Privacy policy and treatment of personal information

HAMKKE SAS in compliance with the provisions of Law 1581 of 2012, and the Regulatory Decree 1377 of 2013, implements its Policy Manual for the Processing and Protection of Personal Data.

CHAPTER I

GENERAL ASPECTS

FIRST: HAMKKE SAS and its related or affiliated companies shall implement all actions available to them to comply with the protection and processing of personal data for which they are responsible or in charge, especially to protect the rights to privacy, intimacy and good name and the rights to know, update and rectify the data of the owners collected in their own databases or processed on behalf of third parties. That is why this manual applies both to protect the personal data currently processed and those that may be processed in the future, as well as for the processing of data of employees, agents, suppliers and contractors.

SECOND: PRINCIPLES. In the processing of personal data carried out by HAMKKE SAS, all the principles enshrined in Title II, Article 4 of the General Regime for the Protection of Personal Data, Law 1581 of 2012 and the rules that develop and complement it are applied.

THIRD: CONSULTATION OF THE PERSONAL DATA TREATMENT POLICY. This policy is available to the holders of personal data by the appropriate means of disclosure available to HAMKKE SAS identified with the NIT 900545788-9 as responsible or in charge of the processing of personal data and at its headquarters located at Calle 34 81 A 118 in the city of Medelin, email hamkke.col@gmail.com.

FOURTH: PROCESSING OF PERSONAL DATA. The processing of personal data is made under the terms and scope of the authorization given by the owner or in application of special rules when there is any legal exception to do so.

FIFTH: RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA. HAMKKE SAS acts as RESPONSIBLE for the processing of personal data by virtue of the collection of data directly from the owners, in order to i) maintain labor relations with its employees, drawing up employment contracts, linking them to the social security system and payment of salaries and social benefits. Likewise, to maintain constant training of personnel on the different topics related to its activity, preparation for the performance of their duties; ii) to carry out the development of its object, in order to provide technology services, creation of programs, storage on servers or in the cloud, development of mobile applications, administration of software and applications; iii) to act as principal or intermediary for its clients or users of the applications and services offered by it or its related or affiliated companies iv) to make the payment of its financial, labor and contractual obligations, v) to provide information to clients regarding the services it provides in the development of its purpose, for which it may send information by electronic means, or make telephone or personal contact with the holders; vi) to process the requests made by petitions, complaints or claims formulated by clients, suppliers, employees, etc.; vii) to attend the administrative requirements of district, departmental or national entities; viii) to respond to the requirements made by judges of the republic, conciliators, arbitrators and other entities with judicial functions, derived from legal actions that are promoted by or against HAMKKE SAS for which it has obtained the prior, informed and express consent of the owners of the data and those responsible for the processing of personal data, thus guaranteeing the rights to data protection.

SIXTH: RIGHTS OF THE OWNER OF THE DATA. In accordance with the provisions of the current regulations applicable to data protection, the following are the rights of the owners of personal data:

Access, know, update, rectify and delete their personal data against HAMKKE SAS, its affiliates or related parties, in its capacity as responsible or in charge of data processing.
To request proof of the authorization granted by the owner of the data or by the person responsible for the processing of personal data to HAMKKE SAS for the processing of data, by any valid means.
Be informed by HAMKKE SAS. upon request, regarding the use given to their personal data.
To file before the Superintendence of Industry and Commerce, complaints for violations of the provisions of Law 1581 of 2012, after consultation or request to HAMKKE SAS.

Revoke the authorization or request the deletion of the data when the principles, rights and constitutional and legal guarantees are not respected in the Treatment.
Free access to your personal data that has been processed by HAMKKE SAS as the person in charge or in charge of processing personal data.
These rights may be exercised by:

The owner of the personal data.
The assignees of the owner of the personal data.
The representative and/or proxy of the owner of the personal data.
SEVENTH: CONFIDENTIALITY AND SECURITY OF DATABASES. HAMKKE SAS and its related or affiliated companies put all the human, technical and technological resources available to them, doing their best to provide security and confidentiality to the personal data for which they are responsible or in charge of processing.

Regarding confidentiality, HAMKKE SAS undertakes to sign confidentiality agreements with third parties in the events that agreements are concluded to share personal data for the offer of value-added services of a commercial, administrative, legal, loyalty and service nature.

EIGHTH: AUTHORIZATION FOR THE USE OF PERSONAL DATA. HAMKKE SAS, as RESPONSIBLE for the processing of personal data, obtains from the data owners their clear, prior, express, informed and error-free authorization, through forms, data collection formats, electronic forms and other means that it has or may have. for this purpose. In the same way, as MANAGER of the data processing, you will obtain the authorization of those responsible prior to the certification of the authorization of the holders granted to them, within the agreement to share personal data.

NINTH: AUTHORIZATION AND CONSENT OF THE HOLDER. HAMKKE SAS will ask the holders of the personal data for their authorization and will inform the purpose in advance for the processing of their personal data, except in the following cases:

a) Information required by a public or administrative entity in the exercise of its legal functions or by court order;
b) Data of a public nature;
c) Cases of medical or health emergency;
d) Treatment of information authorized by law for historical, statistical or scientific purposes;
e) Data related to the Civil Registry of Persons.
TENTH: MEANS TO GRANT THE AUTHORIZATION. HAMKKE SAS will obtain the authorization through different means, including physical, electronic documents, data messages, Internet, Websites, electronic applications, or in any other format that in any case allows the consent of the owner through unequivocal behaviors through which it is concluded that if it had not been supplied by the owner or the person entitled to do so, the data would not have been stored or captured in the database. The authorization will be requested by HAMKKE SAS, its related or affiliated companies, prior to the processing of personal data.

ELEVENTH: REVOCATION OF THE AUTHORIZATION. The holders of personal data may at any time revoke the authorization granted to HAMKKE SAS. for the treatment of your personal data or request the deletion or elimination of the same, as long as it is not prevented by a legal or contractual provision. HAMKKE SAS will establish simple mechanisms that allow the owner to revoke their authorization or request the deletion of their personal data, at least by the same means by which it was granted.

For the above, it must be taken into account that the revocation of consent can be expressed in a total way in relation to the authorized purposes, and therefore HAMKKE SAS must cease any data processing activity, and partially in relation to certain types of treatment, in which case it will be these on which the treatment activities will cease. In the latter case, HAMKKE SAS. may continue to process personal data for those purposes in relation to which the owner has not revoked his consent.

TWELFTH: GUARANTEES OF THE RIGHT OF ACCESS. To guarantee the right of access of the owner of the data, HAMKKE SAS, will make the respective personal data available to him through any suitable means, including electronic means that allow the owner direct access to them.

THIRTEENTH: TREATMENT TO WHICH THE DATA WILL BE SUBJECTED AND PURPOSE OF THE SAME. The treatment of the data of the holders with whom HAMKKE SAS has established a relationship as RESPONSIBLE or establishes a relationship as MANAGER of data processing, in order to promote the products and services that derive from the exploitation of its corporate purpose, promote alliances, acquire goods and services, and will do so based on the provisions of Law 1581 of 2012 and Law 1266 of 2008, as applicable.

From January 2021