Política De Tratamiento De Datos Personales MOMENTU S.A.S
Estos mecanismos serán electrónicos a través del correo 3155947904 o telefónicamente en la línea de atención 3155947904 , encargada de recibir las peticiones, quejas y reclamos en los teléfonos.
Personal Data Processing Policy MOMENTU S.A.S
Momentu S.A.S. based in Bogotá, with physical address Cl 74 No. 4-62, eletronic address email@example.com (hereinafter, “Momentu”) inform the Owners of the personal Data that are treated in any way by Momentu, this Policy Information Processing, (hereinafter, a “The Policy”). Thereby complying with the Law 1.581 of 2012 and Decree 1.377 of 2013. The main purpose of this policy is to inform the Owners of the Personal Data of the rigths that assist them, the procedures and mechanisms provided by Momentu, to make these rights of the Holders effective, and to inform them of the scope and purpose of the treatment to which the Personal Data will subjected in the event that the Holder grants his express authorization, prior informed.
1. MAIN DEFINITIONS
The expressions used in capital letters in this policy, shall have the meaning given to them here, or the meaning given to them by aplicable law or jurisprudence, as such law or jurisprudence is modified from time to time.
1. Authorization: Ii is the prior, express and informed consent of the Owner to carry out the processing of their Personal Data.
2. Database: Ii is the organized set of Personal Data that are subject to treatment, electronic or not, whatever the modality of its information, storage, organization and Access.
3. Financial Data: It is all the Personal Data referring to the birth, execution and termination of monetary obligations, regardless of the nature of the contract that gives rise to them, whose Treatment is governed by Law 1266 of 2008 or the regulations that complement, modify or add to it.
4. Personal Data: It is any information of any kind, linked or that can be associated with one or more specific or determinable natural or legal persons.
5. Public Data: It is the Personal Data qualified as such according to the mandates of the law or the Political Constitution and that which is not semi-private, private or sensitive. Data relating to the marital status of individuals, their profession or trade, their quality as a merchant or public servant and those that can be obtained without reservation are public, among others. Due to its nature, public data may be contained among others, in public records, oficial gazettes and bulletins, duly executed judicial decisions that are not subject to reservation.
6. Sensitive Data: It is the Personal Data that affects the intimacy of the Holder or whose improper use may generate discrimitation, such those that reveal union affiliations, racial or ethnic origin, political orientation, religious, moral or philosophical convictions, membership to trade unions, social or human rigths or that promote the interest of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sexual life and biometric data.
7. Treatment Manager: It is the natural or legal person, public or private, who by himself or in association with others, performs the processing os personal data on behalf of the Data Controller.
8. “Authorized:” It is the Company and all the people under the responsibility of the company, who by virtue of the authorization and the policies, have the legitimacy to process the personal data of the owner. The authorized includes the gender of those enabled.
9. Authorization: It is the legitimization expressly and in writting by means of a contract or document that takes its place, that the company grants to third parties, in complience with the aplicable law, for the processing of personal data, making such third parties responsable for the processing of personal data delivered or made available.
10. Responsible for Treatment: It is the natural or legal person, public or private, who by himself or in association with others, decides on the basis of data and/or the treatment of personal data.
11. Holder of personal data: It is the natural or legal person, to whom the information that rest in a database refers, and who is subject to the right of heveas data.
12. Transfer: It is the treatment of personal data that involves the comunication of the same within or outside the territory of the Republico of Colombia, when its purpose is to carry out a treatment by the person in charge on behalf of the person in charge.
13. Transmission: It is the activity of processing personal data through which they are communicated, internally or with third parties, with or outside the territory of the Republic of Colombia, when said communication is intended to carry out any processing activity by the recipient of the personal data.
14. Treatment of personal data: It is any operation and systematic procedure, electronic or not, that allows the collection, conservation, ordering, storage, modification, relatioship, use, circulation, evaluation, blocking, destruction and in general the processing of personal data, as well as its transfer to third parties through communications, consultations, interconnections, transfers and data messages.
2. THE PRINCIPLES
Momentu, in the development of its comercial activities, it will collect, use, store, transmit, and perform various operations on the personal data of the owners. In all treatment of personal data carried by Momentu, those responsable, in charge and/or third parties to whom personal data is transferred, must comply with the principles and rules established in the law and in this policy, in order to guarantee the rigth to heveas data of the owners and comply with Momentu´s obligations. These principles are:
1. Prior Authorization: All processing of personal data will be carried out once the prior, express and informed authorization of the holder, unless the law establishes an exception to this rule. In the event that the personal data has been obtained prior to the law, Momentu will seek the pertinent ordinary and alternative, means to summon the owners and obtain their retroactive authorization, following the provisions of Decree 1377 of 2013 and the concordant regulations.
2. Authorized Purpose: All personal data processing activity must obey the purposes mentioned in this policy or in the authorization granted by the owner of the personal data, or in the specific documents where each type or process of personal data processing is regulated. The purpose of the particular treatment of personal data must be informed to the owner of the personal data at the time of obtaining their authorization. Personal data may not be processed outside the functions confirmed and consented to by the data owners.
3. Quality of the Data: The personal data submitted to the tretament must be truthful, complete, exact, updated, verifiable and understandable. When in possession of partial, incomplete, fragmented or misleading Personal Data, Momentu must refrain from treating them or request the owner to complete or correct the information.
4. Delivery of information to the owner: When the owner request it, Momentu must deliver the information about the existence of Personal Data that concern the applicant. This delivery of information will be carried out by the Momentu unit in charge of the protection of Personal data (see point 7 of this policy). Restricted Circulation: Personal data can only be processed by Momentu personnel who have authorization to do so or want within their functions to be in charge of carrying out such activities. Personal data may not be delivered to those who do not have authorization or have not been authorized by Momentu to carry out the treatment.
5. Temporality: Momentu will not use the owner´s information beyond the reasonable period required by the purpose that was informed to the owner of the personal data.
6. Restricted Access: Except for expressly authorized data, Momentu may not make personal data available for Access through the internet or other mass media, unless technical and security measures are established to control access and restrict it only to those authorized persons.
7. Confidentiality: Momentu must always carry out the treatment by providing the technical, human and administrative measures that are necessary to maintain the confidentiality of the data and to prevent it from being adulterated, modified, consulted, used, accessed, eliminated or known by unauthorized persons or by authorized and unauthorized persons fraudulently, or that the personal data is lost. Any new Project that involves the processing of personal data must consult this Policy to ensure compliance with this rule.
8. Confidentiality and Subsequent Treatment: All personal data that is not public data must be treated by the controllers as confidential, even when the contractual relationship or the link between the owner of the personal data and Momentu has ended. At the termination of said link, such personal data must continue to be treated in accordance with this policy and with the law.
9. Individuality: Momentu will keep the databases in which it has the quality of Manager separate from the databases in which it is Responsible.
10. Necessity: Personal data can only be processed for the time and to the extent that the purpose of its processing justifies it.
3. TREATMENT AND PURPOSES
The personal data processed by Momentu must be submitted strictly and solely for the purposes indicated below. Likewise, the Managers or third parties who have Access to personal data by virtue of law or contract, will maintain the treatment within the following purposes:
1. Manage all the information necessary to comply with Momentu´s tax obligations and comercial, corporate and accounting records.
2. Comply with Momentu´s internal processes regarding the administration of suppliers and contractors.
3. Comply with service contracts entered into with clients.
4. Provide its services according to the particular needs of Momentu´s clients in order to fulfill the service contracts entered into, including but not limited to the verification of affiliations and rights of the individuals to whom Momentu clients will provide their services, use the personal data for marketing and/or commercialization of new services or products.
5. The other purposes determined by the responsible in processes of obtaining personal data for its treatment and that are communicated to the holders at the time of the collection of personal data.
6. The control and prevention of fraud and money laundering, including but not limited to consulting restrictive lists, and all the necessary information required for the SARLAFT.
7. The process of archiving, updating systems, protection and custody of information and Momentu databases.
8. Processes within Momentu, for development or operational and/or system administration purposes.
9. The transmition of data to third parties with whom contracts have been entered into for this purpose, for comercial, administrative, marketing and/or operational purposes, including but not limited to the issuance of cards, personalized certificates and certifications to third parties, in accordance with current legal provisions.
10. Maintain and process by computer or other means, any type of information related to client´s business in order to provide the relevant services and products.
11. The other purposes determined by the responsible in processes of obtaining Personal Data for Treatment, in order to comply with legal and regulatory obligations, as well as Momentu policies.
4. RIGHTS OF THE PERSONAL DATA HOLDER
In accordance with the law, the Holders of Personal Data have the following rights:
1. To know, update and rectify your personal Data against Momentu or those in charge of their treatment. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or those whose Treatment is expressly prohibited or has nor been authorized.
2. To Request proof of the Authorization granted to Momentu, unless the Law indicates that said Authorization is not necessary.
3. To Submit requests to Momentu or the Person in Charge of the Treatment regarding the use that has been given to your Personal Data, and for them to deliver such information.
4. To Submit to the Superintendence of Industry and Commerce complains for violations of the Law.
5. To Revoke your Authorization and/or request the deletion of your personal Data from the Momentu databases, when the Superintendence of Industry and Commerce has determined through a definitive administrative act that in the Treatment Momentu or the person in change of the Teatment has incurred in conduct contrary to the law or when there is no legal or contractual obligation to keep the Personal data in the Responsible´s database..
6. To Request access and free access to your Personal data that have been processed in accordance with the article 21.º of Decree 1377 of 2013.
7. To know the modifications to the terms of this Policy prior and efficiently to the implementation of the new modofications or, failing that, of the new Information Treatment Policy.
8. To have easy Access to the texto f this Policy and its modifications.
9. To Access in an easy and simple way the Personal Data that is under the control of Momentu to effectively exercise the rights that the law grants to the Holders.
10. To know the agency or person empowered by Momentu to whom you can submit complains, queries, claims and any other request about your Personal Data.
The Holder may exercise their legal rights and carry out the procedures established in this policy, by presenting their citizenship card or original identification document. Minors may exercise their rights personally, or through their parents or adults who have parental authority, who must prove it through the relevant documentation. Likewise, the rights of the Holder may be exercised by the successors that prove that quality, the representative and/or the holder´s agent with the corresponding accreditation and those who have made a stipulation in favor of another or for another.
5. PERSONAL DATA PROTECTION MANAGER
Momentu has designated Juan Pablo Montoya, CEO, as responsable for receiving and dealing with requests, complains, claims and queries of all kinds related to personal Data. The person in charge will process queries and claims regarding Personal Data in accordance with the law and this policy.
Some of the particular functions of this area in relation to Personal Data are:
1. To receive requests from the Holders of Personal Data, to process and to respond to those that are based on the law or these Policies, such as: Requests to update Personal Data; request toknow the Personal Data; Request for deletion of Personal Data when the Holder submits a copy of the decisión of the superintendency of Industry and Commerce in accordance with the law, requests for information on the use given to their Persona Data, request to update Personal Data, request for proof of the Authorization granted, when it has proceeded according to the law.
2. To Respond to the Holders of the Personal Data on those requests that do not proceed in accordance with the Law.
The contact details for Customer Service are:
• Physical Address: Calle 6#114-170
• E-mail address: firstname.lastname@example.org
• Phone number: 3155947904
• Contact person title: CEO
6. PROCEDURES TO EXERCISE THE RIGTHS OF PERSONAL DATA HOLDERS
Momentu has mechanisms so that the Holder, his successors in title, representative and/or attorneys-in-fact, those who stipulated by another, and/or the representative of minor Holders, make claims regarding: (i) personal Data Processed by Momentu that must be corrected, updated or deleted, or (ii) The alleged breach of Momentu´s Law duties. These mechanisms will be electronic through the e-mail: email@example.com or by telephone at the hotline 3155947904, in charge of receiving requests, complains and claims on the telephones.
Whatever the medium, Momentu will save proof of the query and its response.
1. If the applicant has the capacity to formulate the query, in accordance with the accreditation criterio established in Law 1581 of 2012 and Decree 1377 of 2013. Momentu will collect all information about the Holder that is contained in that person´s individual record or that is linked to the Holder´s identification within Momentu´s databases and will make it known to the applicant.
2. The person in charge of attending the query will respond to the applicant as long as they have the right to do so because they are the Owner of the Personal Data, their Sucessor in title, agent, representative, has been stipulated by another or for another, or is the legal responsable in the case of minors. This response will be sent within ten (10) business days from the date the request was received by Momentu.
3. In the event that the request cannot be processed within ten (10) business days, the applicant will be contacted to inform them of the reasons why the status of their request is in process. For this, the same means or one similar to the one used by the Holder to communicate his request will be used.
4. The final response to all requests will not take more tan fifteen (15) business days from the date on which the initial request was received by Momentu and will be sent by the same one by wich it was sent, except in cases where a different means of notification.
Momentu has mechanisms so that the Holder, his sucessors in title, representative and/or attorneys-in-fact, those who stipulated by another, and/or the representatives of minor Holders, make claims regarding (i) Personal Data Processed by Momentu that must be subject to correction, updating or deletion, or (ii) the alleged breach of the duties of Momentu Law.
These mechanisms will be electronic through the E-mail: firstname.lastname@example.org or by telephone on the service line 3155947904, in charge of receiving requests, complains and claims on the telephones.
1. The claim must be presented by the Holder, his successors in title or rpresentatives, or accredited in accordance with the law 1581 of 2012 and Decree 1377 of 2013, as well:
• You should go to Momentu S.A.S.:
o Eletronically to the E-mail address email@example.com
o By phone on the hotline 3155947904
• It must contain the name and the identification documento f the Holder.
• It must contain a description of the facts that give rise to the claim and the objective pursued(update, correction or deletion, or fulfillment of duties).
• You must indicate the address and the contact information and identification of the claimant.
• It must be accompained by all the documentation that the claimant wants to assert.
Momentu before attending the claim will verify the identity of the Holder of the Personal Data, his representative and/or agent, or the accreditation that there was a stipulation by another or for another. For this, you can demand the citizenship card or original identification document of the Holder, and the special, general Powers or documents that are required as the case may be.
1. If the claim or additional documentation is incomplete, Momentu will require the claimant once within five (5) days of receipt of the claim to correct the faults. If the claimant does not submit the required documentation and information within two(2) months following the date of the initial claim, it will be undestood that the claim has been withdawn.
2. If for any reason the person who receives the claim within Momentu is not competent to resolve it, he or she will transfer it to the Administrative Assistant within two (2) business days after receiving the claim, and will inform the claimant of said referral.
3. Once the claim is received with the complete documentation, a legend that says “ Claim in process” and the reason for it will be included in the Momentu Database where the Holder´s Data subject to the claim is stored, in a term not exceeding two(2) business days. This legend must be kept until the claim is decided.
The máximum term to address the claim will be fifteen(15) business days from the day following the date of receipt. When is it not posible to address the calim within said term, the interested party will be informed of the reason for the delay, and the date on which his claim will be addressed, which in no case may exceed eight(8) business days following the expiration of the firts finished.
This policy is effective as of July 1st, 2021. The Personal Data that is stored, used os transmitted will remain in our Database, base don the criterio of temporality and necessity, for as long as it is necessary for the purposes mentioned in this policy, for which they were collected.
Política de Processamento de Dados Pessoais MOMENTU S.A.S
Momentu S.A.S. domiciliado em Bogotá, com endereço físico Cl 74 No. 4-62, endereço eletrônico firstname.lastname@example.org (doravante, “Momentu”) informa aos Titulares dos Dados Pessoais que são tratados de qualquer forma pela Momentu esta Política de Tratamento de Informações (doravante, a “Política”), cumprindo assim a Lei 1.581 de 2012 e o Decreto 1.377 de 2013. O principal
- Endereço físico: Calle 6#114-170
- Endereço de e-mail: email@example.com
- Telefone: +573155947904
- Eletronicamente para o endereço de e-mail firstname.lastname@example.org
- Por telefone na linha direta 3155947904