PRIVACY POLICY REGARDING PERSONAL DATA IN BELA NOVA S.A.S

Business name:                    BELA NOVA S.A.S
NIT:                                            900.416.844-0
Address:                                  Carrera 101 No 18-14
City:                                           Cali (Valley)
Phone:                                      (2) 5240509
Email:                                     financiero@belanovacare.com
Website:                                www.belanovacare.com

  1. LEGAL REGULATIONS AND SCOPE OF APPLICATION: Our current privacy policy for processing personal data has been designed in accordance with the country’s Political Constitution, Law 1581 of 2012, the Regulatory Decree 1377 of 2013 and other complementary provisions. It will be applied by BELA NOVA SAS regarding the gathering, storage, use, circulation, deletion and all other activities related to the processing of personal data.
  2. DEFINITIONS: For executional purposes of this privacy policy and in accordance with legal regulations, the following definitions shall apply: a) Authorization: Prior, expressed and informed consent of the Owner to carry out the processing of personal data; b) Privacy notice: Physical, electronic document or in any other format generated by the responsible party that is made available to the Owner for the processing of their personal data. In the Privacy Notice, the Owner is informed about the existence of the privacy policy that will be applicable to them, the way to access them and the purpose of how this  personal data will be managed; c) Database: Organized set of personal information that is subject to handling; d) Personal data: Any information linked to or associated with one or several natural persons determined or determinable; e) Public data: It is the data classified as such according to the mandates of the law or the Political Constitution and that which is not semi-private, private or sensitive. Public data, among others, is the information regarding the civil status of people, their profession or trade, their status as a merchant or public servant and those that can be obtained without any reservation. By its nature, public data may be contained, among others, in public records, public documents, gazettes and official bulletins; f) Private data: It is the data that due to its intimate or reserved nature is only relevant to the owner; g) Sensitive data: Sensitive data is the one that affects the Owner’s privacy or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, convictions, religious or philosophical, belonging to trade 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 the biometric data; h) Responsible for the data management: Natural or legal person, public or private, which by itself or in association with others, performs the processing of personal data on behalf of the handling Manager; i) Responsible for management: Natural or legal person, public or private, that by himself or in association with others, decides on the database and / or the handling of the data; j) Owner: Natural person whose personal data is subject to management; k) Management and Handling: Any operation or set of operations on personal data, such as the recollection, storage, use, circulation or deletion of the same.
  3. PURPOSE WITH WHICH THE RECOLLECTION OF PERSONAL DATA AND THE PROCESSING OF IT IS CARRIED OUT: BELA NOVA SAS may make use of personal data to: a) Execute the existing contractual relationship with its customers, suppliers and employees, including the payment of Contractual obligations; b) Provide the services and / or products required by its users; c) Inform about new products or services and / or about changes in them; d) Evaluate the quality of the service; e) Carry out internal studies on consumption habits; f) Send to physical, electronic, cellular or mobile device, via text messages (SMS and / or MMS) or through any other analogous and / or digital means of communication created or to be created, commercial, advertising or promotional information about the products and / or services, events and / or promotions of commercial type or not of these, in order to promote, invite, direct, execute, inform and generally, carry out campaigns, promotions or contests of a commercial nature or advertising, advanced by BELA NOVA SAS and / or by third parties; g) Develop the process of selection, evaluation, and employment linkage; h) Support internal or external audit processes; i) Record the information of employees and / or pensioners (active and inactive) in the databases of BELA NOVA SAS]: i) Those indicated in the authorization granted by the owner of the data or described in the respective privacy notice, according to be the case. Regarding the data (i) recollected directly at the security points, (ii) taken from the documents that people provide to the security personnel and (iii) obtained from the video recordings that are made inside or outside the facilities of BELA NOVA SAS, these will be used for security purposes of people, goods and facilities of BELA NOVA SAS and may be used as evidence in any type of process. If personal data is provided,  this information will be used only for the purposes indicated herein, and therefore, BELA NOVA SAS will not proceed to sell, license, transmit, or disclose it, unless: (i) there is express authorization to do so ; (ii) it is necessary to allow the contractors or agents to provide the entrusted services; (iii) it is necessary in order to provide our services and / or products; (iv) it is necessary to disclose it to the entities that provide marketing services on behalf of BELA NOVA S.A.S or to other entities with which they have joint market agreements; (v) the information is related to a merger, consolidation, acquisition, disinvestment, or other restructuring process of the company; (vi) that is required or permitted by law. BELA NOVA S.A.S may subcontract third parties for the processing of certain functions or information. When the processing of personal information or providing personal information to third party service providers is subcontracted with third parties, BELA NOVA SAS warns these third parties about the need to protect such personal information with appropriate security measures;  the use of the information is prohibited for own purposes and it is requested that personal information is not disclosed to others.
  4. PRINCIPLES APPLICABLE TO THE PROCESSING OF PERSONAL DATA: The processing of personal data in BELA NOVA SAS will be governed by the following principles: a) Principle of purpose: The processing of the recollected personal information must obey a legitimate purpose, which must be informed to the Owner; b) Principle of freedom: Handling can only be carried out with the prior, expressed and informed consent of the Owner. Personal data may not be obtained or disclosed without prior authorization, or in the absence of legal or judicial mandate that relieves the consent; c) Principle of truth or quality: The information subject to handling must be truthful, complete, accurate, updated, verifiable and understandable. The processing of partial, incomplete, fractionated or misleading data will not be carried out; d) Principle of transparency: In managing and handling,  the right of the Owner to obtain from BELA NOVA S.A.S at any time and without restrictions, information about the existence of data that concerns him, must be guaranteed; e) Principle of access and restricted circulation: managing is subject to the limits that derive from the nature of personal data, the provisions of this law and the Constitution. Personal data, except public information, and the provisions of the authorization granted by the owner of the data, may not be available on the Internet or other means of dissemination or mass communication, unless the access is technically controllable to provide restricted knowledge only to the Owners or authorized third parties; f) Principle of security: The information subject to management by BELA NOVA SAS must be protected through the use of 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; g) Principle of confidentiality: All persons involved in the processing of personal data are obliged to guarantee the reservation of information, even after the end of their relationship with any of the tasks included in the management. PARAGRAPH ONE: In the event that sensitive personal data is recollected, the Owner may refuse to authorize its managing or handling.
  5. RIGHTS OF THE PERSONAL DATA OWNERS, OBJECT OF MANAGEMENT BY BELA NOVA SAS: Owners of personal data by themselves or through their representative and / or agent or their successor in title may exercise the following rights, with respect to personal data that is subject to management by BELA NOVA SAS: a) Access right: Under which you can access personal data that is under the control of BELA NOVA SAS; for consulting purposes, these  are for free at least once a month (calendar time), and whenever there are substantial modifications of the Information Management and Handling Policies that motivate new consultations; b) Right to update, rectify and delete: By virtue of which you may request the updating, rectification and / or deletion of the personal data object of management, in such a way that the purposes of handling it are satisfied; c) Right to request proof of the authorization: except in the events in which, according to the legal norms in force, the authorization to carry out the management is not required; d) Right to be informed regarding the use of personal data; e) Right to file complaints with the Superintendency of Industry and Commerce: for infractions to the provisions of current regulations on the processing of personal data; f) Right to require compliance with the orders issued by the Superintendence of Industry and Commerce. FIRST PARAGRAPH: For the purposes of exercising the rights described above, both the owner and the person representing them must prove their identity and, if applicable, the quality by virtue of which they represent the owner. PARAGRAPH TWO: The rights of minors shall be exercised by means of persons who are authorized to represent them.
  6. DUTIES OF BELA NOVA S.A.S: All those required to comply with this policy must bear in mind that BELA NOVA S.A.S. is obliged to fulfill the duties imposed by law in this regard. Consequently, the following obligations must be fulfilled: A. Duties when acting as responsible: (i) Request and keep, under the conditions set forth in this policy, a copy of the respective authorization granted by the owner. (ii) Clearly and sufficiently inform the owner about the purpose of the recollection and the rights that assist him by virtue of the authorization granted. (iii) Inform at the request of the owner about the use given to their personal data (iv) Process the consultations and claims formulated in the terms indicated in this policy (v) Ensure that the principles of truthfulness, quality, security and confidentiality in the terms established in the following policy (vi) – Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access. (vii) Update the information when necessary. (viii) Rectify personal data when appropriate. B. Duties when acting as the person in charge of processing personal data. If you carry out data processing on behalf of another entity or organization (responsible for processing), you must comply with the following duties: (i) Establish that the data controller is authorized to provide the personal data that will be processed by the Manager (ii) Guarantee the owner , at all times, the full and effective exercise of the right of habeas data. (iii) Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access. (iv) Make timely update, rectification or deletion of data. (v) Update the information reported by those responsible for management within five (5) business days starting from when it was first received. (vi) Process inquiries and claims made by the owners in the terms indicated in this policy. (vii) Register in the database the legend “claim in process” in the form established in this policy. (ix) 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. (x) Refrain from circulating information that is being contested by the owner and whose blockage has been ordered by the Superintendence of Industry and Commerce. (xi) Allow access to the  information only to authorized peoples by the owner or authorized by law for such effect. (xii) 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 owners. (xiii) Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce. C. Duties when performing the handling of data through a Manager (i) Provide the Data Controller only personal data whose management is previously authorized. For the purposes of national or international transmission of data, a contract for the transmission of personal data must be signed or contractual clauses agreed as established in article 25 of decree 1377 of 2013. (ii) Guarantee that the information provided to the Manager of handling it is true, complete, accurate, updated, verifiable and understandable. (iii) Communicate in a timely manner to the person in charge of processing all the news regarding the data previously provided to it and adopt the other necessary measures so that the information provided to it is kept up-to-date. (iv) Report in a timely manner to the person in charge of processing the rectifications made on the personal data so that the latter may proceed to make the appropriate adjustments. (v) To demand from the person in charge of the processing, at all times, respect for the security and privacy conditions of the owner’s information. (vi) Inform the Person in charge of the processing when certain information is under discussion by the owner, once the claim has been filed and the respective procedure has not been completed. D. Duties regarding the Superintendence of Industry and Commerce (i) Inform you of possible violations of the security codes and the existence of risks in the administration of the information of the owners. (ii) Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
  7. AUTHORIZATION REQUEST FOR THE OWNER OF THE PERSONAL DATA: In advance and / or at the time of recollecting the personal data, BELA NOVA SAS will request the owner of the data to authorize its recollection and processing, stating the purpose for which it is recollected. Using for that purpose automated technical means, written or oral, to preserve evidence of authorization and / or unequivocal conduct described in Article 7 of Decree 1377 of 2013. Such authorization will be requested for as long as it is reasonable and necessary to meet the needs that gave rise to the request of the data and, in any case, with observance of the legal provisions governing the matter.
  8. PRIVACY NOTICE: In the event that BELA NOVA SAS can not make available this privacy policy management available to the owner of the personal data, it will publish the privacy notice that is attached to this document, the text will be kept for subsequent consultation by the data subject and / or the Superintendence of Industry and Commerce.
  9. TEMPORARY LIMITATIONS TO THE PROCESSING OF PERSONAL DATA: BELA NOVA S.A.S may only recollect, store, use or circulate personal data for as long as is reasonable and necessary, in accordance with the purposes that justified its management, taking into account the provisions applicable to the matter in question and the administrative, accounting, tax, legal and historical aspects of the information. Once the purpose (s) of the handling has been fulfilled and without prejudice to legal norms that stipulate otherwise, it will proceed to the suppression of the personal data in its possession. However, the above, personal data must be retained when required for the fulfillment of a legal or contractual obligation.
  10. AREA RESPONSIBLE FOR THE EXERCISING THE RIGHTS OF THE OWNERS OF PERSONAL DATA AND FOR SUPERVISING THE ADEQUATE PROCESSING OF SUCH: The ADMINISTRATIVE AREA of BELA NOVA SAS will be responsible for attending all the petitions, complaints and claims made by the owner of the data in exercise of the rights contemplated in section 5 of this policy, except for the one described in section e). For such purposes, the owner of the personal data or whoever exercises his representation may send his petition, complaint or claim from Monday to Friday from 8:00 a.m. at 5:00 p.m. to the e-mail financial@belanovacare.com, call the telephone line of BELA NOVA SAS, Cali telephone (2) 524-05-09, or file it in the following address corresponding to our offices: Cra. 101 No. 18-14 The petition, complaint or claim must contain the Owner’s identification, the description of the facts that give rise to the claim, the address and supporting documents you want to assert. If the claim is incomplete, the interested party will be required, within the next five (5) days following the receipt of the claim, to correct the issues encountered. If 2 months have passed since the information was requested, and it has not been submitted, it shall be understood that the claim has been abandoned. In case the person who receives the claim is not competent to resolve it, it will be passed on to the corresponding one in a maximum term of two (2) business days and the interested party will be informed of the situation. Once the complete claim has been received, a legend that says “claim in process” and the reason thereof will be included in the database, in a term not exceeding two (2) business days. This legend must be maintained until the claim has been settled. The maximum term to process the claim will be fifteen (15) business days starting from the day following the date of it being received. When it is not possible to meet the claim within this period of time, the interested party will be informed of the reasons for the delay and the date in which his claim will be managed, which in no case may exceed eight (8) business days following the expiration of the first period.
  11. DATA RECOLLECTED BEFORE THE ISSUANCE OF DECREE 1377 OF 2013: In accordance with the provisions of numeral 3 of Article 10 of Regulatory Decree 1377 of 2013 BELA NOVA SAS will proceed to publish a notice on its official website www.belanovacare.com directed to the owners of personal data for the purposes of publicizing this information processing policy and how to exercise their rights as owners of personal data housed in the databases of BELA NOVA SAS
  12. SECURITY MEASURES: In accordance to the security principle established in Law 1581 of 2012, BELA NOVA SAS 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. The personnel that carry out the processing of the personal data will execute the established protocols in order to guarantee the security of the information.
  13. DATE OF ENTRY INTO FORCE: This Personal Data Policy was created on March 26, 2016 and becomes effective as of April 1, 2016. Any change that occurs with respect to this policy will be reported through the electronic address: www.belanovacare.com

requested that personal information is not disclosed to others.

RIGHTS OF THE PERSONAL DATA OWNERS: The owners of personal data by themselves or through their representative and / or agent or their successor in title may exercise the following rights, with respect to personal data that is subject to management and handling by BELA NOVA SAS : a) Right of access: Under which you can access personal data that are under the control of BELA NOVA SAS, for the purpose of consulting them for free at least once each calendar month, and whenever there are substantial changes in the Management Policies of the information that motivates new consultations; b) Right to update, rectify and delete: By virtue of which you may request the updating, rectification and / or deletion of the personal data object of handling, in such a way that the purposes of the management is satisfied; c) Right to request proof of the authorization: except in the events in which, according to the legal norms in force, the authorization to carry out handling is not required; d) Right to be informed regarding the use of personal data; e) Right to file complaints with the Superintendency of Industry and Commerce: for infractions to the provisions of current regulations on the processing of personal data; f) Right to require compliance with the orders issued by the Superintendence of Industry and Commerce.

PERSONAL DATA PROCESSING POLICY: It can be accessed in the following web address: www.belanovacare.com

Any changes made to this policy, will be notified through the electronic address: www.belanovacare.com. In the event that sensitive personal data is recollected, the Owner may refuse to authorize its management.

The ADMINISTRATIVE AREA of BELA NOVA SAS will be responsible for responding to petitions, complaints and claims made by the owner of the data in exercise of the rights contemplated in numeral 5 of the personal data processing policy, with the exception of the one described in its literal e). For such purposes, the owner of the personal data or whoever exercises his representation may send his petition, complaint or claim during the following schedule: Monday to Friday from 8:00 a.m. to 6:00 p.m. to this e-mail address: financiero@belanovacare.com. They can also call the telephone line in Santiago de Cali:  524-05-09, or file this physically in the following address, which corresponds to our offices in the city of Santiago de Cali: Carrera 101 No. 18-14.

PRIVACY POLICY NOTICE

RESPONSIBLE FOR MANAGEMENT AND HANDLING:                        BELA NOVA S.A.S
ADDRESS:                                                                                                                      Carrera 101 No.18-14 (Valle)
ELECTRONIC MAIL:                                                                                                 financial@belanovacare.com
TELEPHONE LINE:                                                                                                   5240509 Santiago de Cali

PURPOSE WITH WHICH THE RECOLLECTION OF PERSONAL DATA AND PROCESSING OF THEM IS CARRIED OUT: BELA NOVA SAS may make use of personal data to: a) Execute the existing contractual relationship with its customers, suppliers and employees, including the payment of contractual obligations ; b) Provide the services and / or products required by its users; c) Inform about new products or services and / or about changes in them; d) Evaluate the quality of the service; e) Carry out internal studies on consumption habits; f) Send to the physical, electronic, cellular or mobile device, via text messages (SMS and / or MMS) or through any other analogous and / or digital means of communication created or to be created, commercial, advertising or promotional information about the products and / or services, events and / or promotions of commercial type or not of these, in order to promote, invite, direct, execute, inform and generally, carry out campaigns, promotions or contests of a commercial nature or advertising, advanced by BELA NOVA SAS and / or by third parties; g) Develop the process of selection, evaluation, and employment linkage; h) Support internal or external audit processes; i) Record the information of employees and / or retirees (active and inactive) in the databases of BELA NOVA SAS: i) Those indicated in the authorization granted by the owner of the data or described in the respective privacy notice, depending on the case; j) Provide, share, send or deliver your personal data to affiliated, affiliated or subordinated companies of BELA NOVA S.A.S located in Colombia or any other country in the event that said companies require the information for the purposes indicated herein. Regarding the data (i) recollected directly at the security points, (ii) taken from the documents that people provide to the security personnel and (iii) obtained from the video recordings that are made inside or outside the facilities of BELA NOVA SAS these will be used for security purposes of the people, goods and facilities of BELA NOVA S.A.S and may be used as evidence in any type of process. If a personal data is provided, said information will be used only for the purposes indicated herein, and therefore, BELA NOVA SAS will not proceed to sell, license, transmit, or disclose it, unless: (i) there is express authorization to do so ; (me) is necessary to allow the contractors or agents to provide the entrusted services; (iii) is necessary in order to provide our services and / or products; (iv) it is necessary to disclose it to the entities that provide marketing services on behalf of BELA NOVA S.A.S or to other entities with which they have joint market agreements; (v) the information is related to a merger, consolidation, acquisition, divestment, or other process of restructuring society; (vi) that is required or permitted by law. BELA NOVA S.A.S may subcontract third parties for the processing of certain functions or information. When the processing of personal information or providing personal information to third party service providers is subcontracted with third parties, BELA NOVA SAS warns those third parties about the need to protect such personal information with appropriate security measures, the use of the information is prohibited. for own purposes and it is requested that personal information is not disclosed to others.

RIGHTS OF THE PERSONAL DATA OWNERS: The owners of personal data by themselves or through their representative and / or agent or their successor in title may exercise the following rights, with respect to personal data that is subject to management and handling by BELA NOVA SAS : a) Right of access: Under which you can access personal data that are under the control of BELA NOVA SAS, for the purpose of consulting them for free at least once each calendar month, and whenever there are substantial changes in the Management Policies of the information that motivates new consultations; b) Right to update, rectify and delete: By virtue of which you may request the updating, rectification and / or deletion of the personal data object of handling, in such a way that the purposes of the management is satisfied; c) Right to request proof of the authorization: except in the events in which, according to the legal norms in force, the authorization to carry out handling is not required; d) Right to be informed regarding the use of personal data; e) Right to file complaints with the Superintendency of Industry and Commerce: for infractions to the provisions of current regulations on the processing of personal data; f) Right to require compliance with the orders issued by the Superintendence of Industry and Commerce.

PERSONAL DATA PROCESSING POLICY: It can be accessed in the following web address: www.belanovacare.com

Any changes made to this policy, will be notified through the electronic address: www.belanovacare.com. In the event that sensitive personal data is recollected, the Owner may refuse to authorize its management.

The ADMINISTRATIVE AREA of BELA NOVA SAS will be responsible for responding to petitions, complaints and claims made by the owner of the data in exercise of the rights contemplated in numeral 5 of the personal data processing policy, with the exception of the one described in its literal e). For such purposes, the owner of the personal data or whoever exercises his representation may send his petition, complaint or claim during the following schedule: Monday to Friday from 8:00 a.m. to 6:00 p.m. to this e-mail address: financiero@belanovacare.com. They can also call the telephone line in Santiago de Cali:  524-05-09, or file this physically in the following address, which corresponds to our offices in the city of Santiago de Cali: Carrera 101 No. 18-14.

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