JAIBANÁ IT S.A.S. is a company with its principal domicile in Medellín, Colombia, committed to complying with personal data regulations. Accordingly, JAIBANÁ IT S.A.S. undertakes to protect privacy in the use, collection and processing of personal data of clients, suppliers and employees. JAIBANÁ IT S.A.S. maintains strict confidentiality over personal data and guarantees the right of DATA SUBJECTS to know, update and rectify the information contained in our databases.
Information processing
Personal data incorporated by JAIBANÁ IT S.A.S. into databases and files is processed exclusively for the established purposes. Each personal data item used by JAIBANÁ IT S.A.S. has the respective authorization.
Once the contractual, commercial or any other relationship between the personal data subject and the Company ends, the processing of personal data will cease, provided that the data subject has no legal or contractual duty to remain in the database.
For purposes of applying this manual, JAIBANÁ IT S.A.S. may act as controller or processor of the personal information supplied by data subjects.
Duties of JAIBANÁ IT S.A.S. as data controller
Request and keep, under the conditions provided by law, a copy of the respective authorization granted by the data subject.
Properly inform the data subject of the purpose of collection and the rights granted by the authorization.
Keep the information under the security conditions necessary to prevent adulteration, loss, consultation, use or unauthorized or fraudulent access.
Ensure that information supplied to the processor is truthful, complete, accurate, updated, verifiable and understandable.
Update the information by timely informing the processor of all changes regarding the data previously supplied, and adopt any other measures necessary to keep the information updated.
Rectify information when it is incorrect and communicate the relevant correction to the processor.
Provide the processor, as applicable, only data whose processing has been previously authorized in accordance with the law.
Require the processor, at all times, to respect the security and privacy conditions of the data subject information.
Handle consultations and claims within the terms established by law.
Adopt an internal policy and procedure manual to ensure proper compliance with the law and, especially, attention to consultations and claims.
Inform the processor when certain information is under dispute by the data subject, once a claim has been filed and the respective process has not been completed.
Inform the data subject, upon request, about the use given to their data.
Inform the data protection authority when security code violations occur and there are risks in the administration of data subject information.
Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
Duties of JAIBANÁ IT S.A.S. as data processor
Guarantee the data subject, at all times, the full and effective exercise of habeas data rights.
Keep the information under the security conditions necessary to prevent adulteration, loss, consultation, use or unauthorized or fraudulent access.
Timely update, rectify or delete data under the terms of the law.
Update the information reported by controllers within five (5) business days counted from receipt.
Handle consultations and claims submitted by data subjects within the terms established by law.
Adopt an internal policy and procedure manual to ensure proper compliance with the law and, especially, attention to consultations and claims by data subjects.
Insert into the database the legend "information under judicial dispute" once notified by the competent authority regarding judicial proceedings related to the quality of personal data.
Refrain from circulating information that is being disputed by the data subject and whose blocking has been ordered by the Superintendence of Industry and Commerce.
Allow access to information only to persons authorized under the terms of the law and this manual.
Inform the Superintendence of Industry and Commerce when security code violations occur.
Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
Obligations for the processing of sensitive data
For the processing of sensitive data, JAIBANÁ IT S.A.S. must comply with the following obligations:
Inform the data subject that, because the data is sensitive, they are not obliged to authorize its processing.
Explicitly and previously inform the data subject, in addition to the general authorization requirements for collecting any type of personal data, which data to be processed is sensitive and the purpose of processing, and obtain their express consent.
Rights and procedures
JAIBANÁ IT S.A.S. will guarantee DATA SUBJECTS access, rectification and deletion of personal data that has been processed, as well as the right to request proof of the authorization granted for processing. These rights may be exercised directly by the data subject, their representative or successor, as applicable.
Right of access
Every person has the right to know whether their personal data has been processed by JAIBANÁ IT S.A.S. under the terms of the Data Protection Law, as well as the right to know the origin of their data and whether it has been transferred to third parties and, therefore, the identification of the transferees.
Rights of rectification and cancellation
DATA SUBJECTS have the right to verify before the data controller the accuracy and truthfulness of the data and request its rectification when it is inaccurate, incomplete or misleading. Data subjects must indicate the data they request to correct and attach the documentation supporting the request.
Requests for rectification and cancellation
DATA SUBJECTS may request the deletion or cancellation of their personal data when its processing by the controller or processor is excessive or inadequate. The data will be kept during the periods provided by applicable regulations and/or, as the case may be, according to the contractual relationships between the data subject and the controller.
The data subject must indicate the data to be deleted or rectified and, where applicable, provide the documentation or evidence supporting the request. Deletion will result in the blocking of the data, which will be kept by the controller only so that it may be accessible to administrative or judicial authorities during the applicable limitation period. Once this period has elapsed, the personal information of the interested or affected person in our databases or files must be definitively cancelled.
In any case, requests for deletion and revocation of authorization will not proceed when the data subject has a legal or contractual duty to remain in the database.
Consultation and claim procedures
To exercise these rights, the data subject may use the channels enabled by JAIBANÁ IT S.A.S. for customer service in Medellín, by phone at +57 310 787 39 15 or by email at info@jaibana.co.
The Data Protection officer of JAIBANÁ IT S.A.S. will be responsible for handling petitions, consultations and claims before the company, through which data subjects may exercise their rights to know, update, rectify and delete data and revoke authorization.
Among other functions, this officer will process requests from data subjects for the exercise of the rights referred to in Law 1581 of 2012 and Decree 1377 of 2013, and oversee the effective implementation of the policies and procedures adopted by JAIBANÁ IT S.A.S. in this manual.
Exercise of rights
Rights must be exercised by the interested person, their authorized representative or attorney-in-fact, duly identified. The representative or authorized person must attach a copy of the respective power of attorney or authorization.
If the request is submitted by a person who is not the data subject or is not authorized by the data subject, the response will state that it is not possible to respond to the request due to the restriction of the information.
Consultations
JAIBANÁ IT S.A.S., as controller or processor of the personal information of DATA SUBJECTS, must provide them with all information contained in the individual record or linked to the identification of the data subject.
The consultation shall be submitted through the enabled channel and will be answered within a maximum term of fifteen (15) business days counted from the date of receipt of the request.
When it is not possible to answer within that term, the interested party will be informed of the reasons for the delay and the date on which the consultation will be answered, which in no case may exceed five (5) business days following the expiration of the first term.
All information delivered to the personal data subject must be legible, accurate and verifiable.
Claims
The data subject or their successors who consider that information contained in a database should be corrected, updated or deleted, or who notice an alleged breach of any duty contained in Law 1581 of 2012, may file a claim before JAIBANÁ IT S.A.S.
The claim shall be submitted through a request addressed to JAIBANÁ IT S.A.S., including the identification of the data subject, the description of the facts giving rise to the claim, the address and the supporting documents. If the claim is incomplete, the interested party will be required within five (5) business days following receipt to correct the deficiencies. If two (2) calendar months elapse from the date of the requirement without the applicant providing the requested information, the claim will be deemed withdrawn.
If the person receiving the claim is not competent to resolve it, they will transfer it to the appropriate person within a maximum term of three (3) business days and inform the interested party.
The maximum term to handle the claim will be fifteen (15) business days counted from the day following receipt. When it is not possible to respond within that term, the interested party will be informed of the reasons for the delay and the date on which the claim will be answered, which in no case may exceed eight (8) business days following the expiration of the first term.
The interested or affected person who wishes to exercise any of the rights mentioned in this document may do so by written communication to the entity responsible for processing their personal information, accompanied by their signature and a copy of their personal identification.
Our office
Office address: Calle 42A # 68 32 Medellín, Colombia
Email: info@jaibana.co
Phone: +57 310 787 39 15
Validity of the JAIBANÁ IT S.A.S. processing policy
The databases will remain valid for the period during which the processing purpose or purposes are maintained in each database, or for the period established by law, contracts or respective capture forms.