privacy notice and must contain at least the following information:
The deletion implies the total or partial elimination of personal information in accordance with what is requested by the Holder, from the records, archives and databases or treatments carried out by METALMECANICA TORFRES.
According to the nature of the personal database, the claim will be managed by the area responsible for the attention to it within METALMECANICA TORFRES. < / p>
The Holder or successor in title may only file a complaint with the Superintendency of Industry and Commerce once they have exhausted the consultation or claim process before METALMECANICA TORFRES.
In accordance with the provisions of the Law, in the event that the Treatment does not respect the principles, rights and constitutional and legal guarantees, the Holders or their Representatives (as is the case of parents who exercise parental authority of an infant or adolescent) may request the revocation of the authorization granted for the Treatment of them, unless such revocation is prevented by legal or contractual provision, indicating in that case , the specific reasons on the basis of which it considers that the situation of no respect to the aforementioned scopes is occurring.
METALMECANICA TORFRES being responsible or the person in charge of the Treatment, as the case may be, must confirm having received the request for revocation of authorization, including its date of receipt. It may be objected if, in the opinion of METALMECANICA TORFRES, the assumption indicated by the Holder is not presented or if such revocation implies an impairment for the monitoring or fulfillment of rights or obligations by the entity and with respect to the Holder, in which case You must inform the same in writing so that it can take the measures before the authorities it deems appropriate.
The request for revocation of the authorization can be total or partial. It will be total when the revocation of the totality of the consented purposes through the authorization is requested; it will be partial when the revocation of some purposes is requested depending on the revocation request. This qualifier must be clearly expressed in the request for revocation of the authorization.
In development of the security principle established in Statutory Law 1581 of 2012, METALMECANICA TORFRES will implement the additional technical, human and administrative measures if required, that are necessary to provide security to the records, through which their adulteration, loss, consultation, use or unauthorized or fraudulent access will be avoided.
METALMECANICA TORFRES, in its capacity as Responsible and in Charge of Treatment, must proceed to register the bases in the terms indicated by Colombian regulations.
The Holders of the information accept the treatment of their personal data in accordance with the terms of this Manual, at the time of providing their data.
This General Privacy Policy is effective from the date of its publication and its validity will be subject to the purpose of the processing of personal data of the legal nature of METALMECANICA TORFRES .
