The EXTERNAL PERSONAL DATA PROCESSING POLICY is mandatory and strictly complied with by FRUTIHELEN SAS, identified with NIT 800.224.078 -8 and located at Carrera 39 # 13 -66 Acopi – Yumbo who acts as RESPONSIBLE for the processing of personal data, and is mandatory for all third parties acting on behalf of FRUTIHELEN SAS or who, without acting on their behalf, process personal data by order of the company as PROCESSORS.
FRUTIHELEN SAS as RESPONSIBLE as the PROCESSORS, understood as workers, contractors and suppliers, must observe and respect this PERSONAL DATA PROCESSING POLICY in the fulfillment of their functions and activities, even after the legal, commercial, labor or any other type of relationship has ended.
FRUTIHELEN SAS is committed to the confidentiality and security of the personal data it handles and ensures that its workers, contractors, suppliers and all those with whom it has commercial and legal ties, undertake to maintain strict confidentiality in relation to the data processed.
This information may be obtained, among others, through any of the following channels or means: i) commercial, contractual or professional relationship with the respective Client, Supplier or other third parties; ii) employment relationship with Employees and Former Employees; iii) application to selection processes; (iv) registration for training, competitions, seminars or courses; v) registration and access to educational platforms, pedagogical content, among others, and vi) sending of emails requesting information.
1. DEFINITIONS.
To facilitate a better understanding of this Personal Data Processing policy, the expressions used in this document will have the meaning given to them herein, or the meaning that the applicable law or jurisprudence gives them, as such law or jurisprudence is modified from time to time.
Authorization: Prior, clear and informed consent of the owner to carry out the processing of their personal data.
Data Controller: Natural or legal person, public or private, who decides on the database and/or the processing of personal data.
Data Processor: Natural or legal person, public or private, who processes personal data on behalf of the data controller.
Consultation: Request from the owner of the data or from the persons authorized by it or by law to know the information that rests on it in databases or files.
Holder: Natural person whose personal data is subject to processing.
Privacy Notice: Communication, which may be verbal or written, generated by the data controller and addressed to the owner to inform him or her about the existence of the applicable information processing policies, how to access them and the purposes of the processing of his or her personal data.
Database: Organised set of personal data that are subject to processing.
Personal Data: Any information relating to or that can be associated with one or more identified or identifiable natural persons.
Private Data: Information that, due to its intimate or reserved nature, is only relevant to the Owner.
Semi-private data: Information that is not intimate, reserved or public, but whose knowledge or disclosure may be of interest not only to the Owner, but also to certain groups or specific sectors of society.
Public Data: Information that is not semi-private, private, or sensitive. It includes data on marital status, profession or trade, quality of merchant or public servant, among others, which may be of public interest and be contained in public records, official documents, among others.
Sensitive data: Information that affects the privacy of the owner or whose improper use may lead to discrimination, such as data on racial or ethnic origin, political orientation, religious or philosophical beliefs, health, sexual orientation or biometric data.
Treatment: Any operation or set of operations performed on personal data, such as collection, storage, use, circulation or deletion.
Transmission: Processing of personal data that involves the communication of the same within or outside Colombian territory, when the processor carries out the processing on behalf of the responsible party.
Transfer: Sending of personal data by the Data Controller or processor, located in Colombia, to a recipient who, in turn, assumes responsibility for the processing, either inside or outside the country.
2. DATA PROCESSING.
- The support of the contractual relationship established with FRUTIHELEN S.A.S.
- The execution of all activities related to the service or product.
- Send information about changes to the terms of services and products purchased, and notify you about new services or products.
- Develop studies and programs that are necessary to determine consumption habits
- The fine-tuning of security filters and business rules in commercial transactions; confirm, process such transactions, with your financial institution, with our service providers and with yourself.
- Conduct periodic evaluations of our products and services in order to improve their quality.
- The sending, by traditional and electronic means (SMS and/or MMS) or through any other digital means of communication, of technical, operational and commercial information of products and services offered by FRUTIHELEN S.A.S., its associates or suppliers, currently and in the future.
- The request for satisfaction surveys, which they are not obliged to answer.
- Carry out the transmission and/or transfer of data to other companies, commercial alliances or third parties in order to comply with the obligations acquired. The transfer and transfer may even be made to third countries that may have a different level of protection than the Colombian one, when necessary for the fulfillment of our obligations.
- To comply with obligations contracted by FRUTIHELEN S.A.S. with your customers at the time of purchasing our services and products.
- Respond to queries, requests, complaints and claims made by control bodies and other authorities that by virtue of applicable law must receive personal data.
3. RETENTION OF PERSONAL INFORMATION
FRUTIHELEN SAS may only collect, store, use or circulate personal data for as long as it is reasonable and necessary, in accordance with the purposes that justified the processing, in accordance with the provisions applicable to the matter in question and the administrative, accounting, fiscal, legal and historical aspects of the information.
Once the purpose or purposes of the processing have been fulfilled and without prejudice to legal regulations that provide otherwise, the personal data in its possession will be deleted. Notwithstanding the foregoing, personal data must be kept when required to comply with a legal or contractual obligation.
4. SUBCONTRACTING.
FRUTIHELEN SAS may subcontract third parties for the processing of certain functions or information. When the processing of personal information is effectively subcontracted to third parties or personal information is provided to third party service providers.
FRUTIHELEN SAS warns such third parties about the need to protect such personal information with appropriate security measures, prohibits the use of the information for their own purposes and requests that the personal information not be disclosed to others, protecting it with suitable mechanisms such as confidentiality and information handling policies and agreements.
5. COOKIES.
FRUTIHELEN SAS stores both its own and third-party cookies with the aim of adapting the content to your interests and facilitating your browsing.
FRUTIHELEN SAS uses ITS OWN COOKIES which have the aim of controlling traffic and the correct communication of data, maintaining the settings, identifying browsing sessions (that the servers recognize, despite moving from one page to another, that it is the same browsing session of a user), accessing parts of restricted access, Use safety features while sailing.
FRUTIHELEN SAS may collect statistical information from the user through its platform by storing cookies on the visitor’s hard drive in order to collect this information and subject it to statistical treatment in favour of FRUTIHELEN SAS. When the user connects again, the server will recognize the number stored in the “cookie”, as indicated, providing the aforementioned anonymous information.
If the user does not want us to use COOKIES in the provision of our services, they must configure their fixed or mobile devices to deactivate this option, however, if this option is deactivated, FRUTIHELEN SAS will not be able to guarantee the availability of all the services enabled on the platform.
6. SECURITY
FRUTIHELEN SAS will employ commercially reasonable security methods to prevent unauthorized access to the Sites, to maintain data accuracy, and to ensure the correct use of information stored on our platform and/or technology solutions.
FRUTIHELEN SAS informs the holders that the information contained in their account will be accessible, editable and verifiable and is protected by a password defined by the account holder.
In view of the above, we recommend that you do not disclose your password to third parties. Our staff will never ask for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your login information (e.g., user ID and password) on that shared computer. Remember to log out of your account and close your browser window when you are logged in.
7. TRANSMISSION AND TRANSFER OF INFORMATION.
The information provided to FRUTIHELEN SAS. shall be used only for the purposes indicated herein PERSONAL DATA PROTECTION POLICY, and therefore the information will not be sold, licensed, transmitted or disclosed in any way, unless there is express authorization from the HOLDER to do so, it is necessary to allow contractors or agents to provide the services entrusted; is necessary for the purpose of providing services and/or products; it is necessary to disclose it to entities that provide marketing services on behalf of FRUTIHELEN SAS, or to other entities with which joint market agreements are in place; the information relates to a merger, consolidation, acquisition, or other restructuring process of the company; that is required or permitted by law.
8. TEMPORAL LIMITATIONS ON THE PROCESSING OF PERSONAL DATA.
FRUTIHELEN SAS. It may only collect, store, use or circulate personal data in accordance with Colombian law and for the duration of the contractual, pre-contractual and commercial relationship of the use of the platform, until it is reasonable and necessary, in accordance with the purposes that justified the processing, in accordance with the provisions applicable to the matter in question and the administrative aspects. accounting, tax, legal and historical information.
Once the purpose or purposes of the processing have been fulfilled and without prejudice to legal regulations that provide otherwise, the personal data in its possession will be deleted. Notwithstanding the foregoing, personal data must be kept when required to comply with a legal or contractual obligation.
9. RIGHTS OF PERSONAL DATA SUBJECTS.
a) To know, update and rectify your Personal Data before the Companies or the Data Processors thereof. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or data whose Processing is expressly prohibited or has not been authorised.
b) Request proof of the Authorization granted to the Companies, unless the Law indicates that such Authorization is not necessary.
c) Submit requests to the Companies or the Data Processor regarding the use you have given to your Personal Data, and for them to provide you with such information.
d) The revocation and/or deletion will proceed when the Personal Data Protection Authority of Colombia has determined that in the Processing the RESPONSIBLE or PROCESSOR has incurred in conduct contrary to Law 1581 of 2012 (or in its absence with the rules that regulate, add, execute, complement, modify, suppress or repeal it) and/or the Constitution.
The request for deletion of the information and the revocation of the authorisation will not proceed when the OWNER has a legal or contractual duty to remain in the database or the controller has a legal or contractual duty to continue with the processing.
RIGHT TO REQUEST PROOF OF AUTHORIZATION: The OWNER of the data may request proof of the authorization granted to the DATA CONTROLLER except when expressly exempted as a requirement for the processing, in accordance with the provisions of Article 10 of Law 1581 of 2012 (or in its absence with the rules that regulate, add, execute, complement, modify, delete or repeal it) or when the continuity of the processing has been presented in accordance with Article 10 numeral 4 of the Decree 1377 of 2013.
RIGHT TO BE INFORMED REGARDING THE USE OF PERSONAL DATA: The DATA OWNER has the right to be informed by the DATA CONTROLLER or the DATA PROCESSOR , upon request, regarding the use that has been given to their personal data.
RIGHT TO LODGE COMPLAINTS: The OWNER of the data has the right to file complaints with the Superintendence of Industry and Commerce for violations of the provisions of the current regulations on the processing of personal data.
10. AUTHORIZATION OF THE OWNER.
FRUTIHELEN SAS, as the RESPONSIBLE PARTY and the persons that this company designates as DATA PROCESSORS will be subject to the provisions, Internal Manuals and the provisions hereof PERSONAL DATA PROTECTION POLICY. FRUTIHELEN SAS , through the processors, has the legal and contractual duty to obtain prior, express and informed authorization from the OWNER , as a precondition for collecting and processing their personal data, without exception.
The obligation established in the previous paragraph, by legal provision, is not necessary when it is information required by a public or administrative entity in the exercise of its legal functions, when it is a court order, when it is a matter of data of a public nature, cases of medical or health emergency, processing of information authorized by law for historical purposes, statistical or scientific data and data related to the Civil Registry of Persons.
11. PROCEDURE FOR THE EXERCISE OF RIGHTS.
In order to deal with requests, complaints and claims made by any owner of personal data in the exercise of the rights contemplated in the Law and in this PERSONAL DATA PROTECTION POLICY, FRUTIHELEN S.A.S. establishes the following procedure:
SUBMISSION OF QUERIES, REQUESTS FOR UPDATING, RECTIFICATION, DELETION OR REVOCATION OF AUTHORISATION: The OWNERS or their successors may consult the personal information of the OWNER that is stored in the databases of FRUTIHELEN SAS. For this FRUTIHELEN SAS. undertakes to provide them with all the information contained in the individual register or that is linked to the identification of the OWNER.
The owner of the personal data or whoever exercises his or her representation may send his or her query from Monday to Friday from 8:00 a.m. to 5:00 p.m. to the e-mail address contactenos@frutihelen.com addressed to FRUTIHELEN SAS, with the subject “Habeas Data”.
The query will be answered within a maximum term of ten (10) business days from the date of receipt of the same. When it is not possible to respond to the query within said term, the interested party will be informed, stating the reasons for the delay and indicating the date on which their query will be answered, which in no case may exceed five (5) working days following the expiration of the first term.
The owner of the personal data or whoever exercises his representation may send his inquiry from Monday to Friday from 8:00 a.m. to 5:00 p.m. to the e-mail contactenos@frutihelen.com, addressed to FRUTIHELEN SAS, with the subject “Habeas Data”
CONTENT OF THE PETITION, COMPLAINT OR CLAIM: The petition, complaint or claim must contain the full identification of the OWNER, the description of the facts that give rise to the claim, the request made, the address at which you wish to receive a response, a contact telephone number and must be accompanied by the documents that you want to assert.
If the information or documents are incomplete, the interested party will be required within five (5) days of receipt of the complaint to correct the defects. If two (2) months have elapsed 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 complaint is not competent to resolve it, he or she shall notify the appropriate party within a maximum period of two (2) business days and shall inform the interested party of the situation.
Once the complete claim is received, a legend will be included in the database that says “claim in process” and the reason for it, within a term of no more than two (2) business days. This legend must be maintained until the claim is decided.
The maximum term for dealing with 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.
12. AREA RESPONSIBLE FOR THE PROTECTION OF PERSONAL DATA.
The Information Security Management of FRUTIHELEN S.A.S will be responsible for attending to the requests, complaints and claims made by any owner of personal data to the company in exercise of the rights contemplated in favor of the owners of personal data in the Law and in this Personal Data Processing Policy
13. VALIDITY OF THE PERSONAL DATA PROCESSING POLICY.
The effective date of this Personal Data Processing Policy is September 1, 2024.
The Personal Data that are stored, used or transmitted will remain in the Databases of FRUTIHELEN SAS, for the time necessary to fulfill the purposes mentioned in this document.
FRUTIHELEN S.A.S will be responsible for attending to the requests, complaints and claims made by any owner of personal data to the company in exercise of the rights contemplated in favor of the owners of personal data in the Law and in this Personal Data Processing Policy
14. MODIFICATIONS TO THE PERSONAL DATA PROTECTION POLICY.
This PERSONAL DATA PROCESSING POLICY may be modified at any time by FRUTIHELEN SAS. It will be available to customers and the general public in its updated version at the following URL: https://frutihelen.com
If changes are made in the formal part of the procedures, such as changes of address, telephone number, contact email, URL, they will be reflected in the document and made known through the company’s website or by suitable mechanisms that allow the consultation of the documents.
By legal provisions, if changes are made in the purposes of the processing of personal data, notice of the change will be given to the owners of the personal data who are registered in the company’s databases and the latest version of the PERSONAL DATA PROCESSING POLICY and the corresponding form will be made available to them to obtain a copy of their new authorization.