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Personal data policies

POLICIES AND PROCEDURES FOR PROCESSING PERSONAL DATA MATT SAS 


  • PURPOSE OF THE PERSONAL DATA PROCESSING POLICY

 

MATT SAS (hereinafter "MATT" or the "Company"), committed to the security of the personal information of its users, customers, suppliers, contractors, employees and the general public, in order to strictly comply with current regulations on the protection of Personal Data contained in Law 1581 of 2012 and Decree 1377 of 2013 and other provisions that modify, add or complement them, it is allowed to present the Personal Data Treatment Policy (hereinafter the "Policy").

 

In this Policy, the Company details the procedures and policies to protect the Personal Data of the Holders, as well as the purposes for which Personal Data is collected, the rights of the Holders and the procedures that must be exhausted to exercise said rights and the area responsible for dealing with complaints and claims.

 

The Policy will apply to all Processing carried out by the Company, its employees, representatives, agents and contractors and, as appropriate, by those third parties with whom all or part of the performance of any activity related to or related to the Treatment of Personal Data in the territory of the Republic of Colombia.

 

The Policy is addressed to all Holders whose Personal Data is submitted to Processing as a consequence or on the occasion of the relationship they have with the Company, whether said Processing is carried out by the Company or by third parties who do so on behalf of the Company.

 

MATT, in compliance with the constitutional right to Habeas Data, only performs Personal Data Treatment, when it has been previously authorized by its Owner, implementing for this purpose, clear measures on confidentiality and privacy that avoid adulteration, loss, consultation, use or unauthorized or fraudulent access to Personal Data. 


  • DEFINITIONS 

 

The terms defined below shall have the meaning indicated below. In the event of any difference between the terms defined herein and those established in Law 1581 of 2012, those terms shall be preferred.


  • Personal data: Any information linked or that can be associated with one or more specific or determinable natural persons.
  • Sensitive Data: Those Personal Data whose improper use affects the privacy of the Holder or may generate discrimination. 
  • Treatment Manager: It is the natural or legal person, public or private, that by itself or in association with others, performs Personal Data Processing on behalf of the Data Controller.
  • Responsible for Treatment: Natural or legal person, public or private, that by itself or in association with others, performs Personal Data Processing. For the purposes of this Policy, it will be the Company. 
  • Headline: Natural or legal person whose Personal Data is subject to Treatment.
  • Transfer: The Transfer of data takes place when the Responsible and/or Responsible for the Processing of Personal Data, located in Colombia, sends the information of the Personal Data to a receiver, who in turn is responsible for the Treatment and is located inside or outside the country.
  • Transmission: Treatment of Personal Data that implies the communication to a third party of the same within or outside the territory of the Republic of Colombia, when said communication is intended to carry out a Treatment by the Manager on behalf of and on behalf of the Responsible, to comply with the purposes of the latter.
  • Treatment: Any operation or set of operations, electronic, automatic or mechanical that is carried out on Personal Data, which allow the collection, storage, use, circulation, conservation, ordering, storage, modification, relationship, evaluation, blocking, destruction and, in general, the processing of Personal Data, as well as its Transfer and/or Transmission to third parties through communications, consultations, interconnections, assignments, data messages. 


  • PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA

 

This Policy is governed by and will be applicable to the principles that govern the Processing of Personal Data, as follows: 


  • Principle of legality: The Processing of Personal Data is a regulated activity that must be subject to the provisions of Law 1581 of 2012 and Decree 1377 of 2013 and in the other provisions that develop, add or modify it.
  • Principle of purpose: The Treatment must obey a legitimate purpose in accordance with the Constitution and the Law, which will be informed to the Holder.
  • Principle of freedom: The Treatment can only be exercised with the prior, express and informed consent of the Holder. Personal Data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that relieves consent.
  • Principle of veracity or quality: The Personal Data subject to Treatment must be truthful, complete, accurate, updated, verifiable and understandable. The Processing of partial, incomplete, fragmented or misleading data is prohibited.
  • Transparency principle: In the Treatment, the right of the Owner to obtain from the Responsible or the Manager, at any time and without restrictions, information about the existence of Personal Data that concerns him or her must be guaranteed.
  • Principle of restricted access and circulation: The Treatment is subject to the limits that derive from the nature of the Personal Data. In this sense, the Treatment can only be done by persons authorized by the Owner and/or by the persons provided for in Law 1581 of 2012.
  • Safety principle: The information subject to Treatment by the Person Responsible for Treatment or Person in Charge of Treatment, 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. .
  • Confidentiality principle: All persons involved in the Processing of Personal Data that are not of a public nature are obliged to guarantee the confidentiality of the information, even after the end of their relationship with any of the tasks that the Processing comprises, and may only supply or communicate of Personal Data when this corresponds to the development of the activities authorized in Law 1581 of 2012 and in the terms thereof.

  • AUTHORIZATION, TREATMENT AND STORAGE OF PERSONAL DATA

 

To carry out any Processing of Personal Data, the Company will request, at the latest at the time of the collection of Personal Data, an authorization from the Holders to carry out said Processing, informing about the specific purposes for which said consent is obtained. The Personal Data collected therefore, may only be used by the Company, its employees, representatives, agents and contractors and, as appropriate, by those third parties with whom all or part of the performance of any activity related to, or related to the Processing of Personal Data for the purposes described in this Policy. The Company will inform the Holder, upon request made in accordance with the procedures provided for this purpose, about the authorized persons and/or third parties with whom all or part of the Treatment is agreed.

 

The Company does not normally collect Personal Data from children under 18 years of age. However, in the event that it is required, it will request the consent of parents, guardians or legal representatives before carrying out the Treatment. For the Treatment of this Personal Data, the Company will ensure that it responds to and respects the best interests of minors under 18 years of age, (ii) will ensure respect for their fundamental rights and, (iii) will listen to the minor to assess their opinion in accordance with the maturity, autonomy and ability to understand the matter.

 

In the case of sensitive Personal Data, the Holder will be informed that said data corresponds to the category of "Sensitive Data", with which he is not obliged to authorize its Treatment. In any case, the Company will expressly inform you of the purposes for which it requests Sensitive Data and will strictly observe the legal limitations on the Processing of Sensitive Data. 

 

The Company will submit Sensitive Data to Treatment only when the Holder has granted his authorization, except in cases in which the law does not require said authorization. When The Company will not condition, in any case, any activity to the delivery of Sensitive Data.

 

Although the Company has a solid and reliable technological infrastructure, which allows it to process Sensitive Data with the greatest diligence and security standards, there are circumstances inherent to the Treatment that may expose Personal Data to certain risks, which includes but it is not limited to security risks, virus risks, corruption risks and service outages, among others.

 

The authorization of the Holders may be manifested by: (i) in writing, (ii) orally or (iii) through unequivocal behaviors that allow a reasonable conclusion that the authorization was granted. 

 

MATT will keep proof of such authorizations in an appropriate manner, respecting the principles of confidentiality and privacy of information. 


  • PURPOSES AND TYPES OF PERSONAL DATA SUBMITTED TO TREATMENT


  • Type of Personal Data that is included in the MATT database 

 

Los siguientes son los Datos Personales de los Titulares que son recolectados por MATT en desarrollo de su objeto social: (i) nombres y apellidos; (ii) sexo del Titular de los datos; (iii) fecha de nacimiento; (iv) dirección; (v) ciudad; (vi) teléfono y (vii) correo electrónico. No obstante, la Compañía podrá solicitar los Datos Personales que considere necesarios para su operación, los cuales serán informados debidamente por la Compañía a más tardar al momento de la recolección. Todos los Datos Personales recolectados podrán ser almacenados y alojados en Colombia y/o en el exterior.


  • Purposes of the Processing of Personal Data

 

The Personal Data that MATT collects are included in a database to which only the Company's personnel authorized to do so in the exercise of their functions have access, noting that in no case is authorized for the Treatment of Personal Data for purposes other than those described here:  


  • Carry out advertising and marketing campaigns to offer discounts or promotions of own or third-party products or services;
  • Inform about changes of products or services;
  • Implement loyalty programs;
  • Evaluate the quality of products and services;
  • Prepare market studies that allow establishing consumption preferences or determining payment habits;
  • Advance commercial agreements, events or institutional programs directly or in association with third parties;
  • Provide products and services directly or through third parties, and receive feedback;
  • Inform about new products or services;
  • Statistical research activities;
  • Send information about activities carried out by the Company or send information that is considered of interest through different means; 
  • Comply with the legal obligations of information to the administrative entities, as well as to the competent authorities that require it; 
  • Execute the obligations derived from the commercial and labor contracts in which MATT is a party;
  • Support the Company's audit processes;
  • Conduct satisfaction surveys;
  • Confirm the data necessary for the delivery of products and/or provision of services;
  • Carry out the procedures for dealing with PQRs submitted to the Company;
  • Any other purpose that may result in the development of the contract or the commercial relationship between MATT and the Holder. 

 

In any case, the Company may request Personal Data for purposes other than those established here, taking into account that said purposes will be previously informed and, at least, at the time of collection.

 

The Personal Data provided by the Holder, will only be used for the purposes indicated here and once the purpose of the Treatment for which they were collected ceases, they will be eliminated from the MATT databases. 


  • RIGHTS OF PERSONAL DATA HOLDERS

 

In accordance with art. 8 of Law 1581 of 2012, the Holder of Personal Data will have the following rights: 


  • Know, update and rectify your Personal Data in front of the Treatment Managers or Treatment Managers. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or those whose Treatment is expressly prohibited or has not been authorized;
  • Request proof of the authorization granted to the Data Controller except when the law indicates that the authorization is not necessary, in accordance with the provisions of article 10 of Law 1581 of 2012;
  • Be informed by the Treatment Manager or the Treatment Manager, upon request, regarding the use that has been given to your Personal Data;
  • Submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and other regulations that modify, add or complement it;
  • 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 Superintendence of Industry and Commerce has determined that in the Treatment the Person in Charge or in Charge of the Treatment has incurred in conduct contrary to this law and the Constitution;
  • Free access to your Personal Data that has been processed.

The exercise of the Rights may be carried out by (i) the Holder, who must prove his identity sufficiently by the different means made available by the Data Controller, (ii) his successors in title, who must prove such quality, (iii) the representative and/or proxy of the Holder, prior accreditation of the representation or power of attorney and, (iv) by stipulation in favor of another or for another.

The rights of children or adolescents will be exercised by the people who are empowered to represent them.

 

  • PROCEDURES FOR THE EXERCISE OF THE RIGHTS OF HOLDERS REGARDING PERSONAL DATA

 

The Personal Data submitted to Treatment and included in the Company's databases, are collected in the exercise of activities developed by reason of or on the occasion of the commercial, contractual, labor links or of any other nature that the Company develops with the Holders. .

 

The Company has different channels such as our website, social networks, telephone service line, commercial and employment contracts, through which the Company obtains the Personal Data referred to in this Policy. At any time, the Company may use any other channel, instrument and/or means to process Personal Data.

 

The Personal Data collected by the Company is stored through duly licensed software, which is supplied by specialized providers in the field, with whom confidentiality agreements are signed for the adequate protection of said data. The software system has all the necessary measures aimed at protecting Personal Data against loss, abuse, adulteration, fraud or access/use by unauthorized third parties.

 

In order to protect and maintain the confidentiality of the Personal Data of the Holders, the Company determines that the procedure to know, update, rectify, delete information or revoke the authorization for the Treatment of Personal Data, implies the duty of the Holder to contact MATT through the means provided for it, namely: (i) Making the request by telephone through the service lines provided for it in accordance with the provisions of this Policy; (ii) Sending a written request scanned to the email provided by the Company, which must be accompanied by a copy of the Holder's identity document or (iii) Sending a written request to the registered office of the Company, which must be accompanied of a copy of the Holder's identity document.

 

The Holders of the Personal Data may, at any time, request the Company to delete their data and/or revoke the authorization. The right of deletion is not absolute and the Company may deny its exercise in the following events: (i) When the Holder has a legal or contractual duty to remain in the database or the Data Controller has a legal or contractual obligation that requires you to keep the Personal Data; (ii) The elimination of Personal Data hinders judicial or administrative actions related to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions; (iii) The Personal Data is necessary to protect the legally protected interests of the Holder, to carry out an action based on the public interest, or to comply with an obligation legally acquired by the Holder or the Treatment Manager.


  • Procedure to know, update, rectify, delete information or revoke the Authorization.

 

The Holder of the Personal Data, his successors in title, his representatives and/or attorneys-in-fact may make QUERIES about the Personal Data that resides in the Company's databases, in accordance with the following rules:

  • The request will be analyzed to verify the identification of the Holder. If the request is made by a person other than the Holder and it is not proven that the person acts on behalf of the Holder in accordance with current laws, the request will be rejected. 


  • All inquiries will be answered within a maximum term of ten (10) business days from the date of receipt of the same. When it is not possible to attend the query within said term, the interested party will be informed, stating the reasons for the delay and indicating the date on which their query will be attended, which in no case may exceed five (5) business days following the expiration of the first term. 


  • Procedure for submitting CLAIMS for updating, correcting, deleting, revoking the authorization.

 

The Holder, or his successors in title, who consider that the information contained in the MATT Databases should be subject to correction, update or deletion, or when they notice the alleged breach of any of the Company's duties, may submit a CLAIM of according to the following rules:

  • The request will be analyzed to verify the identification of the Holder. If the request is made by a person other than the Holder and it is not proven that the person acts on behalf of the Holder in accordance with current laws, the request will be rejected.
  • The claim must contain the following information: (i) The identification of the Holder. (ii) Contact information (physical and/or electronic address and contact telephone numbers); (iii) The documents that prove the identity of the Holder, or the representation; (iv) The clear and precise description of the Personal Data with respect to which the Holder seeks to exercise any of the rights; (v) The description of the facts that give rise to the claim; (vi) The documents that you want to assert; (vii) Signature and identification number.
  • If the claim is incomplete, the Company will require the interested party within five (5) days after 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.
  • If the area that receives the claim is not competent to resolve it, it will transfer it to the appropriate person within a maximum term of two (2) business days and will inform the interested party of the situation. 
  • Once the complete claim is received, a legend will be included in the database that says "claim in process" and the reason for it, in a term not exceeding two (2) business days. Said legend must be kept until the claim is decided. 
  • The maximum term to address the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to address the claim within said term, the interested party will be informed of the reasons 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 first finished.
  • The Owner has the right, at any time, to request the deletion of their Personal Data. The suppression implies the total or partial elimination of the Personal Data from the Databases, in accordance with the request of the Owner. The right of deletion is not absolute and the Company may deny its exercise in the following events: (i) The Holder has a legal or contractual duty to remain in the database or the Responsible has a legal or contractual obligation that requires him to maintain Personal Data; (ii) The elimination of Personal Data hinders judicial or administrative actions related to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions; (iii) The Personal Data is necessary to protect the legally protected interests of the Holder, to carry out an action based on the public interest, or to comply with an obligation legally acquired by the Holder or the Responsible.


  • INFORMATION AND MECHANISMS PROVIDED BY MATT AS RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA

 

Business name

MATT SAS

TIN

901492626

Home

Medellin 

Address

Cra 34 # 7 – 11

phones

3052167699

Email

2g@matt.com.co

Web page

home


  • AREA RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA

 

The Administrative Area of MATT is in charge of receiving requests, complaints or claims from the owners of personal data. This area will be in charge of carrying out the internal management that is necessary in order to guarantee a clear, efficient and timely response to the Data Owner.


  • VALIDITY OF THE POLICY

 

This Matt Policy is effective as of its publication.

 

The Personal Data subject to Treatment will remain in the Company's Databases, based on the criterion of temporality for the contractual term of the product or service, in accordance with the purposes mentioned in this Policy. 

 

The Company may modify this Policy when it deems it necessary without notifying the Owner of Personal Data, provided that the modifications are not substantial. A substantial modification for the purposes of this Policy will be understood as a change in relation to the purposes of the Processing and/or the contact details of the Data Controller.