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Terms and conditions

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POLITICS OF TREATMENT OF THE INFORMATION

In fulfillment of the disposals of the Law 1581 of 2012 ?Whereby they dictate general disposals for the personal data protection? And of the statutory Decree 1377 of 2013 ?Whereby reglamenta partially the Law 1581 of 2012?, TVAINS INTERNATIONAL SAS (from now on Tvains) publishes the present political which contains the contours that applies for the treatment of the personal data of his customers, providers and users of his distinct programs and plans of mercadeo.

1. Manager of the Treatment of Personal Data:

TVAINS INTERNATIONAL SAS, (from now on Tvains), society legally constituted under the number 01483935 of 30 May of the 2011, with domicile in the city of Bogota, and with direction of notification in the Street 131B n° 57B-07 of Bogota, email of judicial notification in tvains@tvains.com and PBX: 6969550.

2. Treatment of the Personal Data captured by the Manager of the Treatment:

For the treatment, recolección, storage, use, circulation, supresión between others of personal data of natural people by Tvains, will have to obtain previous permission and informed of his Headline (natural person whose personal data are object of Treatment) or the one who find legitimated of compliance with the established in the article 20 of the Decree 1377 of 2013, which will be able to be conceded by half writing or oral or by means of unambiguous behaviours of the title that they allow to conclude of reasonable form that awarded the permission and that it can be object of back query by his Headline or of the one who find legitimated to exert the rights of the Title satisfied the law.

For effects of the present political, the terms that signal to continuation will have the following meanings, which were taken of the Law 1581 of 2012 and of the Decree 1377 of 2013:

?To) Permission: previous Consent, express and informed of the Title to carry out the Treatment of personal data;
b) Warning of privacy: verbal communication or written generated by the Manager directed when Titling for the Treatment of his personal data, by means of which informs him about the existence of the politics of Treatment of information that will be him applicable, the form to access to the same and the purposes of the Treatment that pretends give to the personal data;
c) Database: Group organised of personal data that was object of Treatment;
d) personal Data: Any information linked or that it can associate to one or several determinate natural people or determinable;
Some personal data do part of the designated ?Public data?, inside which find those included in the Civil Registers. Tvains With a view to give fulfillment to his legal and contractual obligations, requires of the treatment of numerous personal data, between these the ones of his workers, to which results him applicable the planned disposals by the Law 1581 of 2012, and his Statutory Decree 1377 of 2012, and in consequence the present political.
And) sensitive Data: it understands by sensitive data those that affect the privacy of the Title or whose undue use can generate his discrimination, such as those that reveal the racial or ethnic origin, the political orientation, the convicciones religious or philosophical, the belonging to unions, social organisations, of human rights or that promote interests of any political party or that guarantee the rights and guarantees of political parties of opposition, as well as the relative data to the health, to the sexual life and the data biométricos.
f) Attendant of the Treatment: natural or juridical Person, public or private, that by himself same or in associate with others, realise the Treatment of personal data by account of the Manager of the Treatment;
g) Manager of the Treatment: natural or juridical Person, public or private, that by himself same or in associate with others, decide on the database and/or the Treatment of the data;
h) Headline: natural Person whose personal data are object of Treatment;
g) Treatment: Any operation or group of operations on personal data, such as the recolección, storage, use, circulation or supresión.
h) Transfer: the transfer of data takes place, when the Manager and/or Attendant of the Treatment of personal data, situated in Colombia, sends the information or the personal data to a receptor, that to his time is Responsible of the Treatment and finds inside or out of the country.
i) Transmission: Treatment of personal data that involves the communication of the same inside or out of the territory of the Republic of Colombia when have by object the realisation of a Treatment by the Attendant by account of the Responsible?.

Tvains Captures personal data in the following activities, without damage that exist other where also do it:

I handle of information of Providers
Handle of information of Wallet and Customers of the distinct lines of business.
Capture of databases in promotions or special activities headed to the customers of his distinct lines of business.
Capture of information through web page
Captures of information through programs of mercadeo.
I handle of information of payroll and of selection of personnel.
I handle of information in service to the customer.
Purchase of databases to entities that administer big bases of information.
Execution of agreements.
Fairs and congresses
Captures of information for studies of market.

During the execution of these activities or of other where present the capture of personal data, the report, divulging, use, query, elimination or supresión, reenvío, transfer, transmission, administration, access, conservation, storage, archive, analysis, copy, processing and inclusion of said personal data inside his databases in his server or the one of a third so much in the country as out of him, Tvains will have to encircle to the terms of the Law 1581 of 2012 and the Decree 1377 of 2013 in the Treatment of the personal data of third, for which will obtain previously permission of his Headline. Previous to share personal data with third, allies, contractors, providers, Tvains will have to cerciorarse to having obtained previously the permission of the Title of the data to give him this use. In accordance with the previous, only will be able to share personal data with third when it have the owed permission of his headline.

In the uses for which allocates Tvains the personal data that captures in execution of his social object find , without limiting to them:

1. Attention of requests of authorities.
2. I handle internal to effects of register of his customers of the distinct lineas of businesses.
3. Analysis of risk crediticio, statistical analyses or of security of his customers or users.
4. Execution and/or fulfillment of the agreements that has with third, comprised inside his social object.
5. The sending of correspondence, emails or telephone contact with his customers, providers and users of his distinct developing programs of advertising activities, promotional, of mercadeo (mainly for plans of fidelity and relational) of execution of sales or studies of market focused to his activity.
6. To share information with commercial allies for the ofrecimiento of services with profits for our customers
7. To share them or send them to third with those who realise alliances or agreements for commercial ends related with the execution of the activities comprised inside his social object.
8. Maintenance by himself same or through a third, of the databases.
9. Attention to the shareholders on his applications and formalities.
10. Selection of personnel, administration of contractings, handle of labour relations and fulfillment of the derivative obligations of the same, otorgamiento of profits to his collaborators by himself same or through third, as well as allow the access of the employees to the computer resources of the company.
11. Transfer and transmission of data to third with those who realise alliances related with his social object, hire studies or commission them the treatment of data.
12. Report and query to head offices of risk crediticio legally constituted in the countries where there is operation
13. Analysis of prospectos with commercial ends already was of customers or users.
14. Management of cobranzas or commercial.
15. Share it with third allies, providers and societies of the same business group situated inside or out of the country, in particular for the realisation of activities of knowledge to the customer, relacionamiento commercial or advertising, management of sales and activities of cobranza.

3. Force of the databases:

The databases of Tvains will have an equal force to the period of time in that it keep the purpose or purposes of the treatment in each database or that required of agreement to the countable norms, commercial, tributarias, labour, or any one applicable according to the matter, and to the administrative appearances, countable, fiscal, juridical and historical of the information stored in the same, with a time limit of fifty years. Like consequence of the previous, and as long as this do not go in contravía of the fulfillment of a valid norm, once fulfilled the or the purposes of the treatment of the data, Tvains will proceed to his supresión. Nevertheless the previous, the personal data will be conserved when they require to give fulfillment to a legal or contractual obligation.

4. Rights of the Headlines of the Data:

In application of the terms of the law, Tvains assumes the paper of Attendant of the Treatment and Manager of the Treatment in all the cases or in any of them, depending on each one of them, when recolecte, store, use, circulate, suppress or transfer or transmit data of Headlines in any of his activities like company, already was in case same or through third.

The rights that assist him according to the law when Titling of the data are the following:

?To) Know, update and rectify his personal data in front of the Managers of the Treatment or Attendants of the Treatment. This right will be able to exert , among others in front of partial data, inaccurate, incomplete, fractionated, that induce to error, or those whose Treatment was on purpose forbidden or have not been authorised;
b) Request proof of the permission awarded to the Manager of the Treatment except when on purpose it except like requirement for the Treatment of compliance with the foreseen in the article 10 of the Law 1581 of 2012;
c) Be informed by the Manager of the Treatment or the Attendant of the Treatment, previous application, concerning the use that has given him to his personal data;
d) Present in front of the Superintendencia of Industry and Trade complaints by infringements to the had in the present law and the other norms that modify it, add or complement;
and) Revoke the permission and/or request the supresión of the data when in the Treatment do not respect the principles, rights and constitutional and legal guarantees. The revocatory and/or supresión will proceed when the Superintendencia of Industry and Trade have determined that in the Treatment the Manager or Attendant have incurred in contrary behaviours to this law and to the Constitution;
f) Access in shape free to his personal data that have been object of Treatment?.

5. Treatment of Sensitive Data and personal data of boys, girls and teenage:

The Treatment on sensitive data and the pertaining to boys, girls and teenagers is forbidden. Nevertheless the previous, Tvains realises the treatment of data of this type in the following only cases and exclusively when half previous permission and expresses of his Headline:

(i) Sensitive data: Tvains realises the treatment of sensitive data authorised by the Article 6 of the Law 1581 of 2012, captured of his collaborators and with only and exclusive ends of handle of the labour relation with the company and to give fulfillment to the legal obligations, contractual and/or conventional derived of the same, in force and/or finalised the same. The previous without prejudice to the permissions that can concede the headlines in the terms of the Article 6 of the Decree 1377 of 2013.

Said data are handled in databases of the area of human management of Tvains.

For the treatment of sensitive data Tvains will owe:

Inform when Titling that for treating of sensitive data is not forced to authorise his Treatment.
Inform when Titling of explicit and previous form, in addition to the general requirements of the permission for the recolección of any type of personal data, which of the data that will be object of treatment are sensitive and the purpose of the treatment, as well as obtain his consent express.
It will not be able to condition any activity to the supply of sensitive personal data.

(ii) Data of boys, girls and teenage: The Treatment of this type of data will be allowed as long as:

Answer and it respect the upper interest of the boys, girls and teenagers
That ensure the respect of his fundamental rights.

Fulfilled the previous requirements, Tvains will have to obtain the permission of the legal representative of the boy, girl or teenage for the capture, storage, sending to third and use of the data with the before distinguished ends, previous exercise of the lower of his right to be listened, opinion that will be valued taking into account the maturity, autonomy and capacity to understand the subject.

6. Attention of Queries, Applications and Catchwords:

Tvains Will have to allow the free access of the Title of the data to his information when like this it require it to realise queries as well as guarantee the right to the Headlines to present catchwords and applications of correction, update or supresión of personal data.

Tvains Will be able to receive the before signalled applications on Personal Data of:

To) The Headline of the data
b) Of the causahabientes, legal representatives or apoderados of the Headlines;
c) Of public or administrative entities in exercise of his legal functions or
d) By court order and of third authorised by the Headline or by the law.
And) By stipulation in favour of another or for another.

Tvains Will allow the receipt of queries, applications and catchwords by half writing to his direction of judicial notification in the Street 131B N57B-07 of Bogota, of oral way and through his web page www.tvains.com. In this last case, Tvains has a link in the web page that designates ?Contact us? That it allows him to the user ingresar to the link of Requests and Catchwords.

The queries on personal data will be resolved by Tvains in a maximum term of fifteen (15) skillful days explained from the date of receipt of the same. When it do not went possible to attend the query inside said term, will inform when Titling or his causahabientes, manifesting the reasons of the demora and signalling the date in that it will attend his query, which in no case will be able to surpass the five (5) following skillful days to the vencimiento of the first term.

During the receipt of queries, requests and catchwords, will have like half evidential the writing that present the Headline or his causahabientes presenting the application.

The formality of these queries and catchwords will be free, except in the cases signalled on purpose by the law.

The application of supresión of the information and the revocatory of the permission will not proceed when the Headline of the data have a legal or contractual duty to remain in the databases of Tvains.

The responsible area in Tvains for the personal data protection that will give formality to the applications, queries and catchwords related with Habeas Dates, is Commercial.

7. Reception of PQR and Queries:

To) For PQR received by half physicist or by means of mail: the Headline or the other people allowed by the law will be able to realise queries, applications or catchwords through a writing headed to the company and will send it by physical post to the Street 131B N° 57B-07 in the city of Bogota, or to the following email: tvains@tvains.com.

The times of answer will be of fifteen (15) skillful days for queries and of fifteen (15) skillful days for catchwords.

b) Application for knowledge, update and rectification of personal data: This will proceed in front of partial data, inaccurate, incomplete, fractionated, that induce to error, or those whose treatment was on purpose forbidden or have not been authorised by the Headline.

The application that realise the Headline regarding this matter, will have to be sent by physical post to the street 131B N°57B-07 in the city of Bogota, or to the following email: tvains@tvains.com.

The times of answer will be of fifteen (15) skillful days for queries and of fifteen (15) skillful days for catchwords.

d) Application to revoke the permission and/or request the supresión of the data: This will proceed to application of the Title (except in the cases where the law signals on purpose that it does not proceed) or when the Superintendencia of Industry and Trade like this determine it, previous verification of the incumplimiento by part of Tvains of the principles, rights and constitutional and legal guarantees.

The times of answer will be of fifteen (15) skillful days for queries and of fifteen (15) skillful days for catchwords.

And) Catchwords by inexactitud or incumplimiento of obligations: The Headline or his causahabientes that consider that the information contained in a database has to be object of correction, update or supresión, or when they consider that it has presented an incumplimiento of any one of the duties contained in the Law 1581 of 2012, will be able to present catchword in front of Tvains by physical post to the street 131B N°57B-07 in the city of Bogota, or to the following email: tvains@tvains.com. Said catchword will be transacted under the following rules:

1. The catchword will formulate by means of application headed to Tvains, with the identification of the Title, the description of the facts that give place to the catchword, the direction, and accompanying the documents that want to do cost. If the catchword results incomplete, will require to the interested inside the five (5) following days to the reception of the catchword so that it amend fail them. Passed two (2) months from the date of the request, without that the present applicant the information required, will understand that it has desisted of the catchword. In case that the one who receive the catchword was not competent to resolve it, will give transfer to the one who correspond in a maximum term of two (2) skillful days and will inform of the situation to the interested.

2. Once received the complete catchword, will include in the database a legend that say ?Catchword in formality? And the reason of the same, in a no greater term to two (2) skillful days. Said legend will have to keep until the catchword was decided.

3. The maximum term to attend the catchword will be of fifteen (15) skillful days explained from the following day to the date of his receipt. When it does not went possible to attend the catchword inside said term, will inform to the interested the reasons of the demora and the date in that it will attend his catchword, which in no case will be able to surpass the eight (8) following skillful days to the vencimiento of the first term.

When it exist a catchword, Tvains will have to inform to the third with those who had shared the personal data that are being object of catchword, that said catchword exists and that finds in formality.

Additional to the previous, will have to insert in the database the legend ?Information in judicial discussion? Once notified by part of the competent authority on judicial processes related with the quality of the personal data;

While the information this being controversial by his Headline in front of the authority, Tvains will not be able to circulate it with third.

8. Committee of Privacy: With the end to give fulfillment to the disposals of the Law 1581 of 2012 and his Statutory Decree 1377 of 2013, creates the Committee of Privacy. This committee is conformed by the General Manager, the Commercial Manager and of Human Management and the Boss of IT. His functions are the following:

1. Cater the mechanisms so that the processes and controls are designed to look after the personal data protection looking for salvaguardar the application of permission for the treatment of personal data, the fulfillment of the politics of treatment of the information, the fulfillment of the politics of each area on habeas dates, the operation of the methods of query and answer on applications associated to personal data, including his supresión.
2. Resolve queries of the distinct areas of the company on the treatment of personal data.
3. Request modifications to the internal processes of the distinct areas of the company with the end to keep them ranged with the norms of habeas dates and the Politics of Treatment of the Information of Tvains.
4. Define the programs of qualification and training, together with his periodicity, that are required by the personnel and contractors of Tvains.
5. Review the results of the internal and external audits realised on the treatment of personal data and establish plans of action in front of his results.

The Committee of Privacy sesionará once a year or in each opportunity that require . The attendant to realise the announcements for the meetings is the Official of Privacy.

9. Update of this Politics:

Tvains Reserves the right to update the present Political when like this it require it of agreement to his internal procedures and exercise of his activities. When it was up to date, will have to inform it through ideal means to the Headlines of the data contained in his databases, previous to his implementation.

10. Date of entrance in force of the Politics:

The present political is published the day 2 May 2017.