PERSONAL DATA PROTECTION POLICY ARTEZA DECOR ®
This Personal Data Protection Policy ("Protection Policy") describes the privacy practices of ARTEZA DECOR regarding the information collected through our website www.artezadecor.com.co or if you have been contacted through any of our social networks, WhatsApp, email, telephone, or any other messaging medium.
By visiting our website and/or using the available features and/or services, you agree to the terms and conditions of this Personal Data Protection Policy. This policy may be modified from time to time, and any changes will be appropriately published as required by law. The continued use of the website after such modifications have been implemented will be considered tacit acceptance. Therefore, it is important to periodically review our policy.
PLEASE READ THIS PERSONAL DATA PROTECTION POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR PERSONAL INFORMATION AND ITS PROCESSING. IF YOU DO NOT AGREE WITH IT, PLEASE REFRAIN FROM ACCESSING OUR WEBSITE OR PROVIDING YOUR PERSONAL DATA.
For the purposes of this Personal Data Protection Policy, the following terms and definitions apply:
- Authorization: Prior, express, and informed consent of the Data Subject for the processing of their personal data. In any case, tacit authorization will be understood to exist when you, as a user of our site or buyer of our products, access our website, social networks, or communicate through WhatsApp or any other messaging medium (including email or telephone communication).
- Privacy Notice: Verbal or written communication generated by the Data Controller, addressed to the Data Subject for the Processing of their Personal Data. Through this notice, the Data Subject is informed about the existence of the information processing policies that will be applicable, how to access them, and the purposes of the intended processing of personal data.
- Database: An organized set of Personal Data that is subject to Processing.
- Personal Data: Information of any kind, linked or that can be associated with one or more specific or determinable natural or legal persons.
- Public Data: Personal Data classified as such according to the mandates of the law or the Political Constitution, and those that are not semi-private, private, or sensitive. Public data includes, among others, information regarding the marital status of individuals, their profession or occupation, their status as a merchant or public servant, and any information that can be obtained without reservation. By their nature, public data may be contained, among other things, in public records, official documents, official gazettes, and bulletins, as well as non-confidential court judgments.
- Sensitive Data: This refers to data that affects the privacy of the Data Subject or whose misuse could lead to their discrimination. It includes information that reveals racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in unions, social organizations, human rights organizations, or that promotes the interests of any political party or guarantees the rights and guarantees of opposition political parties. Additionally, it covers data related to health, sexual life, and biometric data.
- Data Processor: A natural or legal person, public or private, who, on their own or in association with others, processes personal data on behalf of the data controller.
- Data Controller: A natural or legal person, public or private, who, by themselves or in association with others, decides on the Database and/or the Processing of Personal Data.
- Data Subject: Natural person whose personal data is processed.
- Processing: Operation or set of operations on Personal Data, such as collection, preservation, ordering, storage, modification, linking, use, circulation, or deletion.
- Transfer: This activity takes place when the controller and/or processor of personal data, located in Colombia, sends information or personal data to a recipient, who in turn is responsible for processing and is located inside or outside the country.
- Transmisión: Processing of personal data that involves the communication of such data within or outside the territory of the Republic of Colombia when the purpose is to carry out processing by the processor on behalf of the controller.
The processing of personal data will be carried out throughout the existing commercial relationship with our clients, users, employees, associates, contractors, authorities, and, in general, any third party that is part of their stakeholder groups, for the following purposes, as applicable:
- To promote the products marketed by ARTEZA DECOR.
- To maintain contact with our clients.
- To provide required responses to government authorities or to exercise the legal rights that correspond to ARTEZA DECOR..
- To send communications related to commercial relationships, regardless of the contractual stage being carried out.
- To respond to complaints and claims.
- For marketing activities and the conduct of customer satisfaction surveys.
- To contact and contract services and products.
- To carry out the process of selection, evaluation, hiring, execution, and termination of the employment or contractual relationship that arises with workers or contractors/collaborators.
The protection of personal data at ARTEZA DECOR is subject to the following principles established in Law 1581 of 2012 and will be understood in accordance with the provisions of said law or those that subsequently repeal or modify it, namely: the principle of legality in the processing of data, the principle of purpose, the principle of freedom, the principle of truth or quality, the principle of transparency, the principle of access and restricted circulation, the principle of security, and the principle of confidentiality.
In implementing the aforementioned principles:
- The processing of personal data within ARTEZA DECOR can only be carried out with the prior, express, and informed consent of the Data Subject. Personal data may not be obtained, processed, or disclosed without the authorization of the Data Subject, except for a legal or judicial mandate that supersedes the express consent of the Data Subject or in cases where it is provided directly by the Data Subject when contacting ARTEZA DECOR.
- The personal data collected by ARTEZA DECOR will exclusively be those provided by the Data Subject, and therefore, ARTEZA DECOR may not modify or fractionate them without the prior consent of the Data Subject.
- The Data Subject is guaranteed the right to obtain information from the Data Controller and/or Data Processor about the existence of the data that concerns them.
- The data collected by ARTEZA DECOR will have an exclusive purpose according to the specific characteristics of the Data Subject and will be appropriate for that purpose.
- The personal data collected or processed by ARTEZA DECOR will be used within the scope of the purpose and authorization granted by the Data Subject. Therefore, they will only be transferred to third parties that require this data for the provision of services provided by ARTEZA DECOR as necessary (for example, the product delivery service) and that have the same purpose that ARTEZA DECOR is giving to such personal data.
- Once the purpose for which the personal data was collected is fulfilled, ARTEZA DECOR will cease its use and take the necessary measures to ensure its deletion, with the exception of the obligations that commercial law establishes for the books and correspondence of the trader or as required by legislation (including labor legislation) or the relevant authority.
- ARTEZA DECOR will take the physical, technological, and/or administrative measures necessary to ensure the security of the personal data under its custody.
- ARTEZA DECOR and all individuals involved in the processing of personal data within it must maintain the confidentiality of such data, except as provided by law.
- ARTEZA DECOR does not require (within the personal data requested or to which it has access) personal data related to political affiliation, religious beliefs, sexual identity, technical origin, or health data (except for what is related to legal terms within the employment relationship).
In accordance with the provisions of numeral 2.9 of this Policy, the Data Subjects shall be all individuals registered in the databases of ARTEZA DECOR, including shareholders, employees, suppliers, associates, and clients.
In accordance with the law, natural persons whose personal data is processed by ARTEZA DECOR have the following rights:
- The right to request proof of authorization. This right can be exercised at any time by the data subject when they believe they did not give their consent to authorize the processing of personal data, except when expressly exempted as a requirement for processing; that is, the data has been provided freely and voluntarily by the data subject when contacting ARTEZA DECOR to acquire its products, to offer their own products or services, or to submit resumes in selection processes.
The legal representatives of minors will have the authority to authorize or not the processing of their personal data. In any case, in the processing of the data of minors, ARTEZA DECOR will ensure respect for the prevailing rights of minors, such as privacy and personal protection, in accordance with the provisions of Article 44 of the National Constitution.
The provisions of Article 7 of Law 1581 of 2012, or the regulations that modify it, will always be followed regarding the rights of children and adolescents.
- EXERCISE OF THE RIGHTS OF THE DATA SUBJECTS
To exercise these rights, the Data Subject may contact ARTEZA DECOR through written communication addressed to the following email: servicioalcliente@artezadecor.com
The Data Subject must ensure the accuracy of the data provided to ARTEZA DECOR; therefore, ARTEZA DECOR will not be held responsible for any liability arising from the inaccuracy of the information provided by the Data Subject.
This Privacy Policy by ARTEZA DECOR aims to ensure the confidentiality, integrity, freedom, truthfulness, transparency, and availability of information and databases of its customers, workers, contractors, collaborators, suppliers, shareholders, authorities, and, in general, any third party that is part of its stakeholder groups. It guarantees the availability of the technological infrastructure for the processing of personal data collected for legal, contractual, and commercial purposes.
To comply with the purpose of this Policy, ARTEZA DECOR adheres to current regulations, seeking effective mechanisms for the protection of the rights of the data subjects to whom it processes data. The necessary measures are developed to ensure the security of this information. If ARTEZA DECOR contracts with a third party to act as the Data Processor for the administration of ARTEZA DECOR's database, this third party must fully adhere to and be bound by this Data Protection Policy, as stipulated in the contract for that purpose.
- ARTIZA DECOR'S OBLIGATIONS AS DATA CONTROLLER.
The obligations of ARTEZA DECOR as the Data Controller shall include the following:
- To ensure, at all times, the full and effective exercise of the right to habeas data for the Data Subject;
- To request and retain, under the conditions provided by law, a copy of the respective authorization granted by the Data Subject, in case it is not granted implicitly as outlined in this document;
- To properly inform the Data Subject about the purpose of the data collection and the rights granted by virtue of the authorization;
- To maintain the information under necessary security conditions to prevent its alteration, loss, consultation, unauthorized or fraudulent use or access;
- To ensure that the information provided to the Data Processor (when it is a third party) is truthful, complete, accurate, up-to-date, verifiable, and understandable. For this purpose, the information should be updated and corrected;
- To demand from the Data Processor (when it is a third party) at all times, compliance with the security and privacy conditions of the Data Subject's information;
- To process inquiries and complaints as indicated in this policy;
- To inform, upon request of the Data Subject, about the use given to their data;
- To register databases in accordance with legal guidelines (as applicable) and provide the corresponding information in accordance with said guidelines;
- To comply with the instructions and requirements issued by the Superintendence of Industry and Commerce or those imposed by law regarding the compliance with this policy..
ARTEZA DECOR will collect the personal data of the Data Subject, limiting itself to requesting data that is relevant or related to the purpose for which it is collected and the relationship that ARTEZA DECOR has with the Data Subject. This is without prejudice to the exceptions provided by law. Any personal data collected by ARTEZA DECOR must have the prior and express authorization of the Data Subject, which should be obtained through any means—written, physical, digital, or electronic—that can be consulted later and must be provided no later than at the time of collection. This is without prejudice to the exceptions provided by law, including cases where personal data has been provided with the implicit authorization of the Data Subject at the time of their contact with ARTEZA DECOR.
At the time of requesting authorization, ARTEZA DECOR will inform the Data Subject of the specific purposes for which the collected personal data will be used and the rights that the Data Subject has to request the update, rectification, cancellation, and opposition to their personal data.
ARTEZA DECOR will retain the collected and authorized personal data in its written and digital records, taking all necessary measures to ensure their protection.
If the Data Subject wishes to inquire about their personal data in the possession of ARTEZA DECOR, they must submit this inquiry to the Data Controller at servicioalcliente@artezadecor.com. Within ten (10) business days from the date of receipt, ARTEZA DECOR will provide the Data Subject with all the information contained in the individual record or that is linked to the identification of the Data Subject. If it is not possible to respond to the inquiry within this period, ARTEZA DECOR will inform the requester, stating the reasons for the delay and indicating the date on which the inquiry will be addressed, which in no case shall exceed five (5) business days following the expiration of the initial term.
If the Data Subject believes that the information related to their personal data should be corrected, updated, or deleted, or if they notice a presumed breach of any of the duties contained in this law, they may file a written complaint following the procedure established in Article 15 of Law 1581 of 2012.
ARTEZA DECOR may process personal data through physical mail, email, landline, mobile phone or device, website, text message, fax, social media, surveys, or through any widely known means of communication, in accordance with the current regulations.
- PROCESSING OF SENSITIVE DATA
The processing of sensitive data will be carried out in accordance with the provisions of Articles 5 and 6 of Law 1581 of 2012.
ARTEZA DECOR will inform individuals interested in participating in a selection process, in advance, about the rules applicable to the processing of the personal data they provide, as well as those obtained during the selection process. Personal data provided during the selection process will be used solely for the study and assessment of the candidate for the advertised position; however, ARTEZA DECOR may verify the accuracy of the information provided. If the individual is not selected, they may request the return of their documents or allow them to remain in the company's files for consideration in future selection processes.
ARTEZA DECOR will store the personal data obtained during the employment relationship with workers in a folder identified with the name of each individual.
ARTEZA DECOR may verify the accuracy of the information provided by the worker at any time during the contractual relationship. ARTEZA DECOR will use the collected data of workers to: (i) carry out activities related to its corporate purpose; (ii) communicate aspects of the employment relationship; (iii) fulfill obligations contracted with the worker, data subject, regarding payment of salaries, social benefits, and other obligations established in the employment contract and in the current legislation on the matter; (iv) manage and administer human resources, whether directly or through third parties with whom there is a contractual relationship; (v) issue employment certifications; (vi) inform the worker, data subject, of modifications during the employment contract or notify the worker, data subject, of specific situations during the contract or in accordance with the law; (vii) assess the quality of services offered by the worker, data subject; and (viii) conduct internal studies on the habits of the worker, data subject, for corporate well-being programs. This information may also be shared with public or administrative entities that require it in the exercise of their functions or in the case of a court order.
In the event of termination of the contractual relationship, ARTEZA DECOR may retain personal data when required for: (i) compliance with a legal or contractual obligation, (ii) compliance with orders from judicial authorities, (iii) issuing certifications related to the employment relationship that existed between the worker, data subject, and ARTEZA DECOR, and (iv) statistical or historical purposes.
- Processing of Personal Data for Suppliers and Associates:
Understanding that the personal data of suppliers and associates have been provided voluntarily and with implicit authorization through commercial proposals, quotations, invoices, service brochures, and contracts.
When, by court order or administrative authority, ARTEZA DECOR is required to disclose the data of the natural person supplier/associate as a result of a contracting process, this will be done with provisions that comply with the provisions of this document and will inform third parties about the purpose of the disclosed information.
The purposes for which personal data of suppliers and associates will be used include: (i) sending invitations to contract and conducting activities for pre-contractual or negotiation stages, contractual, and post-contractual stages; (ii) sending invitations to events scheduled by ARTEZA DECOR; (iii) and any other purposes specifically established in authorizations granted by the suppliers and associates themselves, when required in accordance with current regulations or in accordance with Law 1581 of 2012
ARTEZA DECOR may collect personal data of employees of its suppliers and associates when, for security reasons, it needs to analyze and evaluate the suitability of certain individuals, taking into account the characteristics of the services contracted with the supplier, especially when dealing with natural person suppliers.
When ARTEZA DECOR provides personal data of any Data Subject to its suppliers or associates, they must protect the supplied personal data, in accordance with current regulations. For this purpose, the respective audit provision will be included in the contract or document that legitimizes the provision of personal data. ARTEZA DECOR will verify that the requested data are necessary, relevant, and not excessive regarding the purpose underlying the request for access to them.
- Processing of Personal Data of Customers
ARTEZA DECOR will collect personal data from customers as part of its commercial activities, for the purpose of delivering products, and especially to respond to customer requests or inquiries.
The personal data of the customer may also be processed for the following purposes: (i) conducting assessments of service quality, regardless of the method used, (ii) carrying out marketing and promotional campaigns for services provided by ARTEZA DECOR, (iii) Customer Relationship Management (CRM) development, (iv) offering products or any type of commercial proposal, and (v) evaluating customer satisfaction with the received products and services.
The policies outlined in this document are based on the right to Habeas Data as defined by Article 15 of the National Constitution, which states: "All persons have the right to their personal and family privacy and to their good name, and the State must respect them and ensure that they are respected. Likewise, they have the right to know, update, and rectify the information collected about them in databases and files of public and private entities. In the collection, processing, and circulation of data, freedom and other guarantees enshrined in the Constitution will be respected. (...)", including the powers of authorization, inclusion of new data, and deletion of such data in accordance with the provisions established by the Constitutional Court (Judgment C-748 of 2011, Judge Jorge Ignacio Pretelt Ch.).
ARTEZA DECOR reserves the right to modify the Personal Data Protection Policy at any time. Any modifications will be communicated in a timely manner to the data subjects through the usual contact methods and/or through its website with ten (10) business days' notice before they take effect
This Policy has been developed in accordance with the laws of the Republic of Colombia, and any claim, whether private or before an administrative/judicial authority, arising from this Policy or the processing of the personal data of the Data Subject, must be submitted in the Republic of Colombia
This Personal Data Protection Policy will be effective from March 1, 2022.
The managed databases will be maintained indefinitely as long as they serve their purpose and are necessary to ensure compliance with legal obligations, particularly in labor and accounting matters. However, the data may be deleted at any time upon request from the Data Subject, provided that such a request does not contradict a legal obligation of ARTEZA DECOR or an obligation contained in a contract between the company and a third party.