POLICY FOR THE PROCESSING OF PERSONAL DATA LMT GROUP S.A.S.
1. RESPONSIBLE PARTY: LMT GROUP S.A.S. , a registered company under Colombian law domiciled in the city of Cali, and identifiable by NIT. 901292757-7. (hereinafter “LAST KINGS COLOMBIA” or the “Responsible Party”)
2. GENERAL DESCRIPTION:
LAST KINGS COLOMBIA, in accordance with the provisions of the Political Constitution of Colombia, Law 1581 2012, Regulatory Decree 1377 2013, Decree 1074 2015 and other complementary provisions, adopts the following Personal Data Treatment Policy, intended by LAST KINGS COLOMBIA to be applied in all respects to the collection, storage, use, circulation, deletion and in general to all the different activities that constitute or may constitute processing of personal data according to the current legislation.
For the purposes of applying the provisions of this Policy –
Authorization means prior, express and informed consent of the holder to carry out the processing of personal data in accordance with this Personal Data Treatment Policy.
Authorized means all the people, who under the responsibility of the Company or its managers, can carry out personal data processing.
Claim means the request of the holder of the Personal Data or the persons Authorized by them or by the Law to correct, update or delete their Personal Data or when they warn that there is an alleged breach of the data protection regime.
Commercial Allies means any legal or natural person that promotes, offers or markets its own or third party products and/or services with which LAST KINGS COLOMBIA has a commercial relationship for the development of its portfolio.
Consultation means the request of the Owner of the personal data, or the persons Authorized by the Owner, or the authorities by Law, to have knowledge of information on the Owner in the databases of the responsible party.
Database means the organized set of personal data that are subject to – whatever the modality of its formation, electronic or not – treatment, storage, organization and access. (hereinafter “Database”)
Owner means the natural person whose personal data are subject to treatment.
Personal Data means any information linked to or that may be associated with one or more specific or determinable natural persons. For the purposes of this Policy, Personal Data means, but is not limited to name, surname, age, gender, marital status, email address, correspondence address, identification number, date of birth, telephone number and profession. (hereinafter “Personal Data”)
Party in Charge of Treatment means the natural or legal person that carries out the processing of Personal Data, based on a delegation made by the Party in Charge of Treatment, receiving instructions about the way in which the data should be administered (hereinafter “Party in Charge”).
Privacy Notice means verbal, written or sent communication through any current technological means, generated by the Responsible Party or by any third party designated by them for the purposes, addressed to the Owner for the treatment of their Personal Data, whereby they are informed of the existence of the Personal Data treatment policies that will be applicable, the way to access them and the purposes of the treatment that is intended for the Personal Data provided.
Private Data means the data that due to its intimate or reserved nature is only relevant for the holder. For the purposes of this Policy, Sensitive Data means data that is understood to affect the privacy of the holder or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership in unions, social organizations, human rights organizations or organizations that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sex life, and data biometrics. (hereinafter “Sensitive Data”)
Responsible Party for the Treatment means the natural or legal person, public or private, that by itself or in association with others, decides on the purpose of the Databases and/or the treatment thereof. (hereinafter “LAST KINGS COLOMBIA” or the “Responsible Party”).
Transfer means the operation carried out by the Party in Charge or the Party in Charge of the treatment of Personal Data when they send the information to another national or international recipient, who, in turn, becomes the Party in Charge of the treatment of said data.
Transmission means the processing of Personal Data that implies the communication of the same data within or outside the territory of the Republic of Colombia, when that transmission is intended to carry out a treatment by the manager on behalf of the Responsible Party.
Treatment of Personal Data means the operation or set of operations in relation to Personal Data, such as the collection, storage, use, circulation or deletion of Personal Data. Treatment can be national or international. (hereinafter “Treatment”)
LAST KINGS COLOMBIA defines its Personal Data Treatment Policy taking into account the following principles:
Principle of Purpose: The processing of Personal Data shall obey a legitimate purpose in accordance with the Political Constitution of Colombia and the Law, of which the holder shall be informed.
Principle of Freedom: Treatment can only be exercised with the prior, express and informed consent of the holder. Personal Data may not be obtained or disclosed without prior Authorization, or in the absence of a legal or judicial mandate that relieves consent.
Principle of Truthfulness or Quality: The information subject to Treatment shall be truthful, complete, exact, updated, verifiable and understandable. Processing of partial, incomplete, fragmented or misleading data is prohibited.
Principle of Transparency: In the Treatment, the right of the holder to obtain at any time and without restrictions, information about the existence of data concerning them shall be guaranteed.
Principle of Access and Restricted Circulation: Personal Data, except for public information, shall not be available on the Internet or disseminated via other means, unless access is technically controllable to provide restricted knowledge only to the Owner or Authorized third parties in accordance with the law.
Security Principle: The information subject to Treatment shall be handled with the technical, human and administrative measures that are necessary to ensure the security of the data records, avoiding their adulteration, loss, unauthorized use or access.
Principle of Confidentiality: All persons involved in the processing of Personal Data are obliged to guarantee the reservation of information, even after the end of their relationship with any of the tasks that the Treatment comprises, and shall only supply or communicate Personal Data when this corresponds to the development of the activities expressly authorized in the Law.
Data Processing Policy: Refers to the terms and conditions contained in this Data Processing Policy. (hereinafter “Policy”)
5. TREATMENT AND PURPOSE OF THE COLLECTION OF PERSONAL DATA:
5.1 LAST KINGS COLOMBIA will carry out the Treatment of Personal Data for the fulfillment of the activities of its corporate purpose, in accordance with the provisions of Law 1581 2012, Regulatory Decree 1377 2013, Decree 1074 2015 and other provisions. The Treatment may be carried out through electronic, physical, automated means and/or using any known or unknown digital means, which may vary depending on the way the information is collected.
5.2 The purpose for which LAST KINGS COLOMBIA collects, stores, uses, purifies, analyzes, treats, circulates, transmits or directly or indirectly Transfers Personal Data of the holder is:
i) The proper development of its corporate purpose, including the use of data for the execution of the existing contractual relationship, business or commercial alliance with its clients, contractors, suppliers, allies, users, employees and third parties.
ii) Promote its services and products and those of its affiliates, subsidiaries, third party business allies and their allies.
iii) Deliver or send Personal Data to related companies, affiliates, subsidiaries and third party business allies and their allies that require the information for the purposes described here.
iv) Achieve efficient communication related to its products, services, research, offers, as well as those of its affiliates, subsidiaries, affiliates, third party business allies and their allies to facilitate general access to the information collected.
v) Send by any means of communication that is created or shall be created, advertising, promotional and marketing information of its own affiliates and subsidiaries of third party Commercial Allies or of those of their allies, implementing a global marketing strategy aimed at promoting and advertising, among others, its products, services, offers, promotions, invitations, discounts, prizes, loyalty programs, campaigns and raffles.
vi) Provide information to third parties or business partners with whom LMT GROUP S.A.S. have a contractual relationship and for which it is necessary to deliver for the fulfillment of the objectives of the contract.
vii) Contact, manage procedures (PQR’s) and carry out quality evaluations of products and services, and updating data and other marketing and administrative activities necessary for the full development of its corporate purpose, as well as for its subsidiaries, affiliates, subsidiaries, third party Commercial Allies, or their allies.
viii) Report on new products or services that are related to the development of its corporate purpose, affiliates, subsidiaries, third party business partners, or their allies.
ix) Make known Transfer and/or transmit Personal Data within and outside the country to the parent companies, affiliates or subsidiaries of LAST KINGS COLOMBIA or to third parties by virtue of a contract, the Law or any legal relationship that requires it or to implement storage or computing services in the “cloud”.
x) Carry out internal research on consumer habits.
xi) Sort, classify, or separate the information provided, and verify, confirm, validate, investigate and compare the information provided by the Owner with any information obtained legitimately.
xii) Security and improvement of the service and the experience of the holder through the portal.
xiii) Carry out the necessary tax, accounting, fiscal and billing procedures.
xiv) To comply with the obligations contracted by LMT GROUP S.A.S. with the Owner, in relation to the payment of salaries, social benefits and other remuneration stipulated in the employment contract or as provided by law (in the case of employees of the organization).
First Paragraph: The Personal Data that are provided by the holder will be treated and used only for the purposes set forth herein, and for a period counted from the moment the Authorization was granted until the date determined for the validity by the company LMT GROUP S.A.S.
Second Paragraph: The information provided by the holder may be shared with agencies, information managers, service providers, business partners and their allies or third parties in general that provide services to LAST KINGS COLOMBIA or on behalf of and on behalf of LAST KINGS COLOMBIA.
Third Paragraph: LAST KINGS COLOMBIA does not request or carry out Treatment of Sensitive Data.
Fourth Paragraph: LAST KINGS COLOMBIA guarantees that the mechanisms through which it makes use of Personal Data are safe and confidential. LAST KINGS COLOMBIA use computer security mechanisms and the most effective technological means to ensure that data are stored in such a way that it prevents unwanted access by third parties.
The collection, storage, use, purification, analysis, circulation, Transmission or Transfer, circulation or deletion of Personal Data by LAST KINGS COLOMBIA requires, in every instance, the prior, express and informed consent of the holder of the data. In accordance with current legislation, LAST KINGS COLOMBIA provides the following mechanisms to obtain Authorization or ratification from the Owner of Personal Data:
6.1 The Authorization may appear in a physical, electronic or any other document that guarantees its subsequent Consultation, or through a suitable technical or technological mechanism through which it can be concluded that the holder granted their Authorization to store their data in the LAST KINGS COLOMBIA Database. For the purposes of this Policy, Authorization is understood to be that given through technological mechanisms such as, but not limited to, a “click” of acceptance of LAST KINGS COLOMBIA Terms and Conditions and the Personal Data Treatment Policy at the time the holder enters their data for sending emails, subscribing to “Newsletter” or filling out forms via www.lastkingscol.com site and/or by subscribing through third party applications such as, but not limited, to Facebook, Instagram or LinkedIn.
6.2 The Authorization procedure expressly guarantees the holder of the Personal Data knows and accepts that LAST KINGS COLOMBIA shall collect, store, use, purify, analyze, circulate, transmit, Transfer, update or delete, in accordance with the Law, information for the purposes that to that effect inform you prior to the granting of the Authorization, and for the purpose contained in this document.
6.3 As a minimum, the Authorization requested by LAST KINGS COLOMBIA shall establish:
(i) The complete identification of the person from whom Personal Data is collected
(ii) The Authorization referred to in DEFINITIONS above
iii) The purpose of the Personal Data Treatment
(iv) The rights of access, correction, updating or deletion of the Personal Data provided by the Owner of the same data
6.4 It shall be the responsibility of LAST KINGS COLOMBIA to adopt the necessary measures to keep records of when and how Authorization was obtained from the holders.
6.5 The holders of Personal Data may request at any time, and without limitation of any kind, the deletion of their data and/or revoke the Authorization granted for the Treatment thereof. It shall be the obligation of LAST KINGS COLOMBIA, and in particular its marketing department, to keep a record of each Authorization issued by the Owner or, failing that, the sending of the communication referred to in this Policy. Authorizations shall be available at all times during the processing of Personal Data, and for five (5) years thereafter. For storage, LAST KINGS COLOMBIA may use computers, electronic storage systems or any other technology.
7. INTERNATIONAL TRANSFER AND TRANSMISSION OF DATA:
The holder authorizes LAST KINGS COLOMBIA to carry out the international Transfer or Transmission of Personal Data, guaranteeing the appropriate levels for their protection and compliance with the requirements stipulated in Law 1581 2012 and its Regulatory Decrees. Likewise, it authorizes LAST KINGS COLOMBIA to send and/or Transmit Personal Data to one or more managers located within or outside the national territory for the Treatment of Personal Data in accordance with the terms of Law 1581 2012 and its Regulatory Decrees.
8. RIGHTS OF THE OWNER OF THE INFORMATION
The Owner of the Personal Data shall have the following rights:
Know, update and rectify their Personal Data in the presence of LAST KINGS COLOMBIA. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or those whose Treatment is expressly prohibited or has not been authorized.
Request, when appropriate, proof of the Authorization granted to LAST KINGS COLOMBIA.
Be informed by LAST KINGS COLOMBIA, or the Party in Charge of Treatment, regarding the use that their Personal Data has been put to.
Lodge to the Superintendency of Industry and Commerce complaints for infractions in line with the provisions of Law 1581 2012, after exhausting the Claims procedure established in the Personal Data Treatment Policy.
Revoke the Authorization and/or request the deletion of Personal Data when the principles, rights and constitutional and legal guarantees are not respected in the Treatment. In the same way, the revocation and/or deletion shall proceed when the Superintendency of Industry and Commerce has determined that the managers or managers have engaged in conduct contrary to Law 1581 2012 and the Constitution.
Free access to their Personal Data that have been processed.
9. DUTIES OF LAST KINGS COLOMBIA:
As the Responsible Party of the Treatment of Personal Data, LAST KINGS COLOMBIA, as well as its contractors and its workers, undertake to comply with the following duties:
Guarantee the Owner of the information, at all times, the full and effective exercise of the right to habeas data.
Keep a copy of the communication and the corresponding Authorization granted by the Owner.
Properly inform the holder on the purpose of the collection and the rights that assist them by virtue of the Authorization granted.
Keep the information under the necessary security conditions to prevent its adulteration, loss, Consultation, use or unauthorized access.
In the event of sharing and/or updating the information with a Treatment manager, guarantee that the Authorization given by the holder is sufficient and that the information itself is truthful, complete, exact, updated, verifiable and understandable.
Process the queries and Claims made by the holder in the terms of this Policy and the LAST KINGS COLOMBIA Personal Data Treatment Policy.
Rectify the information when it is incorrect.
Process the queries and Claims made by the holder in the terms of this Personal Data Treatment Policy LAST KINGS COLOMBIA.
Inform, at the request of the Owner, the use their data is put to.
Inform the data protection authority when there are violations of the security codes and there are risks in the administration of the information of the holders.
Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.
Comply with the other provisions contained in the Law and in the regulatory decrees.
Register in the Database the legend “Claim in process” when appropriate.
Insert in the Database the legend “Information under judicial discussion” once notified by the competent authority about judicial processes related to the quality of Personal Data.
Refrain from circulating information that is deemed controversial by the holder and whose blocking has been ordered by the Superintendency of Industry and Commerce.
Allow access to information only to people who can have access to it.
Make known, through the LAST KINGS COLOMBIA website, new mechanisms that it implements so that the holders of the information are able to effectively employ their rights, as well as any modification to the Personal Data Treatment Policy.
Complying with the express prohibition contained in article 12 of Decree 1377 2013, LAST KINGS COLOMBIA refrains from collecting Personal Data of children and adolescents and storing it in its Databases.
10. RESPONSIBLE AREA AND PROCEDURE FOR THE EXERCISE OF THE HOLDER’S RIGHTS:
The holder, their representative or successor in title may present at any time and free of charge, Consultations, requests and/or Claims to LAST KINGS COLOMBIA to know, update, rectify, request the deletion of their Personal Data and/or revoke the Authorization. For this reason, it is the responsibility of the entire team of employees and sub-contractors of LAST KINGS COLOMBIA without exception, to comply with the Information Treatment Policy, and with especial due attention to the requests, complaints and Claims that the holder presents before the company. To exercise their rights, the holder or whoever acts on their behalf, may present their petitions, complaints and/or Claims to LAST KINGS COLOMBIA by the following means:
i) Email: INFOLASTKINGS@GMAIL.COM
ii) Telephone: +57 3118751811
iii) Written communication by electronic means through the LAST KINGS COLOMBIA website
The area responsible for the management and Treatment of the Databases, as the case may be, shall at all times be the Party in Charge of the customer service department in charge of responding to the requests, complaints and Claims made by the holder in the exercise of their rights. The attention of a query, request, complaint or Claim (PQR), received in writing, email, or by electronic means, telephone or verbally, will be processed according to the following procedure:
Consultation: When the main Claim is a query, concerning the personal information of the holder that resides in the LAST KINGS COLOMBIA Database, the procedure shall be the one established here:
The query shall be made by filling in the PQR LAST KINGS COLOMBIA form accessible on the website or upon request by email: firstname.lastname@example.org Once the query is received, a response shall be given to the holder, whatever it may be, within ten (10) business days from the date of receipt. If it is not possible to attend to the query within said term, the holder shall be informed, stating the reasons for the delay and indicating the date on which the query shall be attended, which may not exceed five (5) business days from date of the expiration of the first term.
Claim: When the main Claim is a Claim, that is, when the holder considers that the information contained in the LAST KINGS COLOMBIA Databases shall be subject to correction, updating or deletion, or when they notice the breach of any of the duties contained in Law 1581 2012 by LAST KINGS COLOMBIA, the procedure shall be the one established here:
(i) The Claim shall be formulated by means of a request addressed to the Responsible Party or Party in Charge of the information, with the identification number of the holder, the description of the facts that give rise to the Claim, the address and the documents it deems necessary
(ii) If the Claim is found to be incomplete, the holder or whoever acts on their behalf shall be required within five (5) business days following receipt of the Claim to correct the errors
(iii) If after two (2) months from the date of the request for correction, the holder or whoever acts on their behalf does not present the required information, it shall be understood that they have withdrawn the Claim
(iv) Once a Claim is received satisfying all of the requirements, it shall be included in the Databases for a term not exceeding two (2) business days identifying it with a legend stating “Claim in process” and the reason for it. Said legend shall be kept until the Claim is decided
(v) If after two (2) months from the date of the request for rectification, the holder or whoever acts on their behalf does not present the required information, it shall be understood that they have withdrawn the Claim
(vi) The maximum term to attend to the Claim shall be fifteen (15) business days from the day following its receipt. When it is not possible to attend to the Claim within this term, the interested party shall be informed of the reasons for the delay and the date on which their Claim shall be addressed, which may not exceed eight (8) business days following the expiration of the original term
(vii) In the event that LAST KINGS COLOMBIA receives a Claim and is not able to resolve it, it shall Transfer, as far as possible, to a competent third party within a maximum term of two (2) business days and shall inform the interested party of the situation
(viii) When the request is made by a person other than the Owner and it is not proven that it acts on their behalf, the request shall be deemed not submitted
11. RECTIFICATION, UPDATING AND DELETING OF PERSONAL DATA:
In accordance with the provisions of section 10 above, LAST KINGS COLOMBIA shall rectify, update or delete any type of information at the request of the holder, according to the procedure and the terms indicated in the article previous. In the case of rectification and/or updating, the proposed corrections shall be duly substantiated.
The holder of the information, in every instance, shall have the right to request the total or partial elimination of their Personal Data, and for this the procedure established in section 10 above shall be followed. LAST KINGS COLOMBIA may only deny the deletion when:
i) The holder has a legal and/or contractual obligation to remain in the Database
ii) The deletion of the data hinders judicial or administrative actions in progress
iii) In other cases outlined in article 10 Law 1581 2012, when appropriate
12. INFORMATION SECURITY MEASURES: LAST KINGS COLOMBIA shall adopt the technical, human and administrative measures that are necessary to grant security to data records, avoiding their adulteration, loss, Consultation, use or unauthorized access. These measures shall respond to the minimum requirements made by current legislation.
LAST KINGS COLOMBIA designates the customer service department or whoever acts on its behalf, to fulfill the function of protecting Personal Data, as well as to process the requests of the holders, for the exercise of the rights of access, Consultation, rectification, updating, deletion and revocation referred to in Law 1581 2012, Decree 1377 2013 and the Personal Data Treatment Policy LAST KINGS COLOMBIA.
This Personal Data Treatment Policy LAST KINGS COLOMBIA shall be in force for a term equal to that established by law for the duration of the company or its extensions. LAST KINGS COLOMBIA remind the Owner that they have the right to know, update, rectify and request the deletion of their Personal Data at any time, for which LAST KINGS COLOMBIA asks the Owner to communicate their decision via the aforementioned email address or through the website www.lastkingscol.com The Databases in which the Personal Data is recorded shall have a validity equal to the time for which the information is kept and used for the purposes described in this Policy. Once these purposes are met, and so long as there is no legal or contractual obligation to keep their information, the Owner’s data shall be deleted from LAST KINGS COLOMBIA Databases.
LMT GROUP S.A.S.