Personal Data Processing Policy English

Personal Data Processing Policy

Introduction

Al Derecho Abogados in compliance with the statutory law 1581 of 2012, which establishes the general rules for the protection of personal data, and the decree 1377 of 2013, through which partially regulates the law 1581 of 2012, as responsible for the collection of management, administration and processing of personal information of the databases available, is committed to strict compliance with the standard, ensuring the rights of the owners.

Definitions

For the purposes of the following policy aligned to the definitions contained in law 1581 of 2012, the following definitions shall be understood as:

Authorization: Prior, express and informed consent of the holder to carry out the processing of their personal data.
Database: Organized set of personal data that is subject to processing in accordance with the law.
Files: Set of documents kept by the company containing personal information regulated by law.
Personal data: Information linked or that may be associated to one or several determined or determinable natural persons.
Sensitive data: Data affecting the holder’s privacy or whose improper use may generate discrimination, such as, for example: data revealing racial or ethnic origin, political orientation, religious or philosophical convictions, membership in trade unions, social organizations or human rights, data relating to health, sex life and biometric data.
Data processor: The natural or legal person who carries out the processing of personal data on behalf of the institution.
Data controller: The natural or legal person who decides on the basis and processing of data.
Data subject: Natural person whose personal data is the object of processing.
Transfer: The transfer of data takes place when the person responsible and/or in charge of the processing of personal data located in Colombia, sends the information or personal data to a recipient, which in turn is responsible for the processing and is located inside or outside the country.
Transmission: Processing of personal data that involves the communication of the same within or outside the Colombian territory when the purpose of the processing is carried out by the processor on behalf of the data controller.
Processing: Any operation or set of operations on personal data such as collection, storage, use, circulation or suppression.

Identification of the data controller

Al Derecho Abogados, identified with NIT. 00 000000, is responsible for the processing of personal data that appear registered in its databases and files in accordance with Law 1581 of 2012, Regulatory Decree 1377 of 2013, Single Regulatory Decree 1074 of 2015 and other rules that repeal, amend or supplement them.

For purposes of any request or claim related to this policy, the email info@alderechoabogados.com and the hotline (57) 300 404 6636 are available.

Information processing

Al Derecho Abogados, processes personal data of clients, employees and suppliers, which it controls exclusively as it is not shared with other centers, branches or parent companies.

Compliance with the law: Al Derecho Abogados strictly complies with the requirements of the law on Personal Data Protection, especially Law 1581 of 2012, Regulatory Decree 1377 of 2013, Single Regulatory Decree 1074 of 2015 and other regulations that repeal, amend or supplement them.

Purpose: The institution informs the holders the specific purpose of the processing of their personal data, which in any case will have as main purpose to perform the administrative, accounting, fiscal, operational, commercial and promotional management; as well as the development of welfare activities, prevention, health, culture, and ensure the safety of persons and property related to the activity of the same.

The company deletes the personal data collected when they are no longer necessary or relevant for the purpose for which they were obtained, or when the owner of the data in accordance with the law so requests.

Authorization: The institution will exercise the processing of information with the prior, express and informed consent of the holder, which will be obtained through any means that may be subject to subsequent consultation.

Authorization is not required in the case of:

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

Truthfulness: The information provided by the holder must be truthful, complete, accurate, verifiable and updated. The holder guarantees the authenticity of all data provided to the company.

Access and circulation of information: In the treatment of information, Al Derecho Abogados abides by the limits derived from the nature of personal data, the provisions of the Law and the Constitution. In this sense, the institution will only process the data with the authorization of the owner and in the cases provided by law.

Information security: The company has the technical, human and administrative measures necessary to ensure the security of personal data obtained and contained in its databases and files, avoiding its adulteration, loss, consultation or unauthorized or fraudulent access.

Confidentiality: Al Derecho Abogados guarantees the confidentiality of the information, even after the end of the work that includes the treatment.

Sensitive data: The company can only process sensitive data when:

The owner has given explicit authorization to such treatment.
It is necessary to safeguard the vital interest of the owner and he/she is physically or legally incapacitated.
In these events, authorization from the legal representatives is required.
It refers to data that are necessary for the recognition, exercise or defense of a right in a judicial process.
It has a historical, statistical or scientific purpose, provided that measures are adopted for the suppression of the identity of the owners.

Rights of the holders: The holders of the information processed by the company have the following rights:

Access, know, update and rectify their personal data processed by the company.
Request proof of authorization granted to the company, except in cases specified by law that do not require authorizatio.
Be informed of the use that has been given to their personal data.

File complaints before the Superintendence of Industry and Commerce for non-compliance with Law 1581 of 2012, Regulatory Decree 1377 of 2013, Single Regulatory Decree 1074 of 2015 and other rules that repeal, amend or supplement them.

To revoke the authorization and/or request the deletion of data when the institution does not respect the principles, rights and constitutional and legal guarantees.

Procedure

Authorizations: Al Derecho Abogados, requests written authorization to all clients, collaborators, suppliers and visitors of which it processes personal data, provided that they are natural persons, so that their data may be processed in accordance with the purpose established in each case.

Consultations: The holder or the assignee who wishes to make inquiries about their personal information may do so via email to info@alderechoabogados.com.

Upon request of the holder, Al Derecho Abogados will provide all the information contained in its databases related to the identification of the holder.

The institution will respond to the consultation within a maximum period of ten (10) working days from the date of receipt of the same. If it is not possible to provide an answer within this period of time, the company will inform the interested party the reasons for the delay and will indicate the date of response, which may not exceed five (5) business days following the first due date.

Claims: The holder or the assignee may make a claim to the company so that their personal information is subject to correction, updating, deletion or when they consider that the company fails to comply with Law 1581 of 2012, Regulatory Decree 1377 of 2013, Single Regulatory Decree 1074 of 2015 and other rules that repeal, amend or supplement them.

You may also revoke the authorization granted for the processing of your personal data.

Claims are made through the email info@alderechoabogados.com, Claims must contain:

Description of the facts that give rise to the claim.
Address.
Attached documents (if applicable)

If the person in charge of receiving the claim detects that the data is not complete, he/she will request the interested party within five (5) days after receiving the claim to make the necessary corrections.

The person in charge of receiving the claim will respond to it. In case he/she is not competent to do so, he/she will send within a maximum of two (2) working days to the person who must respond and will inform the interested party of such situation.

The institution will respond to the claim within fifteen (15) business days from the day following its receipt. If it is not possible to respond within this period of time, the company will inform the interested party of the reasons for the delay and will indicate the date of response, within eight (8) working days following the first due date.

Transfer and transmission of information: Al Derecho Abogados will provide the personal data subject to processing to the following persons:

Owner of the information, their successors in title or legal representatives.
Public or administrative entities in the exercise of their legal functions or by court order.
Third parties authorized by the owner or by law.

The institution will provide personal data to third parties provided that they have authorization from the owner of the information in order to respond to the normal requirements of its activity. In this case, the third party, from the moment it receives the information, becomes in charge of its processing and must comply with the legal obligations.

All third parties who, due to their relationship with the company, are entrusted with the processing of personal data must be asked to sign a contractual clause expressing their knowledge of the law and their responsibility in complying with it, and shall also require prior authorization from the owner to process his/her personal data.

International transfers: The company transfers personal data to third countries provided that they provide adequate levels of data protection in accordance with the standards set by the Superintendence of Industry and Commerce on the matter, and when:

The owner grants express and unequivocal authorization for the transfer.
The exchange of data is required for reasons of public health or hygiene.
In the case of bank transfers.
The transfer is agreed within the framework of international treaties in which the Republic of Colombia is necessary for the execution of a contract between the owner and the data controller or for the execution of pre-contractual measures.
It is legally required for the safeguarding of the public interest or for judicial purposes.

Exceptions: This policy does not apply to databases and files that:

Have the purpose of national security and defense, as well as the prevention, detection, monitoring and control of money laundering and financing of terrorism.
Have as purpose and contain intelligence and counterintelligence information.
Have the purpose of journalistic information and other editorial contents.

Validity: The databases managed by Al Derecho Abogados, will be maintained indefinitely, while its purpose is being developed and while it is necessary to ensure compliance with legal obligations, particularly administrative and accounting, but the data may be deleted at any time at the request of the holder, as long as this request does not go against a legal obligation of Al Derecho Abogados, or an obligation contained in a contract between the company and the holder.

Versions of the Policy

Request for information and forms within our pages

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