Personal data processing policy of the Barichara Regenerative Foundation
In accordance with the provisions of current legislation on Habeas Data and Personal Data Protection, specifically Law 1581 of 2012 and Decree 1377 of 2013, the data subjects are informed of its policy for the management and administration of personal information, applicable to all interest groups with which it currently has a relationship.
Definitions
In accordance with applicable legislation, this policy will take into account the following definitions:
to) Authorization: Prior, express and informed consent of the Data Subject to carry out the Processing of personal data;
b) Database: An organized set of personal data that is subject to processing;
c) Personal dataAny information linked to or that can be associated with one or more specific or identifiable natural persons;
d) Data Controller: Natural or legal person, public or private, who, alone or in association with others, carries out the Processing of personal data on behalf of the Data Controller;
and) Data Controller: Natural or legal person, public or private, who, alone or in association with others, decides on the database and/or the processing of the data;
F) Holder: Natural person whose personal data is subject to Processing;
g) TreatmentAny operation or set of operations performed on personal data, such as collection, storage, use, circulation or deletion.
Principles of treatment
When the BARICHARA REGENERATIVA FOUNDATION processes your data, it always does so observing the following principles:
to) Principle of legality in matters of data processingThe treatment referred to in this law is a regulated activity that must comply with the provisions of this law and other regulations that develop it;
b) Principle of purposeThe processing must have a legitimate purpose in accordance with the Constitution and the Law, which must be communicated to the Data Subject;
c) Principle of freedomThe processing of personal data may only be carried out with the prior, express, and informed consent of the data subject. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that waives the requirement for consent.;
d) Principle of truthfulness or qualityThe information subject to processing must be truthful, complete, accurate, up-to-date, verifiable, and understandable. The processing of partial, incomplete, fragmented, or misleading data is prohibited.;
and) Principle of transparency: In the Processing, the right of the Data Subject to obtain from the Controller or the Processor, at any time and without restrictions, information about the existence of data concerning him or her must be guaranteed;
F) Principle of restricted access and circulationThe processing of personal data is subject to the limitations arising from the nature of the data, the provisions of this law, and the Constitution. In this regard, processing may only be carried out by persons authorized by the data subject and/or by the persons provided for in this law.;
Personal data, except for public information, may not be available on the Internet or other means of mass dissemination or communication, unless access is technically controllable to provide restricted knowledge only to the Data Subjects or authorized third parties in accordance with this law.
g) Safety principle: The information subject to Processing by the Data Controller or Data Processor referred to in this law, must be handled with the technical, human and administrative measures that are necessary to provide security to the records, preventing their alteration, loss, consultation, use or unauthorized or fraudulent access;
h) Principle of confidentialityAll persons involved in the processing of personal data that is not of a public nature are obliged to guarantee the confidentiality of the information, even after their relationship with any of the tasks that comprise the processing has ended, and may only supply or communicate personal data when it corresponds to the development of the activities authorized in the data protection regulations.
Data Controller
The data controller responsible for processing personal data is:
Name: Mariana Lisbeth Atuesta Pinzón
NIT.: 901808288-1
Phone: +57 3228047670
Address: Cra. 8 # 8-61, Barichara, Colombia
Contact: fundacionbarichararegenerativa@gmail.com
Website: www.barichararegenerativa.org
Types of treatment
The data collected by the BARICHARA REGENERATIVA FOUNDATION will be processed in accordance with the principles established by law, and especially in accordance with the purposes for which we have been authorized.
The processing carried out by the BARICHARA REGENERATIVA FOUNDATION includes the collection, storage, use, processing, circulation, deletion, updating, transmission and/or transfer to any public entity or company that we subcontract for the development of our corporate purpose, including the contracting of cloud services in Colombia and/or other countries that may eventually be considered as destinations without the same protection standards according to the Colombian Data Protection Authority.
In any case, we will only share your personal data for the purposes you have authorized, in accordance with the provisions of Colombian regulations on the protection of personal data regarding confidentiality and information security.
Authorizations and consents
The processing of personal data by the Barichara Regenerative Foundation requires the free, prior, express, and informed consent of the data subject. The Barichara Regenerative Foundation will at all times maintain a record of the authorization granted by the data subject through appropriate means that guarantee it was given expressly, freely, in advance, and with full knowledge, such as written authorizations, electronic authorizations, or authorizations granted upon acceptance of the terms and conditions of services and/or products, the corresponding policy that supports the processing of personal data, or any other mechanism that allows for the verification and demonstration of registration, access, or affiliation with the Barichara Regenerative Foundation's services and/or products.
Purposes of the treatment
The BARICHARA REGENERATIVA FOUNDATION will process the data guaranteeing respect for the rights of the data subjects registered in its various databases, and especially for the purposes described below:
| Stakeholder group | Purposes |
| Members of the Governance | • Publish your professional profile on the website • Send them information about news from the BARICHARA REGENERATIVA FOUNDATION. • Eventually include them in WhatsApp groups. • Maintain the internal directory managed by the Administrative Coordination with the personal information of the Governance members as a historical record of the BARICHARA REGENERATIVA FOUNDATION. |
| Users | • Make contracts or collaboration agreements. • Check disciplinary and/or judicial records • To build the memory of actors in the Territorial Regeneration Action Network from the moment they join the network and receive support from the Territorial Foundation. • Send them relevant news information focused on the regenerative processes of the territory. • Create WhatsApp groups to connect contacts and share learning among the different regenerative processes. • Relationship between regenerative processes. |
| Donors | • Check the criminal, judicial, and business/personal background of the donors. |
| Contributors | • Make recruitment and selection decisions, conduct hiring assessments, perform background checks; request personal and professional references; compile the applicant file; maintain communication with the candidate during the recruitment and selection process; • Conduct necessary investigations and examinations, including psychometric, medical, or any other that may be necessary, in order to determine suitability for the position. • Adopt measures aimed at preventing illicit activities; • Validate the conditions, attitudes and experience in relation to the position for which they have applied; • Monitor the management of the employment relationship; • Monitor compliance with legal obligations arising from employment obligations; • Prepare reports and performance evaluations; • Maintain an individual employee file; • Verify academic, professional, and personal references; • Control security and access to the foundation's facilities; • Check disciplinary and/or judicial records. |
| Events | • To convene the activities of the BARICHARA REGENERATIVE FOUNDATION C• rear strategic alliances |
Processing of sensitive data and data of minors
The Barichara Regenerative Foundation strives to avoid processing sensitive data or data concerning minors. However, should we require data of this category in the course of fulfilling our corporate purpose, it will be processed in accordance with the principles established by law, maintaining the confidentiality mandated by the right to privacy and implementing the necessary information security measures to guarantee the confidentiality, availability, and integrity of the data.
Data subjects are under no obligation to provide data of this nature at any time.
Data transfer
The Barichara Regenerative Foundation may transfer and transmit the collected personal information and data to partner organizations or entities belonging to territorial programs, both nationally and globally, in furtherance of its corporate purpose, including to countries that do not have adequate data protection standards according to the national data protection authority. However, the transfer or transmission of data will only be carried out with companies that it trusts to process the information in accordance with the provisions established by Colombian law.
Similarly, the BARICHARA REGENERATIVA FOUNDATION may share personal data when legally required to do so by a competent authority in the exercise of its functions.
Rights of the holders
Data subjects whose personal data is processed shall have the specific rights provided for in Law 1581 of 2012 and all regulations that supplement, amend, or complement it. These include:
a) To know, update and rectify their personal data before the Data Controllers or Data Processors. This right may be exercised, among others, with respect to partial, inaccurate, incomplete, fragmented data,
that are misleading, or those whose processing is expressly prohibited or has not been authorized.
b) Request proof of the authorization granted to the Data Controller except when expressly exempted as a requirement for the Processing.
c) To be informed by the Data Controller or the Data Processor, upon request, regarding the use that has been made of your personal data.
d) To submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and other regulations that modify, add to or complement it.
e) Revoke authorization and/or request the deletion of data when the Processing does not respect constitutional and legal principles, rights, and guarantees. Revocation and/or deletion will proceed when the Superintendency of Industry and Commerce has determined that the Controller or Processor has engaged in conduct contrary to this law and the Constitution.
f) Access free of charge to your personal data that has been processed.
Modifications and/or additions
This Personal Data Processing Policy may be modified and supplemented, in compliance with requirements established by the corresponding legal regulations.
The duly updated Policy, indicating the date of update, will be published in due course on the BARICHARA REGENERATIVA FOUNDATION Website.
Procedures for exercising the rights of data subjects
1. ConsultationsData subjects or their successors may consult the data subject's personal information held in any database, whether public or private. The data controller or data processor must provide them with all the information contained in the individual record or that is linked to the data subject's identification.
The Data Subject will receive a written response to their inquiry within fifteen (15) business days, starting from the day after the date of receipt. If it is not possible to respond within this period, the Data Subject will be informed of the reasons for the delay and the date on which their inquiry will be addressed, which in no case will exceed eight (8) business days following the expiration of the initial period.
2. ClaimThe Data Subject or their successors who consider that the information contained in a database should be corrected, updated or deleted, or when they notice the alleged breach of any of the duties contained in this law, may file a claim with the Data Controller or the Data Processor.
The Data Subject will receive a written response to their Complaint within fifteen (15) business days, starting from the day after the date of receipt. If it is not possible to respond within this period, the Data Subject will be informed of the reasons for the delay and the date on which their Complaint will be addressed, which in no case will exceed eight (8) business days following the expiration of the initial period.
The Holder, without prejudice to the foregoing, and in the event that his request or claim has not been addressed by the BARICHARA REGENERATIVA FOUNDATION, may in any case subsequently go to the Superintendency of Industry and Commerce (www.sic.gov.co).
Means to exercise the right of Habeas Data
The BARICHARA REGENERATIVA FOUNDATION offers the Holder the following options for exercising their “Habeas Data” rights:
Electronic attention: The Data Subject must make their formal request to the following email address:
barichararegenerativa@gmail.com
The claim must include:
- Description of the facts that give rise to the claim.
- Email address if available.
- Home address.
- Documents that support your request, if you have them.
In any case, the BARICHARA REGENERATIVA FOUNDATION, in order to verify that the person submitting the inquiry or claim is the owner of the information or represents their rights, may request the documents suggested by law to prove the identity of the applicant.
The person responsible for handling inquiries and complaints is Mariana Lisbeth Atuesta Pinzón.
Validity
This policy will be in effect from September 25, 2024 until a new update is reported by the BARICHARA REGENERATIVA FOUNDATION.