POLICY ABOUT THE PERSONAL INFORMATION USE AND TREATMENT, AND PRIVACY AND CONFIDENCIALITY OF THE INFORMATION REMAINING IN GOVERNANCE CONSULTANTS´DATA BASE

 

Governance Consultants S.A (thereof GCSA) is a corporate governance specialized consulting firm, committed with its principles. Its clients are predominantly state-owned enterprises, public and private companies that aim to enhance their decision making structures, better articulate relations with its shareholders, establish more effective control mechanisms.

  1. Legal Frame

Based on article 15 of Colombian Constitution, any person has the right to know, update and rectify his/her personal data existing in public or private organizations ´ data bases. Also, organizations that collect, manage and circulate personal data are required to comply with and respect the rights and obligations established by the Constitution, as well as the requirements set by Statutory Law 1581/2012, Decree 1377/2013 from Trade, Industry and Tourism Ministry and other related regulations.

  1. Objetivos
  • Define the criteria for the collection, gathering, storage, use, processing, circulation, elimination, compilation, exchange, treatment, updating, and sharing of data provided by third parties and incorporated in different GCSA´s date bases  or electronic repositories, according to the legal activities that the firm has been authorized to perform.
  • Establish GCSA´s responsibilities regarding personal data treatment.
  • Communicate the purposes of the information treatment as well as the rights the Owners of the information have and the procedures to make them effective.
  • Clarify the measures that may guaranty an adequate personal data treatment under security and confidentiality standards.

 

  1. Policy scope

This policy is applicable to personal data bases contained in data bases managed by GCSA. The firm is responsible for the treatment of the information under the terms of article 3 of Law 1581/2012.

GCSA is committed to guaranty privacy, good name and autonomy rights regarding personal data treatment. In that sense, all the firm´s actions and activities regarding data treatment will be ruled by legality, finality, liberty, veracity, quality, security, confidentiality and transparency principles. It will also guaranty restricted access and circulation of the information.

 

  1. GCSA´s responsibilities regarding data bases treatment.
  • Data bases where the Owners information is stored have a duration determined by the duration of GCSA´s operations.
  • Data bases accessed by GCSA from national or local State entities, during the execution of the firm´s projects, will be treated under the terms established by those entities and according the legal responsibilities they perform.
  • For cloud hired services; GCSA will make its best technical efforts to assure that the service offers an adequate data protection, is provided by professionals on the subject and has the technological means that reasonably guaranty confidentiality, integrity and availability of the information.
  • Data bases are hosted in GCSA´s administrative and accounting software or in cloud services provided by expert third parties specifically dedicated to such activity. GCSA has technological and human resources to protect the confidentiality, integrity and availability of the information and its data bases. GCSA´s financing and administrative division is responsible of planning, implementing and maintaining security and continuity of information assets of IT product that support administrative and financing processes in GCSA. In that sense GCSA has implemented mechanisms to assure the security of the collected information and makes its best efforts to prudently and diligently maintain that level of security. However, the Owner of the information acknowledges that GCSA´s management does not give any guaranty or has no obligation or responsibility if the information is lost or stolen from its IT system.
  • While navigating in GCSA´s web site (www.governanceconsultants.com), cookies can be inserted in the users browser with the purpose of understanding its preferences and present advertising from other sites, based on previous interactions with the corporate site. Cookies do not collect any personal information such as names, addresses, mails, phone numbers. If users do not want to store cookies in their computers, they can be unplugged from the browser.
  • Each person that manage, update or have any access to the information stored in GCSA´s data bases, or any kind of electronic repositories, are required to keep it in strictly confidential manner and not disclose to third parties.
  • GCSA has the right to modify or update its policy of use and treatment of the personal information, always respecting constitutional rights and regulations. The policy will be modified or updated under the terms of protection data regulations. Any substantial change will be informed to third parties through personal or public mechanisms, as deemed necessary.
  • GCSA will use its clients, suppliers, contractors and employees´ corporate information for the following purposes, without restricting it to it:
  1. Perform all the administrative activities related to GCSA´s services.
  2. Diffuse information related to GCSA´s consulting services.
  3. Perform surveys and/or research studies to assess the service provided to our clients and their level of satisfaction.
  4. Promote knowledge and awareness in subjects related to corporate governance and different services provided by GCSA.
  5. Evaluate candidates to be incorporated permanently or by fixed term, into the firm as employees or contractors. Also, to use the information during the working or contractual relationships.
  6. To undertake any necessary activities previous, during and after GCSA´s contractual relationship with its providers or employees.
  7. Provide information regarding events, publications, advertisement or any news related to GCSA and its activities.
  8. Guaranty the safety of GCSA´s personnel, assets and platforms, as well as the quality of its services.
  9. Comply with constitutional, legal and regulatory requirements from the Colombian legal frame.

 

  1. Conditions of use, responsibilities and rights of the information owners.
  • By authorizing GCSA to collect their personal data, through data recollection forms or any other means, the owners of the information acknowledge and accept without any restriction, the incorporation and treatment of the provided data, under the terms of this policy.
  • The information owners are the sole responsible for the veracity and accuracy of the information they provide. They accept their obligation to update the information and are responsible for any false or inaccurate information they provide. In that sense they are responsible for any damage they might cause to GCSA or third authorized parties for the use of the information.
  • The owner of the information acknowledges that he is voluntarily providing the information to GCSA by any authorized channel. Personal data will not be given to third parties without his consent, unless it is information requested, under the Colombian legal frame, by a public entity or through a judicial order; public information; for statistical or scientific purposes; or when there are corporate agreements for collaboration through which  research purposes involved.
  • The owner of the information can at any time exercise his rights of access, updating, rectification or suppression of his personal data. He can also revoke the authorization given to GCSA and exercise any right related to data protection (habeas data). In that regard, the following rules must be followed:
    • Any request, enquiry and complaint from the owner of the information must be sent via email contacto@gcsa.co, or by regular mail or in person to the following address: Carrera 11 No. 86-60 oficina 302 Edificio los Cedros – Bogotá, Colombia
    • The requests related to access, updating, rectification and suppression of personal data. As well as revoking GCSA´s authorization or any other right associated with personal data protection (habeas data) will be responded in fifteen (15) working days.

 

  1. GCSA´s responsabilities towards Superintendencia de industria y Comercio.
  • Inform to the Superintendencia de Industria y Comercio when there are potential risks regarding the treatment of owners of the information.
  • Comply with the instructions and requirements given by the Superintendencia de Industria y Comercio.

 

  1. Contact information

Governance Consultants S.A.

Tel: (571) 4744399 – 7044057

Email: contacto@gcsa.co

Address: Cra 11 # 86 – 60 oficina 302 Edificio los Cedros. Bogotá.

 

  1. Validity and modifications.

The current policy is in force as of September 2014. Under the article 13 of the Decree 1377/2013 any substantial change to the policy must be informed to the owners of the information.

GCSA will keep personal data if they are necessary or relevant for the purposes they have been collected or for the time established un the law and regulations.