For MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S.) the conservation, protection, integrity and confidentiality of the personal data of its customers is very important. For this we have designed a policy of storage and treatment of the information that our customers provide through the various marketing channels of our products and services (such as websites, call centers), and we are committed to the protection and proper handling of the same, according to the legal regime of protection of personal data applicable in the territory where we operate.
CHAPTER I GENERAL PROVISIONS
ARTICLE 1. DEFINITIONS.
For the purposes of the application of the rules contained in this manual and in accordance with the provisions of Article 3 of Law 1581 of 2012, it is understood by:
a) Authorization: Prior, express and informed consent of the Data Subject to carry out the Processing of personal data.
b) Privacy Notice: Verbal or written communication generated by the Controller addressed to the Data Subject for the processing of his personal data, by means of which he is informed about the existence of the information processing policies that will be applicable, the way to access them and the purposes of the processing that is intended to be given to the personal data.
c) Database: Organized set of personal data that is the object of Processing.
d) Personal data: Any information linked or that may be associated to one or several determined or determinable natural persons.
e) Private data: Data that, due to its intimate or reserved nature, is only relevant to the owner.
f) Sensitive data: Sensitive data are understood as those that affect the privacy of the Data Subject or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership in trade unions, social organizations, human rights organizations or that promote the interests 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.
g) Data Processor: Natural or legal person, public or private, that by itself or in association with others, carries out the Processing of personal data on behalf of the Data Controller.
h) Data Controller: Natural or legal person, public or private, who by himself or in association with others, decides on the database and/or the processing of the data.
i) Data Controller: Natural person whose personal data is the object of Processing.
j) Processing: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion thereof.
ARTICLE 2. OBJECT.
The purpose of this document is to regulate the procedures for the collection, handling and processing of personal data carried out by the company. MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S.)The company’s mission is to guarantee and protect the fundamental right of habeas data of its guests, visitors, clients, users and suppliers within the framework established by law. All of the above in compliance with the provisions of paragraph (k) of Article 17 of Law 1581 of 2012, which regulates the duties of those responsible for the processing of personal data, among which is to adopt an internal manual of policies and procedures to ensure proper compliance with the law and especially for the attention of queries and complaints.
ARTICLE 3. SCOPE OF APPLICATION.
This manual shall be applicable to personal data registered and to be registered in the different databases managed by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S)This means, to the databases of our guests, visitors, customers and suppliers, who provide us with their data for commercial purposes.
The information collected by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), may include, in whole or in part according to the needs of each product and/or service, among others the following data:
– First and last names. – Type and identification number. – Nationality and country of residence. – Date of birth and gender. – Marital status and/or relationship in relation to minors or disabled persons requesting our services. – Landline and cellular contact telephone numbers (personal and/or work). – Postal and e-mail addresses (personal and/or business). – Occupation or profession – Company and position. – Origin and destination – Reason for your trip – Credit card(s) information (number, bank, expiration date). – Personal data of the cardholder (name and surname, type and identification number). – Information on the address where the cardholder receives his/her bank statements.
ARTICLE 4. VERACITY OF THE INFORMATION.
Our guests, visitors, customers, clients, users and suppliers must provide truthful information about their personal data in order to make possible the provision of services by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S) and under which condition they agree to deliver the required information.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), presumes the veracity of the information provided and does not verify, nor assumes the obligation to verify, the identity of guests, visitors, customers, users and suppliers, nor the veracity, validity, sufficiency and authenticity of the data provided by each of them. Therefore, it assumes no liability for damages and/or losses of any nature that may arise from the lack of veracity, validity, sufficiency or authenticity of the information, including damages that may be due to homonymy or impersonation.
ARTICLE 5. APPLICABLE LEGISLATION.
This manual was prepared taking into account the ordinances of Law 1581 of 2012 “Whereby general provisions are issued for the protection of personal data” and Decree number 1377 of 2013 “Whereby Law 1581 of 2012 is partially regulated”.
ARTICLE 6. INFORMATION ON CHILDREN AND ADOLESCENTS UNDER THE AGE OF 18.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S)The Company will ensure the appropriate use of personal data of children and adolescents under age, guaranteeing that the processing of their data respects their best interests and fundamental rights and, as far as possible, taking into account their opinion, as owners of their personal data.
ARTICLE 7. PURPOSES OF THE PROCESSING OF PERSONAL DATA
The information collected is used to process, confirm, fulfill and provide the services and/or products purchased, directly and/or with the participation of third party product or service providers, as well as to promote and advertise our activities, products and services, carry out transactions, make reports to the different national or international administrative control and surveillance authorities, police or judicial authorities, banking entities and/or insurance companies, for internal and/or commercial administrative purposes such as, market research, audits, accounting reports, statistical analysis, billing, and offering and/or recognition of benefits of our loyalty programs.
The above, without prejudice to other purposes that have been informed in this document and in the terms and conditions of each of the products and services of each of our business units.
Please note that these activities may involve third party suppliers (such as booking system providers, travel agencies, call centers, banks, insurance companies, etc.).
– Use the information received from them, for marketing purposes of their products and services, and products and services of third parties with which MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S.) maintain a business relationship. – To provide personal data to the police or judicial control and surveillance authorities, by virtue of a legal or regulatory requirement and/or to use or disclose this information and personal data in defense of its rights and/or its patrimony insofar as such defense is related to the products and/or services contracted by its travelers, clients and users. – Allow access to information and personal data to auditors or third parties contracted to carry out internal or external auditing processes inherent to the business activity we develop. – Consult and update personal data, at any time, in order to keep such information up to date. – To contract with third parties for the storage and/or processing of information and personal data for the correct execution of the contracts entered into with us, under the security and confidentiality standards to which we are bound.
CHAPTER II AUTHORIZATION
ARTICLE 8. AUTHORIZATION.
The collection, storage, use, circulation or deletion of personal data by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), requires the free, prior, express and informed consent of the owner of the same. MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), in its capacity as responsible for the processing of personal data, has provided the necessary mechanisms to obtain the authorization of the owners ensuring in any case that it is possible to verify the granting of such authorization.
With the aforementioned authorization, the client accepts the policies and conditions set forth herein.
ARTICLE 9. FORM AND MECHANISMS FOR GRANTING THE AUTHORIZATION.
The authorization of the owner of the information will be stated in each of the channels and data collection mechanisms of MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S).
Thus, it may be recorded in a physical or electronic document or in any other format that guarantees its subsequent consultation. The authorization will be issued by the holder prior to the processing of personal data, in accordance with the provisions of Law 1581 of 2102.
The consent procedure ensures that the owner of the personal data has been made aware of the fact that his or her personal information will be collected and used for specific and known purposes, and that he or she has the option to know of any changes to the data and the specific use that has been made of it. The above in order for the holder to make informed decisions regarding their personal data and control the use of their personal information.
CHAPTER III RIGHTS AND DUTIES
ARTICLE 10. RIGHTS OF THE OWNERS OF THE INFORMATION.
In accordance with the provisions of Article 8 of Law 1581 of 2012, the holder of the personal data has the following rights:
a) To know, update and rectify their personal data before MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S.), in its capacity as data controller. b) Request proof of the authorization granted to MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S.), in its capacity as Data Controller. c) Be informed by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), upon request, regarding the use given to their personal data. d) File complaints before the Superintendence of Industry and Commerce for violations of the provisions of Law 1581 of 2012, once the consultation or complaint process has been exhausted before the Data Controller. e) To revoke the authorization and/or request the deletion of the data when the processing does not respect the constitutional and legal principles, rights and guarantees. f) Access free of charge to your personal data that have been subject to Processing.
ARTICLE 11. DUTIES OF HOTELES ESTELAR IN RELATION TO THE PROCESSING OF PERSONAL DATA.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), will keep in mind, at all times, that personal data are the property of the persons to whom they refer and that only they can decide about them. In this sense, it will use them only for those purposes for which it is duly authorized, and respecting in any case the Law 1581 of 2012 on personal data protection.
In accordance with the provisions of Article 17 of Law 1581 of 2012 MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), undertakes to comply permanently with the following duties:
a) Guarantee to the Data Subject, at all times, the full and effective exercise of the right of habeas data.
b) Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
c) Update, rectify or delete the data in a timely manner, that is, within the terms set forth in Articles 14 and 15 of Law 1581 of 2012.
d) To process the queries and claims made by the Holders under the terms set forth in Article 14 of Law 1581 of 2012.
e) Insert in the database the legend “information under judicial discussion” once notified by the competent authority about judicial processes related to the quality or details of the personal data.
f) Refrain from circulating information that is being disputed by the Holder and whose blocking has been ordered by the Superintendence of Industry and Commerce.
g) Allow access to information only to those persons who may have access to it.
h) Inform the Superintendence of Industry and Commerce when there are violations to the security codes and there are risks in the administration of the information of the Holders.
i) Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
CHAPTER IV ACCESS, CONSULTATION AND COMPLAINT PROCEDURES
ARTICLE 13. RIGHT OF ACCESS:
The power of disposition or decision that the holder has over the information that concerns him necessarily entails the right to access and know if his personal information is being processed, as well as the scope, conditions and generalities of such processing.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), will guarantee the right of access when, upon accreditation of the identity of the holder or its representative or attorney-in-fact requests it according to the provisions of Law 1581 of 2012.
The following data must be included in the application: – First and last names. – Type of document. – Document number. – Phone. – E-mail. – Country. – Subject.
ARTICLE 13. RESPONSE TO INQUIRIES.
In any case, regardless of the mechanism implemented for the attention of consultation requests, they will be attended within a maximum term of ten (10) working days from the date of receipt. When it is not possible to attend the consultation within said term, the interested party shall be informed before the expiration of the 10 days, stating the reasons for the delay and indicating the date on which the consultation will be attended, which in no case may exceed five (5) working days following the expiration of the first term.
ARTICLE 14. CLAIMS.
In accordance with the provisions of Article 14 of Law 1581 of 2012, the Data Subject or its assignees who consider that the information contained in a database should be corrected, updated or deleted, or when they notice the alleged breach of any of the duties contained in Law 1581 of 2012, may file a complaint with the Data Controller, which will be processed under the following rules:
1. The claim may be submitted by the Holder in the forms provided by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), in its Hotel registry. If the claim received does not have complete information that allows it to be processed, that is, with the identification of the Holder, the description of the facts that give rise to the claim, the address, and accompanying documents to be asserted, the interested party will be required within five (5) days of receipt 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 for any reason the Company receives a claim that in fact should not be directed against 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.
2. Once the complete claim is received, it will be included in the database maintained by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), a legend that says “claim in process” and the reason for it, within a period not exceeding two (2) business days. Such legend shall be maintained until the claim is decided.
3. 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 attend it within said term, the interested party will be informed before the expiration of said term the reasons for the delay and the date on which the claim will be attended, which in no case may exceed eight (8) working days following the expiration of the first term.
ARTICLE 15. IMPLEMENTATION OF PROCEDURES TO GUARANTEE THE RIGHT TO FILE COMPLAINTS.
At any time and free of charge, the holder or his representative may request MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), the rectification, updating or deletion of their personal data, upon proof of identity. The rights of rectification, updating or suppression may only be exercised by:
– The holder or his successors in title, upon proof of identity, or through electronic instruments that allow him to identify himself. – Its representative, after accreditation of the representation.
When the request is formulated by a person other than the owner and it is not accredited that such person is acting on behalf of the owner, it shall be deemed not to have been filed.
The request for rectification, updating or deletion must be submitted through the means enabled by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), indicated in the privacy notice and contain, at least, the following information:
1. The name and address of the holder or any other means of receiving the response. 2. The documents proving the identity or the personality of its representative. 3. The clear and precise description of the personal data with respect to which the holder seeks to exercise any of the rights. 4. If necessary, other elements or documents that facilitate the location of the personal data.
PARAGRAPH 1. RECTIFICATION AND UPDATING OF DATA.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), has the obligation to rectify and update at the request of the holder, the information that is incomplete or inaccurate, in accordance with the procedure and terms outlined above. In this regard, the following shall be taken into account: In requests for rectification and updating of personal data the holder must indicate the corrections to be made and provide the documentation supporting his request.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), is free to enable mechanisms that facilitate the exercise of this right, as long as they benefit the holder. Accordingly, electronic or other means deemed appropriate may be made available.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), may establish forms, systems and other simplified methods, which must be informed in the privacy notice and will be made available to interested parties on the website.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), will use the services of attention or customer service that it has in operation, as long as the response times are not longer than those indicated by Article 15 of Law 1581 of 2012.
Whenever MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), makes available a new tool to facilitate the exercise of their rights by the holders of information or modifies the existing ones, it will inform through its website.
PARAGRAPH 2. SUPPRESSION OF DATA.
The holder has the right, at any time, to request to MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), the suppression (deletion) of his/her personal data when:
a.) Consider that they are not being treated in accordance with the principles, duties and obligations set forth in Law 1581 of 2012.
b.) They are no longer necessary or relevant for the purpose for which they were collected.
c.) The period necessary for the fulfillment of the purposes for which they were collected has been exceeded.
This suppression implies the total or partial elimination of personal information as requested by the holder in the records, files, databases or treatments carried out by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S). It is important to bear in mind that the right of cancellation is not absolute and the responsible party may deny the exercise of the same when:
– The request for deletion of information will not proceed when the holder has a legal or contractual duty to remain in the database.
– The deletion of data hinders judicial or administrative proceedings related to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions.
– The data is necessary to protect the legally protected interests of the holder; to carry out an action in the public interest, or to comply with an obligation legally acquired by the holder.
In case the cancellation of personal data is appropriate, MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S.) must carry out the deletion in such a way that the elimination does not allow the recovery of the information.
ARTICLE 16. REVOCATION OF THE AUTHORIZATION.
The holders of personal data may revoke their consent to the processing of their personal data at any time, as long as it is not prevented by a legal provision. To do so, please contact MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), by e-mail: firstname.lastname@example.org or by cell phone 3215115242.
It should be noted that there are two ways in which revocation of consent may occur. The first can be on the totality of the consented purposes, that is, that MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S) The second may occur for specific types of processing, such as for advertising or market research purposes. With the second modality, that is, the partial revocation of consent, other purposes of the processing that the data controller, in accordance with the authorization granted, may carry out and with which the data subject agrees, remain unaffected.
Therefore, it will be necessary that the holder at the time of submitting the request for revocation of consent to MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), indicate whether the revocation is total or partial. In the second hypothesis, it should be indicated with which treatment the holder does not agree. There will be cases in which the consent, due to its necessary nature in the relationship between the owner and the person responsible for the fulfillment of a contract, by legal provision cannot be revoked. The mechanisms or procedures that MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S) establishes to meet the requests for revocation of consent may not exceed the deadlines set to meet the claims as stated in Article 15 of Law 1581 of 2012.
CHAPTER V INFORMATION SECURITY
ARTICLE 17. SECURITY MEASURES.
In development of the security principle established in Law 1581 of 2012, MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S) has adopted the technical, human and administrative measures necessary to provide security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.
Notwithstanding the foregoing, the customer assumes the risks derived from providing this information in a medium such as the Internet, which is subject to several variables – attacks from third parties, technical or technological failures, among others. MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S) will use its best technological efforts to ensure the security of the personal information of all its customers and/or users, employing reasonable and current security methods to prevent unauthorized access, to maintain the accuracy of the data and to ensure the correct use of the information.
ARTICLE 18. IMPLEMENTATION OF SECURITY MEASURES.
MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S) will maintain security protocols of mandatory compliance for personnel with access to personal data and information systems. The procedure shall consider, as a minimum, the following aspects:
a) Third parties hired by MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S), are obliged to adhere and comply with the information security policies and manuals, as well as the security protocols that we apply to all our processes.
b) Any contract of MIRADOR CERRO VERDE (Inversiones Jarapineda S.A.S) with third parties (contractors, external consultants, temporary collaborators, etc.) involving the processing of personal information and data, shall include a confidentiality agreement detailing their commitments for the protection, care, security and preservation of the confidentiality, integrity and privacy of the same.
c) Scope of the procedure with detailed specification of the protected resources.
d) Measures, norms, procedures, rules and standards aimed at guaranteeing the level of security required by Law 1581 of 2012.
e) Functions and duties of the personnel.
f) Structure of the personal databases and description of the information systems that process them.
g) Procedure for notification, management and response to incidents.
h) Data backup and recovery procedures.
i) Periodic controls to be carried out to verify compliance with the provisions of the safety procedure to be implemented.
j) Measures to be adopted when a medium or document is to be transported, discarded or reused.
k) The procedure shall be kept up to date at all times and shall be reviewed whenever relevant changes occur in the information system or its organization.
l) The content of the procedure shall at all times comply with the provisions in force regarding the security of personal data.
CHAPTER VI FINAL PROVISIONS
ARTICLE 20. VALIDITY OF THE TREATMENT OF INFORMATION AND PERSONAL DATA.
The information provided by customers and users will remain stored for a period of up to fifteen (15) years from the date of the last treatment, to allow us to comply with legal obligations and / or contractual obligations, especially in accounting, fiscal and tax matters.