1. PERSONAL DATA POLICY
- This personal data processing and protection policy will apply to all databases and/or files containing personal data that are processed by
TU MESA HOME S.A.S
IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA
Company name: TU MESA HOME S.A.S
NIT: 901144335-9
Address: Calle 109No. 18b – 31 of 301, Bogotá, Colombia
Email: info@tumesahome.com
Phone: in Bogotá (+57) 3132377663
Website: www.tumesahome.com
2. DEFINITIONS
- Authorization: Prior, express and informed consent of the owner to carry out the
processing of personal data.
- Privacy Notice: Verbal or written communication generated by the person responsible, addressed to the owner for the processing of his/her personal data, through which he/she is informed about the existence of the information processing and protection policy that will be applicable to him/her, the way to access them and the purposes of the processing that is intended to be given to the personal data.
- Database: An organized set of personal data that is the object of processing.
- Personal Data: Any information linked to or that can be associated with one or more specific or identifiable natural persons.
- Sensitive data: These are those that affect the privacy of the owner or whose improper use can generate discrimination, for example, political orientation, convictions religious or philosophical, human rights, as well as data relating to health, sexual life and biometric data.
- Data Processor: Natural or legal person, public or private, who by itself or in association with others, processes personal data on behalf of the data controller. In the event that the person responsible does not act as the person in charge of the database, the person in charge will be expressly identified.
- Data Processing Manager: Natural or legal person, public or private, who by itself or in association with others, decides on the database and/or the processing of the data.
- Terms and Conditions: general framework in which the conditions for participants in promotional or similar activities are established.
- Holder: Natural person whose personal data is subject to processing.
- Processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.
- Transfer: The transfer of data takes place when the person responsible and/or in charge of processing personal data, located in Colombia, sends the information or personal data to a recipient, who in turn sends the information or personal data to the recipient. : The Company is responsible for the processing and is located within or outside the country.
- Transmission: Processing of personal data that involves 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 person responsible.
3. PROCESSING
THE COMPANY, acting as the person responsible for the processing of personal data, for the proper development of its commercial activities, as well as for the strengthening of its relations with third parties, collects, stores, uses, circulates and deletes personal data corresponding to natural persons with whom it has or has had a relationship, such as, without the enumeration meaning limitation, collaborators and their relatives, shareholders, consumers, clients, distributors, suppliers, creditors and debtors.
4. PURPOSE
The Personal Data is processed by THE COMPANY for the following purposes:
1. Tu Mesa Home S.A.S
2. Sending emails and messages, in order to invite and inform about events,
news or activities carried out by Tu Mesa Home S.A.S
3. Inform about offers, promotions and incentives generated by Tu Mesa Home S.A.S
4. Sending satisfaction surveys and suggestions to our customers, to improve,
promote and develop products.
5. For marketing, statistics, research and other commercial purposes that
do not contravene current legislation in Colombia.
6. To attend to judicial or administrative requirements and compliance with
judicial or legal mandates.
5. RIGHTS OF PERSONAL DATA OWNERS
Natural persons whose personal data is processed by THE COMPANY have the following rights:which they can exercise at any time:
5.1. Know the personal data that THE COMPANY is processing.
Likewise, the owner may request at any time that their data be updated or
rectified, for example, if they find that their data is partial, inaccurate, incomplete,
fractionated, misleading, or whose processing is expressly prohibited or has not been
authorized.
5.2. Be informed by THE COMPANY, upon request, regarding the use that it has given to their
personal data.
5.3. Request that THE COMPANY delete their personal data and/or revoke the authorization
granted for the processing of the same, by submitting a claim, in accordance
with the procedures established in section 11 of this Policy. However, the request for
deletion of information and revocation of authorization will not proceed when the owner of
the information has a legal or contractual obligation to remain in the database and/or files,
nor while the relationship between the owner and THE COMPANY, by virtue of which
their data were collected, is in force.
5.4. Access free of charge to your personal data that is being processed.
6. AREA RESPONSIBLE FOR THE IMPLEMENTATION AND OBSERVANCE OF THIS POLICY
1. The Administrative area of Malba S.A.S is in charge of the development,
implementation, training and observance of this Policy.
The administrative area of Tu Mesa Home S.A.S has also been designated by THE COMPANY as the area responsible for handling requests, queries, complaints and
claims before which the owner of the information may exercise his/her rights to know,
update, rectify and delete the data and revoke the authorization.
7. AUTHORIZATION
THE COMPANY must request prior, express and informed authorization from the owners of the personal
data on which it requires to process.
7.1. Prior authorization means that consent must be granted by the owner, at the latest at the time of the collection of personal data.
7.2. Express authorization means that the consent of the owner must be explicit and
concrete; open and non-specific authorizations are not valid. The Owner is required
to express his/her willingness to authorize THE COMPANY to process his/her personal data.
8. PROCEDURE FOR ATTENTION AND RESPONSE TO REQUESTS, CONSULTATIONS, COMPLAINTS AND CLAIMS FROM PERSONAL DATA OWNERS
The owners of personal data that are being collected, stored, used,
put into circulation by THE COMPANY, may exercise at any time their rights to
know, update, rectify and delete information and revoke authorization.
For this purpose, the following procedure will be followed, in accordance with the Personal Data Protection Law.
8.1 ATTENTION AND RESPONSE TO REQUESTS AND CONSULTATIONS:
What does the procedure consist of?
The Owner or his/her successors in title may request from THE COMPANY, through the means indicated
below:
Information on the owner’s personal data that are being processed. Request proof of the authorization granted to THE COMPANY for the processing of your personal data.
Information regarding the use that has been given by THE COMPANY to your personal data.
Means enabled for the presentation of requests and queries:
THE COMPANY has provided the following means for the reception and attention of requests and
queries, all of which allow to keep proof of the same:
Communication directed to email tmh ¿?
Attention and response by THE COMPANY:
The requests and queries will be attended to within a maximum term of ten (15) business days
counted from the date of receipt of the same. When it is not possible to attend to the request
or query within said term, the interested party will be informed, stating the reasons for the
delay and indicating the date on which his request or query will be attended to, which in no case
may exceed five (5) business days following the expiration of the first term.
9. ATTENTION AND RESPONSE TO COMPLAINTS AND CLAIMS:
What does the procedure consist of?
The owner or his successors in title may request THE COMPANY, through a complaint or claim submitted through the channels indicated below:
-The correction or update of the information.
-The deletion of your personal data or the revocation of the authorization granted for the processing of the same.
-That the alleged non-compliance with any of the duties contained in the Personal Data Protection Law be corrected or corrected.
The request must contain the description of the facts that give rise to the complaint or claim, the address and contact information of the applicant, and must be accompanied by the documents that you wish to assert. Attention and response by THE COMPANY:
If the complaint or claim is presented incomplete, THE COMPANY must request the interested party within five (5) days following receipt of the complaint or claim to correct the deficiencies. After two (2) months from the date of the request, without the applicant submitting the
required information, it will be understood that the complaint or claim has been withdrawn. In the event that the person receiving the complaint or claim is not competent to resolve it, he/she will forward it
to the administrative area of Malba S.A.S, within a maximum period of two (2) business days and will inform the interested party of the situation.
Once the complete complaint or claim is received, a legend will be included in the database that says
“claim in process” and the reason for it, within a period of no more than two (2) business days. This
legend must be maintained until the complaint or claim is decided. The maximum term to address the complaint or claim will be fifteen (15) business days counted from the day following the date of receipt. When it is not possible to address the complaint or claim within said term, the interested party will be informed of the reasons for the delay and the date on which the complaint or claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first term.
10. INFORMATION OBTAINED PASSIVELY
When accessing or using the services contained within the COMPANY’s websites, the COMPANY may collect information passively through information management technologies, such as “cookies”, through which information is collected about the hardware and software of the equipment, IP address, browser type, operating system, domain name, access time and the addresses of the websites of origin; through the use of these tools, no personal data of the users is directly collected. Information will also be collected about the pages that the person visits most frequently on these websites in order to know their browsing habits. However, the user of THE COMPANY’s websites has the possibility of configuring the operation of the “cookies”, according to the options of their internet browser.
11. SECURITY OF PERSONAL DATA
THE COMPANY,
In strict application of the Principle of Security in the Processing of Personal Data, will provide the technical, human and administrative measures that are necessary to grant security to the records, avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access. THE COMPANY’s obligation and responsibility is limited to having the appropriate means for this purpose. THE COMPANY does not guarantee the total security of your information nor is it responsible for any consequences arising from technical failures or improper access by third parties to the database or file in which the personal data processed by THE COMPANY and its Managers are stored. THE COMPANY will require the service providers it hires to adopt and comply with the appropriate technical, human and administrative measures for the protection of personal data in relation to which said providers act as managers.
12. TRANSFER, TRANSMISSION AND DISCLOSURE OF PERSONAL DATA
THE COMPANY may disclose to its affiliated companies worldwide the personal data on which it processes, for its use and processing in accordance with this Personal Data Processing and Protection Policy.
Likewise, THE COMPANY may provide personal data to third parties not related to THE COMPANY when:
1. They are contractors in execution of contracts for the development of THE COMPANY’s activities;
2. By transfer of any kind of any line of business to which the information is related.
In any case, in the contracts for the transmission of personal data, which are signed between THE COMPANY and the Persons in Charge for the processing of personal data, it will be required that the information be treated in accordance with this Policy for the Processing and Protection of Personal Data and the following obligations will be included in the respective Person in Charge:
Process, on behalf of THE COMPANY, the Personal Data in accordance with the principles
that protect them.
Safeguard the security of the databases in which personal data is contained.
Maintain confidentiality regarding the processing of personal data.
13. APPLICABLE LEGISLATION
This Personal Data Treatment and Protection Policy is governed by the provisions of the current legislation on the protection of personal data referred to in Article 15 of the Colombian Political Constitution, Law 1266 of 2008, Law 1581 of 2012, Decree 1377 of 2013, Decree 17 27 of 2009 and other regulations that modify, repeal or replace them.
