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PRIVACY POLICY AND PERSONAL DATA PROCESSING

  1. ABOUT US

ENCLAVE ABOGADOS is a boutique law firm dedicated to consultancy, advisory, and legal representation of legal entities and individuals in Colombia, aiming to provide comprehensive and high-quality solutions to our clients.

Identification and Contact Information: ENCLAVE ABOGADOS

Address: Carrera 48A #16Sur-86, Office 907, Plex Corporativo Building, Medellín, Antioquia.

Tel: (604) 322 8075. Cell: 316 830 4040

Website: www.enclaveabogados.com

Email: notificaciones@enclaveabogados.com

DEFINITIONS

Authorization: refers to the prior, express, and informed consent of the data subject for ENCLAVE ABOGADOS or its representatives to process the personal data of the data subject.

Privacy Notice: is the physical, electronic, or any other format document generated by ENCLAVE ABOGADOS, made available to the data subject for the processing of their personal data. It informs the data subject about the existence of the personal data processing policies applicable to them, how to access such policies, and the characteristics of the intended data processing.

Database: refers to an organized collection of personal data subject to processing, including physical and electronic files. The databases owned by ENCLAVE ABOGADOS are detailed in Section VI of these policies.

Personal Data: as per Law 1581 of 2012, refers to any information linked or associable to one or more specific or determinable natural persons.

Public Data: personal data categorized as public by law or the Constitution. Public data includes, among others, information regarding individuals' marital status, profession or occupation, commercial or public servant status.

Sensitive Data: personal data the use of which impacts the data subject's privacy or improper use of which could lead to discrimination. This includes data revealing racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in unions, social organizations, human rights organizations, or any political party interests. It also encompasses data related to health, sexual life, and biometric data, as well as data that safeguards the rights and guarantees of opposition political parties.

Data Processor: natural or legal person, public or private, who, independently or in conjunction with others, processes personal data on behalf of the data controller.

Data Controller: natural or legal person, public or private, who, independently or in conjunction with others, decides on the database and/or the processing of data.

Data Subject: natural person whose personal data is being processed.

Processing: any operation or set of operations performed by ENCLAVE ABOGADOS or data processors on behalf of ENCLAVE ABOGADOS, such as collection, storage, use, circulation, or deletion.

Transfer: sending personal data to a recipient who, in turn, is a data controller under the terms of Law 1581 of 2012.

Transmission: communication of personal data to the data processor, within or outside the territory of the Republic of Colombia, for the purpose of processing by the processor on behalf of ENCLAVE ABOGADOS.

  1. PROCESSING OF PERSONAL DATA

The personal data of clients, suppliers, contractors, employees, former employees, whether collected in the future or present in our databases, will be processed for the following purposes:

DEFINITIONS

End Clients: ENCLAVE ABOGADOS will use the provided information to:

  1. Conduct relevant actions for the pre-contractual, contractual, and post-contractual stages with ENCLAVE ABOGADOS, related to any of the services and products offered by the company, whether acquired or not, or concerning any underlying business relationship, as well as to comply with Colombian or foreign laws and orders from judicial or administrative authorities.
  2. Handle processes (requests, complaints, claims), perform risk analysis, conduct satisfaction surveys regarding the company's products and services, as well as its business partners.
  3. Provide contact information and relevant documents to the commercial, promotion, and/or distribution network departments, telemarketing, market research, and any third parties with which the company has a contractual relationship of any nature.
  4. Disclose, transfer, and/or transmit my personal data within and outside the country, to third parties due to a contract, law, or lawful relationship that requires it, or to implement cloud computing services.
  5. Perform, through any means directly or through third parties, programming and technical service provision, sales, purchases, billing, portfolio management, service and product performance tracking, collection, business intelligence, marketing activities, promotion or advertising, service improvement, collection monitoring, verification, consultation, and control, payment gateway enablement, as well as any other activities related to our current and future products and services, for the fulfillment of contractual obligations and the company's corporate purpose.
  6. For the sending and receiving of goods or advertising material according to the requirements of the demanded functions and the sustainability of the company's business.
  7. Control and prevent fraud in any of its modalities.

Suppliers, Contractors, and/or Employees and Former Employees: Conduct analysis, evaluations, and selection of potential suppliers and/or contractors. Communication of our policies and procedures for the engagement of suppliers. Analysis of information on quality and service levels received from suppliers. Legal compliance in fiscal, customs, and commercial matters with administrative and judicial entities. Initiate business agreements to acquire goods or services. Control and payments for received goods and services. Monitoring, control, and accounting recording of obligations incurred with suppliers. Consultations, audits, and reviews derived from agreements with suppliers and/or contractors. Control and prevent fraud in any of its modalities.

Some of these activities are carried out in compliance with legal and contractual obligations; therefore, the processing of personal data is understood to be included therein.

III. RIGHTS OF DATA SUBJECTS

Data subjects whose personal data is registered in ENCLAVE ABOGADOS' databases have the following rights:

  1. To know, update, and rectify their personal data. These rights can be exercised, among others, regarding partial, inaccurate, incomplete, fragmented data, data that may lead to errors, or data whose processing is expressly prohibited or unauthorized.
  2. To request proof of the authorization granted to ENCLAVE ABOGADOS, except when it is explicitly exempted as a requirement for processing, in accordance with Article 10 of Law 1581 of 2012.
  3. To be informed about the use that ENCLAVE ABOGADOS or the data processor has given to their personal data, upon request.
  4. By filing a claim in accordance with Article 15 of Law 1581 of 2012, to request the revocation of the authorization and/or request the deletion of personal data when the processing does not respect constitutional and legal principles, rights, and guarantees, or at any time when the data subject does not have a legal or contractual obligation to remain in ENCLAVE ABOGADOS' databases, and in accordance with the procedure indicated in Section IV of this policy.
  5. To access the personal data that have been subject to processing free of charge once a month.

PROCEDURE FOR INQUIRIES AND COMPLAINTS

ENCLAVE ABOGADOS guarantees the right of inquiry, providing individuals exercising this right with all the information contained in their individual record or related to the identification of the data subject.

The person responsible for handling requests related to data subjects' rights will be the attorney in charge of the email address notificaciones@enclaveabogados.com. This individual will receive, process, and channel the various requests received, forwarding them to the respective department mentioned above, which is responsible for data processing. Upon receiving these communications, the designated contact will fulfill the role of personal data protection, processing requests from data subjects in accordance with the terms, deadlines, and conditions established by current regulations for the exercise of rights such as access, inquiry, rectification, updating, deletion, and revocation, as provided for in the current data protection legislation.

For the handling of requests to inquire about personal data, ENCLAVE ABOGADOS ensures that electronic and telephone communication methods are available. The contact information for exercising these rights is as follows:

Address: Carrera 48A #16Sur-86, Office 907, Plex Corporativo Building, Medellín, Antioquia.

Tel: (57+604) 322 8075

Website: www.enclaveabogados.com

Email: notificaciones@enclaveabogados.com

In any case, regardless of the mechanism implemented for handling inquiry requests, they will be addressed within a maximum period of ten (10) business days from the date of receipt. If it is not possible to address the inquiry within this time frame, the interested party will be informed before the expiration of the ten (10) days, providing reasons for the delay and indicating the date on which the inquiry will be addressed. This subsequent date will not exceed five (5) business days from the expiration of the initial ten-day period.

We also guarantee the right to file complaints regarding the databases for correction, updating, or deletion, or in cases where there is a perceived failure to comply with any of the duties outlined in Law 1581 of 2012 and other applicable regulations. Complaints will be processed according to the following rules:

  1. If a received complaint lacks complete information necessary for processing, such as the data subject's identification, a description of the circumstances giving rise to the complaint, an address, and supporting documents, the complainant will be requested to rectify the deficiencies within five (5) days of receipt. If, after two (2) months from the date of the request, the necessary information is not provided, it will be deemed that the complainant has withdrawn the complaint.
  2. In the event that ENCLAVE ABOGADOS receives a complaint directed at another organization, it will promptly forward the complaint to the appropriate party within a maximum of two (2) business days and inform the complainant of the situation.
  3. Once a complete complaint is received, ENCLAVE ABOGADOS will include a mention in its database stating "complaint under review" along with the reason for the complaint, within a maximum period of two (2) business days. This label must remain until the complaint is resolved.
  4. The maximum time to address the complaint will be fifteen (15) business days from the day following the date of its receipt. If it is not possible to address the complaint within this time frame, the interested party will be informed before the expiration of the said period, providing reasons for the delay and indicating the date on which the complaint will be addressed. This subsequent date will not exceed eight (8) business days from the expiration of the initial period.

Special Rules for Exercising Data Subject Rights:

Requests for rectification, updating, or deletion must be submitted through the means enabled by ENCLAVE ABOGADOS, as indicated in the privacy notice and this document. Such requests must include, at a minimum, the following information:

  1. The name, address, and contact information of the data subject to receive a response, such as phone number, email address, and residential address.
  2. Documents proving the identity or representation of the data subject's legal representative.
  3. A clear and precise description of the personal data in relation to which the data subject seeks to exercise any of the rights.
  4. Any other elements or documents that facilitate the location of the personal data if applicable.
  5. ENCLAVE ABOGADOS is obligated to rectify and update, upon request of the data subject, any incomplete or inaccurate information concerning the data subject, in accordance with the procedure and terms outlined above. In this regard, the following points will be considered:

ENCLAVE ABOGADOS has the full discretion to establish mechanisms that facilitate the exercise of this right.

Deletion of Data:

The data subject has the right, at any time, to request the deletion (elimination) of their personal data from ENCLAVE ABOGADOS when:

  1. They believe that their data is not being processed in accordance with the principles, duties, and obligations set forth in Law 1581 of 2012.
  2. The data is no longer necessary or relevant for the purpose for which it was collected.
  3. The period necessary for the fulfillment of the purposes for which the data was collected has elapsed.

This deletion implies the complete or partial removal of personal information as requested by the data subject, from records, files, databases, or processing conducted by ENCLAVE ABOGADOS. The data subject should be aware that the right to deletion is not absolute and the data controller may deny its exercise when:

  1. The request for data deletion is not applicable when the data subject has a legal or contractual obligation to remain in the database.
  2. The deletion of data obstructs judicial or administrative proceedings related to tax obligations, the investigation and prosecution of crimes, or the updating of administrative sanctions.
  3. The data is necessary to protect legally protected interests of the data subject, to perform an action in the public interest, or to comply with a legal obligation acquired by the data subject.

If the cancellation of personal data is deemed appropriate, ENCLAVE ABOGADOS must carry out the deletion operationally in a manner that prevents the recovery of the information.

  1. INTERNATIONAL TRANSFER OF PERSONAL DATA

Whenever data is sent or transferred to another country, it is essential to have the authorization of the data subject whose information is being transferred. Unless otherwise stipulated by law, the existence of such authorization is a necessary condition for the international circulation of data. In this sense, before sending personal data to another country, those obligated to comply with this policy must verify that they have obtained the prior, express, and unequivocal authorization of the data subject that allows the transmission of their personal data.

Such transfer of personal data is only carried out to third parties with whom ENCLAVE ABOGADOS has a contractual, commercial, and/or legal relationship.

  1. IDENTIFICATION OF DATABASES AND PERIOD OF VALIDITY:
  2. Commercial-Client Database.

Type of processing: collection, updating, retention, and transfer of personal data (mixed manual and automated).

Purpose: sending commercial communications, commercial prospecting, newsletters, promotions, and advertising.

Validity period: validity of the ENCLAVE ABOGADOS company.

  1. Suppliers Database.

Type of processing: collection, updating, retention, and transfer of personal data.

Purpose: invoicing, contracting, analysis, evaluations, and selection of potential suppliers and/or contractors.

Validity period: contact withdrawal, duration of contractual relationship, and legal duty.

  1. Employee Talent Database.

Type of processing: collection, updating, retention, and transfer of personal data.

Purpose: employment relationship, service provision, legal communications to staff. Access to well-being benefits.

Validity period: employee withdrawal, duration of contractual relationship, and legal obligation concerning former employees.

VII. DURATION AND UPDATING OF THE POLICIES

These policies are effective as of January 1, 2020.

As a general rule, the term of authorizations regarding the use of personal data by clients and/or users is understood to be for the duration of the commercial relationship or service engagement and during the exercise of the company's corporate purpose. Authorizations for customer and/or user data may be terminated by their own will at any time. If the individual is an active client of ENCLAVE ABOGADOS, their data cannot be used for any purpose other than the provision of the product or service and for offering subsequent renewals when the service has this option.

When the terms of the privacy policies of any of the services or products contracted by a data subject change significantly, as a general rule, new authorization will be obtained in the renewal process for services that offer such option. For other cases, authorization will be obtained in the manner established for each policy or privacy notice, or through the usual means of communication between the company and data subjects.

Any substantial changes to the Treatment policies will be communicated promptly to data subjects through regular communication channels and/or via: the website www.enclaveabogados.com or by email sent to the data subjects. For data subjects without electronic access or those who cannot be reached, notifications will be communicated through open notices on the website or at the organization's premises.

Such communications will be sent at least ten (10) days before implementing the new policies and/or substantial updates.

ENCLAVE ABOGADOS