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Data policy

POLICIES AND PROCEDURES MANUAL FOR THE PROTECTION AND PROCESSING OF PERSONAL DATA

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  1. PURPOSE.
    This policy is issued in compliance with Statutory Law 1581 of 2012 and the Single Sectorial Regulatory Decree 1074 of 2015 on the personal data protection regime and seeks to guarantee that #deliberate as responsible for the handling of personal data, carry out the treatment of the same in strict compliance with the applicable regulations, also guaranteeing the rights of the owners of the data.

  2. RESPONSABLE.
    Denomination: #deliberate
    Direct manager: Adriana Carolina Pinzón
    City: Bogotá DC
    Email: carolina@deliberar.org
    Whatsapp: (57) 3176922035

  3. PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA.
    In the development, interpretation and application of this policy, the following principles will be applied harmoniously and comprehensively:

    1. Principle of legality regarding data processing: All personal data processing is regulated by Law 1581 of 2012 and Decree 1074 of 2015.

    2. 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.

    3. Principle of freedom: The treatment can only be exercised with the prior, express and informed consent of the owner. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that relieves consent.

    4. Principle of truthfulness or quality: The information subject to treatment must be truthful, complete, exact, updated, verifiable and understandable. The processing of partial, incomplete, fractioned or misleading data is prohibited, unless the owner so authorizes it.

    5. Principle of transparency: The owner is guaranteed his right to obtain at any time and without restrictions, information regarding his personal data that rests in the deliberate databases.

    6. Principle of access and restricted circulation: Personal data that are not public may only be available on the internet or other mass communication media when access to them is technically controllable by deliberation and may only be accessed in a restricted manner by the owner, by who this authorizes and / or by the persons provided for in the Law.

    7. Security principle: The information subject to treatment by the person in charge or manager 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.

    8. Principle of confidentiality: All persons who intervene in the processing of personal data that are not public in nature are obliged to guarantee the reservation of the information, even after the end of their relationship with any of the tasks that comprise the treatment, being able only supply or communicate personal data when this corresponds to the development of activities authorized by law.

  4. TREATMENT TO WHICH THE DATA WILL BE SUBMITTED.
    Deliberar treats the personal data of its clients, allies, employees, officials, contractors and suppliers within the development of its activities. This is done directly, through its employees, officials or by agents in charge of it.
    Likewise, it shares the data with third parties located in Colombia and abroad with whom contracts are entered into for the transfer and / or transmission of personal data, as appropriate, in order to keep them safe and protected in accordance with the applicable rules and standards.
    Deliberate has the obligation to maintain the confidentiality of the personal data being processed and may only disclose them at the express request of the surveillance and control entities and by authorities that have the legal power to request it.
    At any time, the holders may, free of charge, know, update, rectify and correct their personal information in accordance with article 8 of Law 1581 of 2012.
    In development of the principle of purpose, the collection of personal data by Deliberar is limited to those personal data that are pertinent and adequate to fulfill the purposes expressed in this policy. Except in the cases expressly provided for in the Law, personal data may not be collected without the authorization of the Holder.
    Data processing includes the collection, storage, administration, use, transfer, transmission and destruction, in the manner permitted by Law and is carried out with the following specific purposes:

    1. Promotion, protection and recovery of health, and of the rights of consumers of psychoactive substances or drugs through:

      1. Answers to questions asked by users on digital platforms

      2. Development of monitoring and evaluation processes on the provision of the service through surveys.

      3. Sending information and content of specific interest.

      4. Identification of epidemics and generation of alerts about them.

      5. Preparation of studies on consumption habits and diseases.

      6. Development of statistical, demographic and market analysis.

      7. Development of studies and publications of an academic and journalistic nature related to the information collected by deliberation.

      8. Offering personalized services for each user according to the information collected.

      9. Development of joint commercial activities with related or allied companies or entities.

    2. Maintain periodic and effective communication with the users of our platform, clients, affiliates, employees, officials, suppliers, and any person with respect to whom we are authorized to process their personal data, by means of:

      1. Offer and promotion, by any means, of deliberating services, of related companies or of any person or company.

      2. Sending invitations to participate in projects, studies and / or events organized by deliberation. Related companies and third parties, related to the services provided through the platform.

      3. Transmission of data to related companies and third parties to carry out union, medical-scientific activities and all those related to health.

      4. Provision of information to related companies and third parties about medical or health emergencies.

      5. Provision of information and generation of alerts about cases of violation of the rights of the adolescent and young population.

    3. Achieve an adequate provision of the services offered by deliberating through:

      1. Allow access to information on requests, complaints and claims submitted by users, customers, allies, contractors and suppliers on the occasion of activities developed by deliberation.

      2. Accounting, administrative, commercial, informational, marketing and sales uses.

      3. The transmission of personal data to managers for storage on servers located inside and / or outside of Colombia.

      4. The execution of activities related to the employment relationship with its employees.

      5. Any other purpose that corresponds according to the link that is generated between the owners of the personal data and the company.

  5. TREATMENT OF PERSONAL DATA OF CHILDREN, GIRLS AND ADOLECENTS.
    In compliance with article 7 of law 1581 of 2012, the processing of personal data of minors will be carried out, within the framework of the purposes indicated above and in accordance with the requirements indicated in article 2.2.2.25.2.9 of the Decree 1074 of 2015 and judgment C-748 of 2011 of the Constitutional Court.
    For this purpose, deliberate, its employees, officials and managers will take into account that the treatment of the personal data of minors must respond to their best interests and that they must ensure respect for their fundamental rights such as promotion, protection and recovery of health, sexual and reproductive rights.
    When the authorization of the data processing is granted through a representative, the representative will guarantee the exercise of the minor's right to be heard prior to the granting of the authorization and will assess the minor's opinion taking into account their maturity, autonomy and capacity to understand the matter.
    Those responsible and in charge of the processing of personal data of minors will ensure the proper use of the data and will apply the principles and obligations enshrined in Law 1581 of 2012 and Single Decree 1074 of 2015.

  6. RIGHTS OF THE HOLDERS.
    Holders of personal data have the following rights:

    1. Know, access for free, update and rectify your personal data in front of the person responsible or those in charge of the treatment. 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.

    2. Request proof of the authorization granted to the person responsible for the treatment except when expressly excepted as a requirement for the treatment, in accordance with the provisions of article 10 of Law 1581 of 2012.

    3. Be informed by the person in charge or by the person in charge of the treatment, upon request, regarding the use that has been given to your personal data.

    4. Present before the competent authorities complaints for infractions of the Law.

    5. Revoke the authorization and / or request the deletion of the data when the principles, rights and constitutional and legal guarantees are not respected in the treatment. The revocation and / or deletion will proceed when the Superintendency of Industry and Commerce has determined that in the treatment the person in charge or in charge has incurred in conduct contrary to the Constitution and the law.
      In accordance with article 2.2.2.25.2.6 of Sole Decree 1074 of 2015, the request for the deletion of the information and the revocation of the authorization will not proceed when the Holder has a legal or contractual duty to remain in the database.

  7. PROCEDURE FOR EXERCISE OF RIGHTS BY THE HOLDERS.
    Holders of personal data should direct their requests or claims to the email direccion@deliberar.com.co. For this purpose, you must send an email referencing name, surname, data of those who submit the claim and a brief explanation. We will proceed:

    1. Procedure for requests and inquiries: deliberate, you must respond to requests and inquiries within a term of ten (10) business days from the date the request is received. When it is not possible to comply with this time, the interested party must be informed, stating the reasons for the delay and the date on which their request or inquiry will be dealt with within a term not exceeding five (5) business days following the expiration of the first term.

    2. Procedure in case of claims: The owner or successor in title who considers that the information contained in a database should be subject to correction, updating or deletion, or when they notice the alleged breach of any of the duties contained in the law or in this Policy, you may submit a claim to deliberate, which will be processed under the following rules:

      1. The claim will be formulated by means of a request addressed to the Office for the Protection and Treatment of Personal Data, to the email carolina@deliberar.org with the identification of the owner, 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 following receipt of 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.

      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 term not exceeding 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. Procedure for the revocation of the authorization and / or request to delete the data: The Holders may at any time request to deliberate, the deletion of their personal data and / or revoke the authorization granted for the Treatment of the same, by submitting a claim, in accordance with the provisions of article 15 of Law 1581 of 2012, Unique Decree 1074 of 2015 and the Procedure indicated in this Policy.
      If the respective legal term expires, deliberate, has not eliminated the personal data, the Holder will have the right to request the Superintendency of Industry and Commerce to order the revocation of the authorization and / or the deletion of the personal data.
      Notwithstanding the foregoing, in accordance with articles 2.2.2.25.2.6 and 2.2.2.25.2.8 of Sole Decree 1074 of 2015, the request for the deletion of the information and the revocation of the authorization will not proceed when the Holder has a legal duty or contractual to remain in the database.

  8. TEMPORARY LIMITATIONS TO THE PROCESSING OF PERSONAL DATA.
    Deliberate, they may only collect, store, use or circulate personal data for as long as is reasonable and necessary, in accordance with the purposes that justified the treatment, taking into account the provisions applicable to the matter in question and the administrative aspects, accounting, tax, legal and historical information.
    Once the purpose or purposes of the treatment have been completed, Deliberate, or the person in charge of the treatment, as appropriate, will proceed to delete the personal data in their possession. Notwithstanding the foregoing, personal data must be kept when required to comply with a legal or contractual obligation.

  9. AUTHORIZATION
    Deliberate. You will receive the authorization for the processing of personal data by means of a written document, through your website and / or your mobile application. For this, the owner may give his consent in writing, verbally or through unequivocal conduct.
    The content of the authorization is as follows:
    Deliberar will collect private and sensitive personal data of the owner, such as his name, date of birth, gender to which he belongs and other data that the owner himself wishes to supply. Regarding sensitive data, the owner is not obliged to supply them but, if he wishes to do so, they will be those necessary to comply with the purposes of the treatment indicated in this document, such as those related to health, sexual life and / or or other related sensitive data that the owner wants to supply.
    The owner declares to have read this Manual of Policies for the Protection and Treatment of Personal Data. Consequently, you acknowledge having been informed about the specific purposes of the treatment and grant your express authorization for the processing of your personal data, including the express authorization of the international transfer and transmission of your personal data, within the purposes communicated in this document.
    For the holders who choose to give authorization through the website or the application, their express consent will be given when they create their user profile and accept the Terms and Conditions contract and the Privacy Policy. This act will be considered unequivocal conduct sufficient to reasonably conclude that the authorization was expressly granted.

  10. VALIDITY OF THE POLICY.

This policy is effective as of May 1, 2018.

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