Tratamiento de datos | Ayudartehoy

Data handling policy

Policy for the treatment of personal data

In compliance with the provisions of article 15 of the Political Constitution of Colombia, Statutory Law No. 1581 of October 17, 2012 and other regulatory norms, "Ayudarte" adopts this policy for the processing of personal data, in order to guarantee the right of any person to know, update and rectify the personal data that exists about them in the data bank or files of public or private entities and that all the owners of the data collected or obtained in the future will be informed in the exercise of all those activities that constitute processing of personal data.

I. LEGAL FRAMEWORK

Political Constitution, articles 15 and 20.
Law 1581 of October 17, 2012.
Single Decree No. 1074 of May 26, 2015 (in which Decrees 1377 of 2013 and 886 of 2014 are compiled).

II. IDENTIFICATION OF THE DATA CONTROLLER

COMPANY NAME: "Ayudarte Platform".
MAIN ADDRESS: Cali (Valle)
ADDRESS: helpyouhoy.com
EMAIL: info@ayudartehoy.com
TELEPHONE: +57 318 696 9013

III. AREA OF APPLICATION

This policy will be applicable to the personal data registered in any Ayudarte database whose owner is a natural person. This policy is mandatory and strict compliance by all employees, contractors and third parties who work on behalf of Ayudarte in Colombia. In cases where there is no employment relationship, a contractual clause must be included so that those who work on behalf of Ayudarte are obliged to comply with these policies.

IV. DEFINITIONS

For the purposes of this policy and in accordance with current regulations on the protection of personal data, the following definitions will be taken into account:

Authorization:

Prior, express and informed consent of the Owner to carry out the Processing of personal data.

Notice of Privacy:

Verbal or written communication generated by the Responsible, addressed to the Owner for the processing of their personal data, by which they are informed about the existence of the information processing policies that will be applicable to them, the way to access them and the purposes of the treatment that is intended to be given to personal data.

Database:

Organized set of personal data that is subject to treatment.

assignee:

Person who has succeeded another due to the death of the latter (heir).

Personal data:

Any information linked or that can be associated with one or several determined or determinable natural persons.

Public data:

It is the data that is not semi-private, private or sensitive. Public data is considered, among others, the data related to the marital status of people, their profession or trade and their quality as merchant or public servant. Due to its nature, public data may be contained, among others, in public records, public documents, official gazettes and bulletins, and duly executed court rulings that are not subject to confidentiality.

Sensitive data:

Sensitive data is understood to be those that affect the privacy of the Holder or whose improper use may generate discrimination, such as revealing racial or ethnic origin, political orientation, religious or philosophical convictions, membership of unions, social organizations, human rights or that promotes the interests of any political party or that guarantees the rights and guarantees of opposition political parties, as well as data related to health, sexual life, and biometric data.

Processor:

Natural or legal person, public or private, that by itself or in association with others, performs the Processing of personal data on behalf of the Data Controller.

Headline:

Natural person whose personal data is subject to Treatment.

Treatment:

Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.

Transfer:

The transfer of data takes place when the person in charge and/or in charge of the processing of personal data, located in Colombia, sends the information or personal data to a recipient, 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 of the same inside or outside the territory of the Republic of Colombia when its purpose is to carry out a treatment by the person in charge on behalf of the person in charge.

V. PRINCIPLES

For the purposes of guaranteeing the protection of personal data, Ayudarte will apply the following principles in a harmonious and comprehensive manner, in light of which the processing, transfer and transmission of personal data must be carried out:

Principle of legality:

The Processing of personal data is a regulated activity that must be subject to the provisions of the law and the other provisions that develop it.

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.

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 information subject to Treatment must be true, complete, exact, updated, verifiable and understandable. The Processing of partial, incomplete, fractional or misleading data is prohibited.

Principle of transparency:

In the Treatment, the right of the Holder to obtain from the Treatment Manager or the Treatment Manager, at any time and without restrictions, information about the existence of data that concerns him must be guaranteed.

Principle of access and restricted circulation:

The Treatment is subject to the limits that derive from the nature of the personal data, the provisions of the law and the Constitution. In this sense, the Treatment can only be carried out by persons authorized by the Owner and/or by persons provided for by law.

Personal data, except for public information, may not be available on the Internet or other means of mass disclosure or communication, unless access is technically controllable to provide restricted knowledge only to Owners or third parties authorized by law.

Safety principle:

The information subject to Treatment by the Treatment Manager or Treatment Manager must be handled with the technical, human and administrative measures that are necessary to grant security to the records, avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.

Principle of confidentiality:

All persons involved in the Processing of personal data that are not public in nature are obliged to guarantee the confidentiality of the information, even after the end of their relationship with any of the tasks included in the Treatment, and may only supply or communicate of personal data when it corresponds to the development of activities authorized by law and in its terms.

SAW. DATA PROCESSING AND ITS PURPOSE

Ayudarte will process the personal data of affiliates, suppliers, employees, contractors, or any person with whom Ayudarte has established or established a relationship, permanent or occasional, in the legal framework that regulates the matter and will be all necessary for the fulfillment of its mission.

In any case, personal data may be collected and processed to:

- Manage business contacts between an independent person qualified to provide the health care service and the person responsible for a patient or the patient who requires the care service.
- Raise funds, and make consignments of care services.
- Carry out information management between the independent service provider and the person in charge or patient who receives the care, so that the service is fulfilled at the times, dates and places, required by the person in charge or patient.
- Answer requests, complaints, or claims made by the independents who provide the service, managers or patients who receive the service.
- In general, all those procedures tending to guarantee the corporate purpose of Ayudarte.

For the treatment of personal data of children and adolescents, the procedure set forth in this policy in the section related to their rights will be followed.

sensitive data

In the case of sensitive personal data, Ayudarte may use and process them when:

The owner has given his explicit authorization, except in cases where the granting of said authorization is not required by law.
The treatment is necessary to safeguard the vital interest of the Holder and he is physically or legally incapacitated. In these events, the legal representatives must grant their authorization.
The treatment is carried out in the course of legitimate activities and with due guarantees by a foundation, NGO, association or any other non-profit organization, whose purpose is political, philosophical, religious or union, provided that they refer exclusively to its members or to people who maintain regular contact by reason of its purpose. In these events, the data may not be provided to third parties without the authorization of the owner.
The Treatment refers to data that is necessary for the recognition, exercise or defense of a right in a judicial process.
The Treatment has a historical, statistical or scientific purpose. In this event, the measures leading to the suppression of the identity of the holders must be adopted.

Without prejudice to the exceptions provided for in sensitive data, the prior, express and informed authorization of the owner is required, which must be obtained by any means that can be subject to consultation and subsequent verification.

VII. RIGHTS OF THE HOLDER OF THE INFORMATION

In accordance with the provisions of the applicable current regulations on data protection, the following are the rights of the owners of personal data:

Access, know, update and rectify your personal data against Ayudarte in its capacity as data controller. This right may be exercised, among others, against data that is partial, inaccurate, incomplete, divided, misleading, or whose processing is expressly prohibited or has not been authorized.
Request proof of the authorization granted to Ayudarte for data processing, by any valid means, except in cases where authorization is not required.
To be informed by Ayudarte, upon request, regarding the use that has been given to your personal data.
Submit to the Superintendence of Industry and Commerce, or Ayudarte, which acts in its place, complaints for violations of the provisions of Law 1581 of 2012 and the other regulations that modify, add or complement it, after consulting or requesting Ayudarte.
Revoke the authorization and/or request the deletion of the data when the Treatment does not respect the constitutional and legal principles, rights and guarantees.
Free access to your personal data that has been processed, at least once every calendar month, and whenever there are substantial changes to this policy that lead to new inquiries. These rights may be exercised by:
- The owner, who must prove his identity sufficiently by the different means that Ayudarte makes available to him.
- The successors in title of the owner, who must prove such quality.
- The representative and/or attorney of the holder, prior accreditation of the representation or empowerment.
- Other in favor or for which the holder has stipulated.

Rights of children and adolescents

In the processing of personal data, respect for the prevailing rights of minors will be ensured.

The processing of personal data of minors is prohibited, except for those data that are of a public nature, and in this case the processing must comply with the following parameters:

to. Respond to and respect the best interests of minors.
b. Ensure respect for the fundamental rights of minors.

It is the task of the State and educational entities of all kinds to provide information and train legal representatives and guardians on the possible risks that children and adolescents face regarding the improper treatment of their personal data, and provide knowledge about of the responsible and safe use by children and adolescents of their personal data, their right to privacy and protection of their personal information and that of others.

VIII. DUTIES OF Ayudarte AS RESPONSIBLE AND IN CHARGE OF THE PROCESSING OF PERSONAL DATA

Ayudarte recognizes the ownership of personal data held by people and consequently they can exclusively decide on them. Therefore, Ayudarte will use personal data to fulfill the purposes expressly authorized by the owner or by current regulations.

In the treatment and protection of personal data, Ayudarte will have the following duties, without prejudice to others provided for in the provisions that regulate or come to regulate this matter:

Guarantee the owner, at all times, the full and effective exercise of the right of habeas data.
Request and keep a copy of the respective authorization granted by the owner for the processing of personal data.
Duly inform the owner about the purpose of the collection and the rights that assist him by virtue of the authorization granted.
Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
Guarantee that the information is true, complete, exact, updated, verifiable and understandable.
Update the information in a timely manner, thus attending to all the news regarding the owner's data. Additionally, all necessary measures must be implemented so that the information is kept up to date.
Rectify the information when it is incorrect and communicate what is pertinent.
Respect the security and privacy conditions of the owner's information.
Process inquiries and claims formulated in the terms indicated by law.
Identify when certain information is under discussion by the owner.
Inform at the request of the owner about the use given to their data.
Inform the data protection authority when there are violations of the security codes and there are risks in the administration of the information of the holders.
Comply with the requirements and instructions issued by the Superintendency of Industry and Commerce on the particular subject.
Use only data whose treatment is previously authorized in accordance with the provisions of Law 1581 of 2012.
Ensure the proper use of the personal data of children and adolescents, in those cases in which the processing of their data is authorized.
Register in the database the legend "claim in process" in the manner in which it is regulated by law.
Insert in the database the legend "information under judicial discussion" once notified by the competent authority about judicial processes related to the quality of personal data.
Refrain from circulating information that is being controversial by the owner and whose blocking has been ordered by the Superintendence of Industry and Commerce.
Allow access to information only to people who may have access to it.
Use the personal data of the owner only for those purposes for which it is duly empowered and respecting in any case the current regulations on the protection of personal data.

IX. AUTHORIZATION AND CONSENT OF THE HOLDER

Helping you requires the free, prior, express and informed consent of the owner of the personal data for the treatment of the same, except in the cases expressly authorized by law, namely:

Information required by a public or administrative entity in the exercise of its legal functions or by court order.
Data of a public nature.
Cases of medical or health urgency.
Treatment of information authorized by law for historical, statistical or scientific purposes.
Data related to the Civil Registry of People

Manifestation of authorization

Authorization to Ayudarte for the processing of personal data will be granted by:

The owner, who must prove his identity sufficiently by the different means that Ayudarte makes available to him.
The successors in title of the owner, who must prove such quality.
The representative and/or attorney of the holder, prior accreditation of the representation or empowerment.
Other in favor or for which the holder has stipulated.

Means to grant authorization

Ayudarte will obtain authorization through different means, including the physical document, electronic document, data message, Internet, Websites, or in any other format that in any case allows obtaining consent through unequivocal conduct through which it is concluded that If it had not been provided 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 Ayudarte prior to the processing of personal data.

Proof of authorization

Ayudarte will keep the proof of the authorization granted by the owners of the personal data for its treatment, for which it will use the mechanisms currently available to it, as well as adopt the necessary actions to keep the record of the form and date and in the one that got this one. Consequently, Ayudarte may establish physical files or electronic repositories made directly or through third parties hired for that purpose.

Revocation of authorization

The holders of personal data may at any time revoke the authorization granted to Ayudarte for the processing of their personal data or request their deletion, as long as a legal or contractual provision does not prevent it. Ayudarte will establish simple and free 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 should be taken into account that the revocation of consent can be expressed, on the one hand, in a total way in relation to the authorized purposes, and therefore Ayudarte must cease any data processing activity; and on the other partially in relation to certain types of treatment, in which case it will be these on which the treatment activities will cease, such as for advertising purposes, among others. In the latter case, Ayudarte may continue processing personal data for those purposes in relation to which the owner has not revoked their consent.

X. PRIVACY NOTICE

The Privacy Notice is the physical document, electronic or in any other format, made available to the owner to inform him about the processing of his personal data. Through this document, the owner is informed of the information related to the existence of Ayudarte's information processing policies and that they will be applicable, the way to access them and the characteristics of the treatment that is intended to be given to personal data. .

The privacy notice must contain, at least, the following information:

The identity, address and contact details of the data controller.
The type of treatment to which the data will be submitted and the purpose thereof.
The rights of the owner
The general mechanisms arranged by the person in charge so that the owner is aware of the information treatment policy and the substantial changes that occur in it.
In all cases, you must inform the owner how to access or consult the information treatment policy.
The optional nature of the response regarding questions about sensitive data.

XI. GUARANTEES OF THE RIGHT OF ACCESS

To guarantee the right of access of the owner of the data, Ayudarte will make available to him, after proof of his identity, legitimacy, or personality of his representative, at no cost or expense, in a detailed and detailed manner, the respective personal data to through all kinds of means, including electronic means that allow direct access by the owner to them. Said access must be offered without any limit and must allow the owner the possibility of knowing and updating them online.

XII. PROCEDURE FOR THE ATTENTION OF QUERIES, CLAIMS, REQUESTS FOR RECTIFICATION, UPDATE AND DELETION OF DATA

to. inquiries

The owners or their successors in title may consult the personal information of the owner that rests in Ayudarte, who will provide all the information contained in the individual record or that is linked to the identification of the Owner. Regarding the attention to requests for consultation of personal data, Ayudarte guarantees:

Enable electronic means of communication or others that it considers pertinent.
Establish forms, systems and other simplified methods, which must be informed in the privacy notice.
Use the customer service or claims services that you have in operation.
In any case, regardless of the mechanism implemented for the attention of consultation requests, they will be attended to within a maximum term of ten (10) business days from the date of receipt.
When it is not possible to respond to the query within said term, the interested party will be informed before the expiration of 10 days, stating the reasons for the delay and indicating the date on which the query will be addressed, which in no case may exceed five (5) business days following the expiration of the first term.
Queries may be made to the email servicioalcliente@Ayudartecolombia.com.

b. claims

The Owner or his successors in title who consider that the information contained in a database must be corrected, updated or deleted, or when they notice the alleged breach of any of the duties contained in the law, may file a claim with Ayudarte, the which will be processed under the following rules:

The Holder's claim will be formulated by means of a request addressed to Ayudarte at the email info@ayudartehoy.com or by written communication addressed to the department in the legal area, with the identification of the holder, the description of the facts that give rise to the claim, the address, and accompanying the documents that you want to enforce. If the claim is incomplete, the interested party will be required within five (5) days following receipt of the claim to correct the failures. 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. In the event that the person receiving the claim is not competent to resolve it, they will transfer it to the appropriate person within a maximum term of two (2) business days and inform the interested party of the situation.
Once the complete claim is received, it will be cataloged with the label "claim in process" and the reason for it, within a term of no more than two (2) business days. Said label will be maintained 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 their claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first term.

c. Request for update and/or rectification

Ayudarte will rectify and update, at the request of the owner, the information of the latter that turns out to be incomplete or inaccurate, in accordance with the procedure and the terms indicated above, for which the following will be taken into account:

The holder must submit the request to the email servicioalcliente@Ayudartecolombia.com or in a physical medium addressed to the legal area.
Ayudarte may enable mechanisms that facilitate the exercise of this right to the holder, as long as they benefit him. Consequently, electronic means or others that it considers pertinent may be enabled, which will be informed in the privacy notice and will be made available to the interested parties on the website.

d. Data Deletion Request

The owner of the personal data has the right to request Ayudarte to delete it (eliminate) in any of the following events:

Consider that they are not being treated in accordance with the principles, duties and obligations provided for in current regulations.
They have ceased to be necessary or pertinent for the purpose for which they were collected.
The period necessary for the fulfillment of the purposes for which they were collected has been exceeded.

This deletion implies the total or partial elimination of personal information in accordance with what is requested by the owner in the records, files, databases or treatments carried out by Ayudarte. However, this right of the owner is not absolute and consequently Ayudarte may deny the exercise of it when:

The owner has a legal or contractual duty to remain in the database.
The deletion of data hinders judicial or administrative actions 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 owner; to carry out an action based on the public interest, or to comply with an obligation legally acquired by the owner.

XIII. NATIONAL DATABASE REGISTRY

Help you, will proceed in accordance with current regulations and the regulations issued for this purpose by the National Government, to register its databases, before the National Registry of Databases (RNBD) that will be administered by the Superintendence of Industry and Trade. The RNBD., is the public directory of the databases subject to Treatment that operate in the country; and that it will be freely consultable for citizens, in accordance with the regulations issued for this purpose by the National Government.

XIV. INFORMATION SECURITY AND SECURITY MEASURES

In compliance with the security principle established in current regulations, Ayudarte will adopt the technical, human and administrative measures that are necessary to grant security to the records, avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.

XV. INTERNATIONAL USE AND TRANSFER OF PERSONAL DATA AND PERSONAL INFORMATION BY Ayudarte

Ayudarte may carry out the transfer and transmission, including international, of all personal data, as long as the applicable legal requirements are met; and consequently the holders with the acceptance of this policy, expressly authorize to transfer and transmit, even internationally, personal data. The data will be transferred, for all the relationships that can be established with Ayudarte.
For the international transfer of personal data of the holders, Ayudarte will take the necessary measures so that third parties are aware of and agree to observe this policy, with the understanding that the personal information they receive may only be used for matters directly related to Ayudarte. and only while it lasts and may not be used or destined for a different purpose or purpose. For the international transfer of personal data, the provisions of article 26 of Law 1581 of 2012 will be observed.

The international transmissions of personal data carried out by Ayudarte will not require the owner to be informed or have his consent when there is a contract for the transmission of personal data in accordance with Single Decree 1074 of 2015.

Ayudarte may also share personal information with government or other public authorities (including, but not limited to, judicial or administrative authorities, tax authorities, and criminal, civil, administrative, disciplinary, and tax investigation bodies), and third parties involved in civil and legal legal proceedings. its accountants, auditors, lawyers and other advisers and representatives, because it is necessary or appropriate:

To comply with applicable laws, including laws other than those of your country of residence;
To comply with legal processes;
To respond to requests from public and government authorities, and to respond to requests from public and government authorities, other than those of your country of residence;
To enforce our terms and conditions;
To protect our operations;
To protect our rights, privacy, safety or property, yours or those of others; and
Obtain the applicable compensation or limit the damages that may affect us.

XVI. RESPONSIBLE AND IN CHARGE OF THE PROCESSING OF PERSONAL DATA

Ayudarte will be responsible for the processing of personal data. The legal area will be in charge of processing personal data, on behalf of THE ENTITY.

XVII. VALIDITY

This policy is effective as of January 3, 2020 and Ayudarte reserves the right to modify them, under the terms and with the limitations provided by law.

The databases managed by Ayudarte will be kept indefinitely, while it develops its purpose, and as long as it is necessary to ensure compliance with legal obligations, particularly labor and accounting, but the data may be deleted at any time at the request of its owner. as long as this request does not contradict a legal obligation of Ayudarte or an obligation contained in a contract between Ayudarte and the Owner.