Privacy Policy

Personal Data Processing Policy

1. IDENTIFICATION OF THE DATA CONTROLLER

NAME: AVIDA GLOBAL S.A.S. NIT: 901223000-6.

ADDRESS AND ADDRESS: AVIDA GLOBAL S.A.S. It is domiciled in the city of Bogotá, and its main headquarters are located in the BURÓ 69 Building, located at Calle 69 # 4 -48 oficina 401, and the agro-industrial development of the company will be carried out in the department of Cesar, municipality of Jagua de Ibirico, farm called Manizales.

2. LEGAL FRAMEWORK 

Political Constitution of Colombia 

Law 1581 of 2012,

Regulatory Decree 1377 of 2013

3. SCOPE

This policy will be applicable to personal data registered in any database of AVIDA GLOBAL S.A.S, whose owner is a natural person, suppliers and contractors.

4. 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.

PrivacyNotice: Verbal or written communication generated by the person in charge, addressed to the Holder for the processing of their personal data, through 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 give to personal data.

Database: Organized set of personal data that is subject to treatment.

Successor intitle: person who has succeeded another due to the death of the latter (heir).

Personaldata: Any information linked or that can be associated with one or more specific or determinable natural persons.

Private Data: It is the data that by its intimate or reserved nature is only relevant to the owner of the information.

Publicdata: It is the data that is not semi-private, private or sensitive.

Public data are considered, among others, data relating to the marital status of persons, their profession or trade and their status as a trader or public servant.

By their nature, public data may be contained, among others, in public registers, public documents, gazettes and official gazettes and duly enforceable court judgments that are not subject to reservation.

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

Semi-private data: It is the data that does not have an intimate, reserved, or public nature and whose knowledge or dissemination may interest not only its owner but a certain sector or group of people.

Person in charge of theTreatment: Natural or legal person, public or private, that by itself or in partnership with others, carries out the Processing of personal data on behalf of the person responsible for the Treatment.

Responsible for theTreatment: Natural or legal person, public or private, that by itself or in partnership with others, decides on the database and / or the Treatment of the data.

Owner:Natural person whose personal data are subject to Treatment.

Processing: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 responsible 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: processing of personal data that involves the communication of the same inside or outside the territory of the Republic of Colombia when it has as its object the realization of a treatment by the person in charge on behalf of the person in charge.

5. PRINCIPLES

For the purposes of guaranteeing the protection of personal data, AVIDA GLOBAL S.A.S, will apply in a harmonious and integral way the following principles, in the light of which the processing, transfer and transmission of personal data must be carried out2:

Principle of legality in matters of dataprocessing: The processing of data is a regulated activity, which must be subject to the current and applicable legal provisions governing the subject.

Principle ofpurpose: the activity of the processing of personal data carried out by AVIDA GLOBAL S.A.S, or to which it has access, will obey a legitimate purpose in accordance with the Political Constitution of Colombia, which must be informed to the respective owner of the personal data.

Principle offreedom: the processing of personal data can only be carried out 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, statutory, or judicial mandate that relieves consent.

Principle of veracity orquality: the information subject to Personal Data Processing must be truthful, complete, accurate, up-to-date, verifiable and understandable. The processing of partial, incomplete, fractional or misleading data is prohibited.

Principle oftransparency: In the processing of personal data, AVIDA GLOBAL S.A.S, will guarantee the Owner its right to obtain at any time and without restrictions, information about the existence of any type of information or personal data that is of interest or ownership.

Principle of access and restrictedcirculation: The processing of personal data is subject to the limits that derive from the nature of these, from the provisions of the law and the Constitution.

Consequently, the treatment can only be done by persons authorized by the owner and / or by the persons provided for by law.

Personal data, except for public information, may not be available on the internet or other means of dissemination or mass communication, unless access is technically controllable to provide restricted knowledge only to the owners or third parties authorized under the law. For these purposes the obligation of AVIDA GLOBAL S.A.S, will be of means.

Principle ofsecurity: the information subject to treatment by AVIDA GLOBAL S.A.S, 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 ofconfidentiality: All persons who in AVIDA GLOBAL S.A.S, administer, manage, update or have access to information of any kind found in Databases, are obliged to guarantee the reservation of the information, so they undertake to keep and keep strictly confidential and not to disclose to third parties, all the information they come to know in the execution and exercise of their functions; except in the case of activities expressly authorized by data protection law. 

This obligation persists and will be maintained even after the end of your relationship with any of the tasks included in the Treatment.

6. RIGHTS OF THE OWNER OF THE INFORMATION

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

a. Access, know, update and rectify your personal data in front of AVIDA GLOBAL S.A.S, in its capacity as responsible for the treatment. This right may be exercised, among others, against partial, inaccurate, incomplete, fractional, misleading data, or those whose treatment is expressly prohibited or has not been authorized.

b. Request proof of the authorization granted to AVIDA GLOBAL S.A.S, for the processing of data, by any valid means, except in cases where authorization is not necessary. 

c. Be informed by AVIDA GLOBAL S.A.S, upon request, regarding the use you have given to your personal data.

d. Submit to the Superintendence of Industry and Commerce, or the entity that makes its place, complaints for violations of the provisions of Law 1581 of 2012 and the other regulations that modify, add or complement it, after consultation or request before AVIDA GLOBAL S.A.S.

e. Revoke the authorization and / or request the deletion of the data when the Treatment does not respect the principles, rights and constitutional and legal guarantees.

f. Access free of charge to your personal data that have been processed, at least once every calendar month and whenever there are substantial modifications to this policy that motivate new queries.

These rights may be exercised by:

• The owner, who must prove his identity sufficiently by the different means made available by AVIDA GLOBAL S.A.S.

• The successors in title of the holder, who must prove such quality.

• The representative and / or proxy of the holder, prior accreditation of the representation or proxy.

• Another 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 treatment must comply with the following parameters:

a. 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 faced by children and adolescents regarding the improper treatment of their personal data, and to provide knowledge about the responsible and safe use by children, girls and adolescents of their personal data, their right to privacy and protection of their personal information and that of others.

7. DUTIES OF AVIDA GLOBAL S.A.S, AS RESPONSIBLE AND IN CHARGE OF THE PROCESSING OF PERSONAL DATA

AVIDA GLOBAL S.A.S, recognizes the ownership of personal data held by people and consequently they can exclusively decide on them. Therefore, it will use personal data for the fulfillment of the purposes expressly authorized by the owner or by the current regulations.

In the processing and protection of personal data, AVIDA GLOBAL S.A.S, will have the following duties, without prejudice to others provided for in the provisions that regulate or come to regulate this matter:

• Guarantee the holder, at all times, the full and effective exercise of the right of habeas data.

• Request and keep, 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.

• Ensure that the information is truthful, complete, accurate, up-to-date, verifiable and understandable.

• Timely update the information, thus attending to all the news regarding the data of the owner. 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 the pertinent.

• Respect the conditions of security and privacy of the information of the owner.

• Process queries 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 Superintendence 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 way it is regulated in the 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 disputed by the owner and whose blocking has been ordered by the Superintendence of Industry and Commerce.

• Allow access to information only to those who can access 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.

8. AUTHORIZATION AND CONSENT OF THE HOLDER

AVIDA GLOBAL S.A.S, 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:

a. Information required by a public or administrative entity in the exercise of its legal functions or by court order.

b. Data of a PublicNature.

c. Cases of medical or sanitária urgência.

d. Processing of information authorized by law for historical, statistical or scientific purposes.

e. Data related to the Civil Registry of Persons

Manifestation of authorization

The authorization to AVIDA GLOBAL S.A.S, for the processing of personal data will be granted by:

• The owner, who must prove his identity sufficiently by the different means made available by AVIDA GLOBAL S.A.S.

• The successors in title of the holder, who must prove such quality.

• The representative and / or proxy of the holder, prior accreditation of the representation or proxy.

• Another in favor or for which the holder has stipulated.

Means of granting authorization

AVIDA GLOBAL S.A.S, will obtain authorization through different means, including the physical document, electronic, data message, Internet, Websites, or in any other format that in any case allows the obtaining of consent through unequivocal conduct through which it is concluded that if it has not been provided by the owner or the person legitimized for it, the data would not have been stored or captured in the database.

The authorization will be requested by AVIDA GLOBAL S.A.S, prior to the processing of personal data.

Proof of authorisation

AVIDA GLOBAL S.A.S, will keep the proof of the authorization granted by the holders of the personal data for its treatment, for which it will use the mechanisms available at its disposal at present as well as adopt the necessary actions to maintain the record of the form and date and in which it obtained it. Consequently, AVIDA GLOBAL S.A.S, may establish physical files or electronic repositories made directly or through third parties contracted for this purpose.

Revocation of authorization.

The holders of personal data may at any time revoke the authorization granted to AVIDA GLOBAL S.A.S, for the processing of their personal data or request the deletion of them, as long as it is not prevented by a legal or contractual provision. AVIDA GLOBAL S.A.S, 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 they granted it.

For the above, it must 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 AVIDA GLOBAL S.A.S, must cease any activity of data processing; and on the other hand in a partial way in relation to certain types of treatment, in which case it will be these on which the processing activities will cease, such as for advertising purposes, among others. In the latter case, AVIDA GLOBAL S.A.S, may continue to process personal data for those purposes for which the owner has not revoked his consent.

9. TREATMENT TO WHICH THE DATA WILL BE SUBMITTED AND PURPOSE OF THE SAME

The processing of the personal data of employees, former employees, suppliers, contractors, or any person with whom AVIDA GLOBAL S.A.S, has established or establishes a relationship, permanent or occasional, will be carried out within the legal framework that regulates the matter and by virtue of its condition and will be all necessary for the fulfillment of the mission.

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

a. Send information related to activities, news, content by area of interest, products and other goods or services offered by AVIDA GLOBAL S.A.S.

b. Develop the mission of AVIDA GLOBAL S.A.S, in accordance with its statutes.

c. Comply with the regulations in force in Colombia for commercial companies, including, but not limited to, any requirement of control entities or local authorities.

d. Comply with the rules applicable to suppliers and contractors, including, but not limited to, tax and commercial rules.

e. Comply with the provisions of the Colombian legal system in labor and social security matters, among others, applicable to former employees, current employees and candidates for future employment.

f. Conduct surveys related to the services or goods of AVIDA GLOBAL S.A.S.

g. Develop programs in accordance with its statutes.

h. Fulfill all your contractual commitments.

For the processing of personal data of children and adolescents, it will proceed in accordance with the provisions of this policy in the section related to their rights.

Sensitive data

In the case of sensitive personal data, AVIDA GLOBAL S.A.S, may make use and treatment of them when:

a. The holder has given his explicit authorization, except in cases where by law the granting of such authorization is not required.

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 processing 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 they refer exclusively to its members or to persons who maintain regular contacts by reason of their 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 are 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 must be adopted.

Without prejudice to the exceptions provided for by law, the processing of sensitive data requires the prior, express and informed authorization of the owner, which must be obtained by any means that may be subject to consultation and subsequent verification.

10. PRIVACY NOTICE

The Privacy Notice is the physical, electronic or any other format document, 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 the information processing policies of AVIDA GLOBAL S.A.S, and that 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 a minimum, the following information:

a. The identity, address and contact details of the controller.

b. The type of treatment to which the data will be subjected and the purpose thereof.

c. The rights of the owner.

d. The general mechanisms provided by the person in charge so that the owner knows the information processing policy and the substantial changes that occur in it.

In all cases, you must inform the owner how to access or consult the information processing policy.

e. The optional nature of the answer to questions about sensitive data

11. GUARANTEES OF THE RIGHT OF ACCESS

To guarantee the right of access of the owner of the data, AVIDA GLOBAL S.A.S, will make available to it, after accreditation of its identity, legitimacy, or personality of its representative, without cost or expenditure, in a detailed and detailed manner, the respective personal data through all types of means, including electronic means that allow direct access of the owner to them.

Such access must be offered without any limit and must allow the holder the possibility of knowing and updating them online.

12. PROCEDURE FOR THE ATTENTION OF QUERIES, CLAIMS, REQUESTS FOR RECTIFICATION, UPDATING AND DELETION OF DATA

a. Consultations

The holders or their successors in title may consult the personal information of the owner who rests in AVIDA GLOBAL S.A.S, who will provide all the information contained in the individual registry or that is linked to the identification of the Holder.

With regard to the attention of requests for consultation of personal data AVIDA GLOBAL S.A.S, guarantees:

• Enable means of electronic communication or others that it deems 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 within a maximum period of ten (10) business days counted from the date of receipt.

When it is not possible to attend the query within this term, the interested party will be informed before the expiration of the 10 days, expressing 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.

• Inquiries may be made to the soporte.datos@avidaglobal.commail.

b. Claims

The Owner or his successors in title 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 the law, may file a claim with AVIDA GLOBAL S.A.S, which will be processed under the following rules:

• The claim of the Holder will be formulated by request addressed to AVIDA GLOBAL S.A.S, to the email soporte.datos@avidaglobal.com or by written communication initially addressed to the Security Management and Legal Advisor, (when the customer service office has been established will be the agency in charge of this procedure) with the identification of the owner, the description of the facts that give rise to the claim, the address, and accompanying the documents that you want to assert.

If the claim is incomplete, the interested party will be required within five (5) days of receipt of the claim to remedy the failures.

After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that he has withdrawn the claim.

In the event that the person who receives the claim is not competent to resolve it, he will transfer it to the corresponding person within a maximum period of two (2) business days and will inform the interested party of the situation.

• Once the complete claim has been received, it will be cataloged with the label "claim in process" and the reason for it, in a term not exceeding two (2) business days. Such label will remain until the claim is decided.

• The maximum term to attend the claim will be fifteen (15) business days counted from the day following the date of its receipt. When it is not possible to attend to 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

AVIDA GLOBAL S.A.S, 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 it will be taken into account: 

• The owner must submit the request to the email soporte.datos@avidaglobal.com or in physical medium addressed to the Security Management and Legal Advisor (when the customer service office has been established it will be the agency in charge of this procedure) indicating the update and / or rectification to be made and will provide the documentation that supportes your request.

• AVIDA GLOBAL S.A.S, may enable mechanisms that facilitate the exercise of this right to the owner, as long as they benefit him.

Consequently, electronic or other means that it deems pertinent may be enabled, which will be informed in the privacy notice and will be made available to interested parties on the website.

d. Request for deletion of data

The owner of the personal data has the right to request AVIDA GLOBAL S.A.S, its deletion (elimination) 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 are no longer necessary or relevant to 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 AVIDA GLOBAL S.A.S.

However, this right of the owner is not absolute and consequently AVIDA GLOBAL S.A.S, may deny the exercise of this when: 

• The owner has a legal or contractual duty to remain in the database.

• The deletion of data hinders judicial or administrative proceedings linked to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions.

• The data are necessary to protect the legally protected interests of the owner; to carry out an action in the public interest, or to comply with an obligation legally acquired by the owner.

13. NATIONAL DATABASE REGISTRY

AVIDA GLOBAL S.A.S, reserves, in the events contemplated in the law and in its statutes and internal regulations, the power to maintain and catalog certain information that rests in its databases or databases, as confidential in accordance with the current rules, its statutes and regulations, all the above and in accordance with the fundamental right.

AVIDA GLOBAL S.A.S, will proceed in accordance with current regulations and 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 Commerce.

The RNBD, is the public directory of the databases subject to Treatment that operate in the country; and that it will be freely consulted by citizens, in accordance with the regulations issued for this purpose by the National Government.

14. INFORMATION SECURITY AND SECURITY MEASURES

In compliance with the principle of security established in current regulations, AVIDA GLOBAL S.A.S, will adopt 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.

15. USE AND INTERNATIONAL TRANSFER OF PERSONAL DATA AND PERSONAL INFORMATION BY AVIDA GLOBAL S.A.S.

In compliance with the institutional mission and the strategic development plan of AVIDA GLOBAL S.A.S, and taking into account the nature of the permanent or occasional relationships that any person holding personal data may have for AVIDA GLOBAL S.A.S, it may transfer and transmit, including international, all personal data, provided that the applicable legal requirements are met; and consequently the owners 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 may be established with AVIDA GLOBAL S.A.S.

For the international transfer of personal data of the holders, AVIDA GLOBAL S.A.S, will take the necessary measures so that third parties know and undertake to observe this policy, under the understanding that the personal information they receive may only be used for matters directly related to AVIDA GLOBAL S.A.S, 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 made by AVIDA GLOBAL S.A.S, will not require to be informed to the owner or have their consent when there is a contract for the transmission of personal data in accordance with article 25 of Decree 1377 of 2013.

AVIDA GLOBAL S.A.S, may also exchange personal information with governmental or public authorities of another type (including, among other judicial or administrative authorities, tax authorities and criminal, civil, administrative, disciplinary and fiscal investigation bodies), and third parties participating in civil legal proceedings and their accountants, auditors, lawyers and other advisors 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 third parties.

• Obtain the applicable compensation or limit the damages that may affect us.

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



AVIDA GLOBAL S.A.S, will be responsible for the processing of personal data.

Initially, the Security Manager and the Legal Advisor (when the customer service office has been established will be the agency in charge of this procedure) will be in charge of the processing of personal data, on behalf of AVIDA GLOBAL S.A.S.