This document consecrates a description of the policy for the treatment of personal data of natural persons (hereinafter the Policy) that is applied by REVISTA PRIMETIME. in compliance with Law 1581 of 2012 “By which general provisions are issued for the protection of personal data” and its regulatory decree (or any other norm that regulates, adds, executes, complements, modifies, deletes or repeals Law 1581 of 2012).
- Object
This Policy establishes the legal guidelines under which REVISTA PRIMETIME processes personal data, establishing the purposes, the rights of the personal data holders, as well as the procedures for the exercise of such rights before REVISTA PRIMETIME.
- Definitions:
The following definitions are terms that are enshrined in Law 1581 of 2012 and that must be taken into account in order to understand this Policy.
a) Authorization: prior, express and informed consent of the Owner to carry out the Processing of personal data;
b) Database: organized set of personal data that is subject to Treatment;
c) Personal data: any information linked or that can be associated with one or several determined or determinable natural persons;
d) 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;
e) Responsible for the Treatment: natural or legal person, public or private, that by itself or in association with others, decides on the database and/or the Treatment of the data;
f) Owner: natural person whose personal data is subject to Treatment;
g) Treatment: any operation or set of operations on personal data;
h) Sensitive data: those related to racial or ethnic origin, membership in unions, social or human rights organizations, political or religious convictions, sexual life, biometric or health data. This information may not be provided by the Holder of this data.
- Principles that guide the processing of personal data:
The processing of personal data must be carried out respecting the general and special rules and principles established in Law 1581 of 2012 and its regulatory decree, among which are:
a) Principle of legality in terms of data processing: the processing of personal data is a regulated activity that must be subject to the provisions of Law 1581 of 2012 and other provisions that develop it.
b) Principle of purpose: the Processing of personal data obeys a legitimate purpose in accordance with the Constitution and Law 1581 of 2012, which must be informed to the Holder.
c) Principle of freedom: Treatment may only be exercised with the prior, express and informed consent of the Owner. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that relieves consent;
d) Principle of veracity or quality: the information subject to Treatment must be truthful, complete, exact, verifiable and understandable. The Processing of partial, incomplete, fractional or misleading data is prohibited;
e) 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;
f) Principle of restricted access and circulation: Treatment is subject to the limits derived from the nature of personal data, the provisions of this law and the Constitution. 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.
g) Principle of security: the information subject to Treatment by the Treatment Manager or Treatment Manager referred to in Law 1581 of 2012, must be handled with the technical, human and administrative measures that are necessary to grant security to the records. avoiding its adulteration, loss, consultation, use or unauthorized or fraudulent access;
h) 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, Being able to supply or communicate personal data only when it corresponds to the development of the activities authorized in Law 1581 of 2012 and in its terms.
- Authorization:
4.1. Each personal data that is going to be used by REVISTA PRIMETIME must have an authorization and the same must be obtained from the owner in advance and at the latest at the time of personal data collection, either: (i) orally; (ii) written; (ii) check box; (iv) registration form; through unequivocal behaviors of the Data Owner that allow a reasonable conclusion that he granted the authorization. Notwithstanding the foregoing, in no case may the silence of the data owner regarding the authorization be assimilated to unequivocal conduct.
4.2. At the time of requesting authorization, the owner of the data must be informed:
(a) The Treatment to which your personal data will be submitted and the purpose thereof;
(b) The optional nature of the answer to the questions that are asked, when these are about sensitive data or about the data of girls, boys and adolescents;
(c) The rights that assist you as a Holder;
(d) The identification, physical or electronic address and telephone number of the Treatment Manager.
4.3. Cases in which authorization is not required: the authorization of the Holder will not be necessary in the case of:
(a) Information required by a public or administrative entity in the exercise of its legal functions or by court order.
(b) Data of a public nature.
(c) Cases of medical or health urgency.
(d) Treatment of information authorized by the Law for historical, statistical or scientific purposes.
(e) Data related to the Civil Registry of People.
- Treatment
Personal data is collected, stored, organized, used, filtered, analyzed, circulated, transmitted, transferred, updated, rectified, deleted, eliminated, crossed with own information and/or authorized third parties and in general managed according to and in proportion to the purpose or purposes of each treatment.
5.1. Treatment of sensitive data:
Sensitive data: in accordance with the provisions of Law 1581 of 2012 in its article 5, sensitive data is understood as: “those that affect the privacy of the Holder or whose improper use can generate discrimination, such as that reveal racial or ethnic origin , political orientation, religious or philosophical convictions, membership of 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 , to sexual life and biometric data”.
REVISTA PRIMETIME will apply the legal limitations to the processing of sensitive data, for which reason it will ensure that:
a) The Holder has given his explicit authorization to said Treatment, except in cases where the granting of said authorization is not required by law.
b) The Treatment is necessary to safeguard the vital interest of the owner and he is physically or legally incapacitated. In these events, the legal representatives must grant their authorization.
c) 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 trade union, provided that 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.
d) The Treatment refers to data that is necessary for the recognition, exercise or defense of a right in a judicial process.
e) The Treatment has a historical, statistical or scientific purpose. In this event, the measures leading to the suppression of the identity of the holders will be adopted.
5.2. Treatment of personal data of children and adolescents:
In principle, Law 1581 of 2012 prohibits any processing of personal data of children and adolescents.
Notwithstanding the foregoing, the interpretation given by the Constitutional Court exceptionally establishes the Processing of personal data of children and adolescents when the following criteria are met:
(a) The purpose of the treatment responds to the best interests of the children and adolescents.
(b) Ensure respect for the fundamental rights of children and adolescents.
(c) In accordance with the maturity of the child or adolescent, her opinion is taken into account.
(d) The requirements set forth in Law 1581 of 2012 for the processing of personal data are met.
Thus, once these requirements are met, the Processing of personal data can be carried out, however it is clear that the authorization for said treatment must be granted by the legal representative of the minor, who, in principle, will be jointly their parents. , and the provisions of Law 1581 of 2012 must be applied, that is, the prior authorization provided for in said Law.
- Purposes:
The personal information of the Owners that is processed has the following purposes:
(a) Strengthen the REVISTA PRIMETIME brand.
(b) Carry out statistical studies that allow designing improvements in the services provided.
(c) Manage basic administration tasks.
(d) Inform by any means, current and future news, products and/or services related to news, promotional activities and other commercial purposes directly or indirectly related to the activity of REVISTA PRIMETIME.
(e) Sending advertising material related to the products and/or services of REVISTA PRIMETIME.
(f) Analyze and measure the quality of the products and services offered by REVISTA PRIMETIME.
(g) To be used by REVISTA PRIMETIME in the ordinary course of business.
(h) Design improvements to products, processes, services, create new products and services as a digital means of dissemination.
- Duties of REVISTA PRIMETIME as responsible for the processing of personal data:
Those Responsible for Treatment must comply with the following duties, without prejudice to the other provisions set forth in this law and in others that govern their activity:
(a) Guarantee the Owner, at all times, the full and effective exercise of the right of habeas data;
(b) Request and keep, under the conditions provided in this law, a copy of the respective authorization granted by the Holder;
(c) Duly inform the Holder about the purpose of the collection and the rights that assist him by virtue of the authorization granted;
(d) Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access;
(e) Guarantee that the information provided to the Treatment Manager is true, complete, accurate, updated, verifiable and understandable;
(f)) Update the information, communicating in a timely manner to the Treatment Manager, all the news regarding the data that he has previously provided and adopt the other necessary measures so that the information provided to him is kept updated;
(g) Rectify the information when it is incorrect and communicate what is pertinent to the Treatment Manager;
(h) Provide the Treatment Manager, as the case may be, only data whose Treatment is previously authorized in accordance with the provisions of this law;
(i) Demand from the Treatment Manager at all times, respect for the conditions of security and privacy of the Holder’s information;
(j) Process the queries and claims formulated in the terms indicated in this law;
(k) Adopt an internal manual of policies and procedures to guarantee adequate compliance with this law and especially, for the attention of queries and claims;
(l) Inform the Treatment Manager when certain information is under discussion by the Holder, once the claim has been filed and the respective process has not been completed;
(m) Inform at the request of the Holder about the use given to his data;
(n) 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.
(ñ) Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
- Duties of REVISTA PRIMETIME, in case of acting as person in charge of the processing of personal data:
The Treatment Managers must comply with the following duties, without prejudice to the other provisions set forth in this law and in others that govern their activity:
(a) Guarantee the Owner, 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) Timely update, rectify or delete data under the terms of this Law;
(d) Update the information reported by the Treatment Managers within five (5) business days from its receipt;
(e) Process the queries and claims made by the Holders in the terms indicated in this Law;
(f) Adopt an internal manual of policies and procedures to guarantee adequate compliance with this Law and, especially, for the attention of queries and claims by the Holders;
(g) Register in the database the legend “claim in process” in the manner in which it is regulated in this Law;
(h) Insert in the database the legend “information in judicial discussion” once notified by the competent authority about judicial processes related to the quality of personal data;
(i) Refrain from circulating information that is being disputed by the Holder and whose blocking has been ordered by the Superintendence of Industry and Commerce;
(j) Allow access to information only to persons who may have access to it;
(k) Inform the Superintendence of Industry and Commerce when there are violations of the security codes and there are risks in the administration of the information of the Holders;
(l) Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
PARAGRAPH 1. In the event that the qualities of Treatment Manager and Treatment Manager concur in the same person, compliance with the duties provided for each one will be required.
PARAGRAPH 2. REVISTA PRIMETIME will ensure that the Personal Data Processors comply with the obligations established herein.
- Rights of the Holders:
REVISTA PRIMETIME will ensure that the rights of the owners of the personal data found in its databases are complied with, these rights are:
a) Know, update and rectify your personal data before REVISTA PRIMETIME. 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.
b) Request proof of the authorization granted, except when expressly excepted by law as a requirement for Treatment, in accordance with the provisions of article 10 of Law 1581 of 2012 (or failing that with the regulations that regulate it) , add, execute, complement, modify, delete or repeal) or when the continuity of the treatment has been presented in accordance with article 10 numeral 4 of Decree 1377 of 2013.
c) Be informed by REVISTA PRIMETIME, upon request, about the existence of data that concerns you and the use that has been given to your personal data.
d) Be informed, upon request, regarding the use that has been given to your personal data.
e) Submit complaints to the Superintendence of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and other regulations that modify, add or complement it;
f) 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. 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 has incurred in conduct contrary to the law and the Constitution;
The request to delete the information and the revocation of the authorization will not proceed when the Owner has a legal or contractual duty to remain in the database or the person in charge has a legal or contractual duty to continue with the Treatment.
g) Free access to your personal data that have been processed.
- Procedures for Consultations and Complaints
For the purposes of the Holders of the information, they can make requests, queries and claims, know, update, rectify, delete information and revoke the authorization granted or request proof of it and in general exercise their rights, the address has been provided email contacto@revistaprimetime.com addressed to REVISTA PRIMETIME.
10.1 Consultations: the holders or their heirs can consult the personal information of the Holder that rests in any database, whether in the public or private sector.
The person in charge or in charge of the Treatment must deliver all the information that is related to the Owner of the data.
10.1.1. Term: inquiries must be answered within a maximum term of ten (10) business days from the date of receipt thereof. When it is not possible to attend to the query within said term, the interested party will be informed of their query, stating the reasons for the delay and indicating the date on which their query will be addressed, which in no case may exceed the following five (5) days. at the expiration of the first term.
10.2. Claims: the Holder or his heirs who consider that the information contained in a database should be subject to: correction, updating or deletion, or when they notice that there is an alleged breach of the duties contained in the law, may file a claim.
10.2.1. Requirements to file claims:
(a) The claim must be addressed to the person in charge or in charge of the Treatment;
(b) It must contain identification of the holder.
(c) Description of the facts that give rise to the claim.
(d) The physical address or email; and
(e) The documents required to support the claim;
10.2.2. If the claim is incomplete: the interested party will be required within five (5) days of receiving it to correct the faults. If after two (2) months the interested party does not present the required information, it will be understood that he has withdrawn the claim.
10.2.3. If the claim is complete: once the claim is received and no later than two (2) business days after receiving it, it will be included in the database with a legend that says “claim in process” and the reason for it. . Said legend must remain until the claim is decided.
10.2.4 Term: 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.
10.3. When the deletion of data is requested, it cannot be done when:
(a) It is a legal or contractual obligation to keep said data.
(b) Keeping the data is essential to safeguard the interests of the Owner or the Public Interest.
(c) The deletion hinders or hinders the exercise of the functions of the administrative or judicial authorities.
10.4. When the revocation of the authorization is requested, it is necessary that the interested party inform precisely if the revocation is total or partial. The revocation of the authorization is partial when the interested party states that he wishes to revoke the Processing of his personal data for certain specific purposes such as advertising, contests, consumer studies, etc. The revocation of the authorization will be complete when the Processing of personal data is requested to stop for all authorized purposes.
Complaints before the Superintendence of Industry and Commerce:
The Holder or successor in title may only file a complaint with the Superintendence of Industry and Commerce once the consultation or claim procedure provided in the Policy has been exhausted.
- Policy Changes
REVISTA PRIMETIME reserves the right to revise this Policy at any time. REVISTA PRIMETIME will post any changes to this Policy where they are made available. When substantial modifications are made to this Policy, this fact will be communicated to the holders of the information by sending a notice to the email they have registered, before or at the latest at the time of implementation, informing them that they can consult the new policy at the site where they are available. Said notice will indicate the effective date of the new policy. When the change refers to the purposes of the treatment, a new authorization will be requested from the owners to apply them.
- Requirements of the Authorities
REVISTA PRIMETIME will cooperate with the competent authorities to guarantee compliance with the laws, regarding the protection of industrial property, copyright, fraud prevention and other matters.
The Owners expressly authorize REVISTA PRIMETIME to provide any personal information about them, in order to comply with any requirement of a competent authority, and in order to cooperate with the competent authorities to the extent that we discretionally deem it necessary and appropriate in in relation to any investigation of an illegal act, infringement of the Consumer Statute, infringement of intellectual or industrial property rights, or any other activity that is illegal or that may expose REVISTA PRIMETIME to any legal liability. In addition, the Holders authorize the communication of their personal data to the competent authorities, in relation to the investigations that they carry out.
- National Legislation in Force and Applicable Jurisdiction
This Policy is governed by the laws of the Republic of Colombia and by the provisions of Law 1581 of 2012, its regulatory decree and other regulations that modify, repeal or replace them.
- Validity
This Policy is effective as of January 1st, 2019.
The databases will have a validity equal to the period in which the purpose or purposes of the treatment are maintained in each database, or the period of validity indicated by a specific legal, contractual or jurisprudential cause.