Privacy Policy
I. INTRODUCTION
POLICIES FOR THE PROCESSING OF PERSONAL DATA AND HABEAS DATA
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S.
900069224-5
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. committed to the values of respect, adherence to the law, discretion, confidentiality, availability, integrity, and proper handling of information, and especially to the conviction of guaranteeing fundamental rights through this document and proposal, aims to comply with Law 1266 of 2008 and Law 1581 of 2012, regulated by Decree 1377 of 2013, which highlight the need to adopt a Manual of Policies and Procedures that guarantees compliance with said law, responding to queries and complaints that may arise from the owner of the personal data.
In paragraphs d) and e) of Article 3 of Law 1581 of 2012, mention is made of the data processor and data controller. PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. fulfills both of these roles simultaneously and, in many of the databases it manages, is responsible for all personal data and is obliged to safeguard it in the manner established in this law.
Current technologies must enable companies and/or entities to efficiently manage, use, and store personal information used to fulfill their corporate and business objectives, solely for the purposes for which it is linked. For this reason, PROMOTORA HOTEL SAN FERNANDO PLAZA Sociedad Anónima, whose main purpose is the following activities: the operation of real estate developments for hotels, warehouses, and apartments; commercial operations of hotels, travel agencies, leases, and the sale of movable and immovable property.
In pursuit of this objective, the company may execute all acts or contracts that are convenient or necessary for the full fulfillment of its corporate purpose and that are directly related to the aforementioned objective. To achieve this objective, the Company may carry out, among others, the following activities, by way of illustration but not limitation:
a). Opening and promoting new markets and consolidating existing ones.
b). Marketing, diversifying, and consolidating the offer.
c). Commercially representing and acting as an agent for domestic and foreign companies.
d). Participating in investment projects related to its corporate purpose.
e). Acquiring, owning, using, leasing, managing, constructing, and disposing of all kinds of movable and immovable property, taking them under any title, and establishing other real or personal rights with respect to them.
f). Distribute, import, export, or acquire, under any title, goods, equipment, implements, machinery, equipment, and raw materials related to its activity or necessary for its development.
g). Dispose of, encumber, and generally administer the assets that make up its corporate assets.
h). Give or receive money as a loan, with or without interest, but not on a regular or large scale.
i). To constitute, create, draw, accept, endorse, and circulate all kinds of securities and credit documents, civil or commercial, and real, personal, or exchange guarantees.
j). To appoint attorneys-in-fact, agents, and special or general representatives, judicial or extrajudicial, and to represent domestic and foreign companies and entrepreneurs.
k). Contract, in any capacity, the services of individuals or legal entities and professionals at its service.
l). Establish, in the appropriate legal form, consortiums or associations in the country or abroad with domestic or foreign firms, for the performance of any activity or work inherent to its purpose.
m). Merge the social enterprise with other similar or complementary enterprises.
n). Participate in all kinds of bids, competitions, tenders, offers, and auctions, individually or jointly with individuals or legal entities, public or private, foreign or mixed.
o). Enter into and execute credit agreements, discount agreements, joint account agreements, and all types of transactions with banks, credit institutions, financial institutions, insurance companies, and other domestic or foreign entities.
p). Invest its cash surpluses and available reserves in the market, whether in certificates of deposit or other credit instruments, or by carrying out any transaction with authorized financial institutions.
q). Hold intellectual and industrial property rights and dispose of them in any manner.
r). Build, organize, administer, and acquire in any manner the land, spaces, and properties necessary for the development of the corporate purpose.
s). Take out domestic and international commercial and development loans.
PARAGRAPH: The company may act as guarantor, co-debtor, or surety for third-party obligations, offering its own assets as collateral when the General Assembly decides to authorize it, provided that the act results in a direct benefit to the company; complies with the provisions of the law on HABEAS DATA and PERSONAL DATA.
The fundamental right to HABEAS DATA must guarantee citizens the power of decision and control over the information, use, and destination of their personal data.
The right to the protection of personal data extends from knowing who holds such data and how it is being used, to defining who has the possibility of consulting it.
The law grants each data subject the power to consult, modify, delete, and resume such information, and develops the guarantees and instruments to ensure the validity of this fundamental right.
The purpose of this Manual is to establish the internal policies that must be set in compliance with Law 1581 of 2012 and that, due to our status as data controllers and processors of personal data, We must implement and organize ourselves in order to fully comply with the provisions set forth in the law.
The manual includes the basic regulatory aspects and separate annexes and procedural outlines that allow for authorization.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S, respectively; is located at Carrera 42 A NRO 1-15 MEDELLÍN, ANTIOQUIA, COLOMBIA, Email: operaciones@hotelsanfernandoplaza.com; telephone (4) 4445353 website: ttp://www.hotelsanfernandoplaza.com/
II. PURPOSE
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. Through this policy, it formalizes the processing of personal data applicable to activities with guests, users, clients, suppliers, providers, employees, distributors, and in general, any natural person who owns the personal data that appears registered in our databases. data and those of our employees, for the fulfillment of the corporate purpose of the Entity and specifically to:
(i) Comply with the obligations contracted by virtue of the contracts and commercial relationships entered into;
(ii) Provide information about our products and services;
(iii) Carry out commercial, social and informational events or promotions for our guests, suppliers, clients, employees, distributors and other third parties;
(iv), carry out campaigns, studies, promotions or contests of a commercial, social, marketing, advertising or execution of our corporate purpose;
(v) Loyalty programs and data updates for clients, guests, suppliers, employees, distributors and other third parties;
(vi) inform about changes to our products, prices or services;
(vii) send portfolio account statements;
(viii) evaluate the quality of our products and/or services through satisfaction surveys;
(ix) carry out collection activities, collection, consultations, verifications, control and authorization of payment methods.
(x) PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. may take the fingerprint, obtain images from security cameras or use other authorized biometric mechanisms of its clients, guests and/or, suppliers, employees, distributors and other third parties and manage them in order to validate their identity in the management of the products and/or services that they acquire with the company.
(xi) PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. may deliver the personal data of its clients, guests, suppliers, employees, distributors and other third parties to entities located in Colombia or abroad, whether public or private, as long as: They are companies or entities with which PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. is related by shareholding links, or is its parent, subsidiary or operated company; or the delivery of personal data has as its purpose the structuring, design and implementation of product and/or service offers, or in general additional value proposals to those PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. is able to offer autonomously, or Its purpose is to facilitate the development of the corporate purpose of PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. by outsourcing your processes, such as physical or digital archiving, collection, risk management, software development, guest contact, market research, preparation of statistical analysis, development of commercial and/or social strategies, marketing, research studies. social impact, participation in social inclusion programs of the state, establishment of new channels of care, and other related and related purposes.
Likewise, the personal data of clients, employees, guests, providers or any other person about whom personal data is held will be used by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. in order to adequately carry out all its processes, in the development of the aforementioned activities and to comply with the regulations related to Habeas Data and protection of personal data. The data provided by the Employees and/or service providers to PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. will have the purpose of advancing the selection process for internal hiring. Likewise, these data may be used by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. during the employment relationship or provision of services or strategic linkage through contracts and/or agreements; with the purpose of enhancing the skills of linked employees through courses, training, workshops, etc., and to incorporate them into the different welfare processes and benefit plans. Likewise, the personal data of Employees, service providers, guests, clients, users, managers or associates in general, will be used by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. In order to adequately carry out all its credit risk analysis processes and comply with the regulations related to Habeas Data Financiero, PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. may also obtain the personal data of its employees and service providers for the purposes of providing employment or service references, affiliation or strategic linkage.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. may deliver the personal data of its employees and service providers linked by employment, by service or by alliance used in the different contracts and agreements; a Entities located in Colombia or abroad as long as: They are companies or Entities with which PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. is related by shareholding links, or is its parent, subsidiary or operated company; or the delivery of personal data has as its purpose the structuring, design and implementation of benefits and wellness or selection plans, outsourcing of the physical or digital file or in general additional value proposals to those PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. is capable of offering autonomously, or has the purpose of facilitating the development of the employee and the administration of the information of PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. by outsourcing their processes.
IN GENERAL; PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. will obtain and manage the personal data provided to it by its clients, affiliates, providers, employees, guests, directors, users and in general any natural person for whom it has personal data, for the purposes resulting from the development of its corporate purpose, as a Company. Anonymous, with the following activities as its main objective: the exploitation of real estate developments, intended for hotels, warehouses, apartments; commercial operations of hotels, travel agencies, leasing and disposal of real estate and personal property. In carrying out the same, the company may execute all acts or contracts that are convenient or necessary for the full fulfillment of its corporate purpose and that have a direct relationship with the aforementioned object. To achieve this objective, the Company may carry out, among others, by way of illustration but not limitation: will carry out the following activities:
a). Opening and promotion of new markets and the consolidation of existing ones.
b). Marketing, diversification and consolidation of the offer.
c). Commercially represent and agency national and foreign companies. d). Participation in investment projects related to its corporate purpose. and). Acquire, possess, use, lease, manage, construct and dispose of all types of property, movable and immovable, take them under any title and establish other real or personal rights with respect to them. F). Distribute, import, export or acquire in any capacity, goods, fixtures, implements, machinery, equipment and raw materials related to its activity or necessary for its development.
g). Dispose of, tax and generally manage the assets that make up its corporate assets. h). Giving or receiving money on a mutual basis, with or without interest, but not in a habitual or massive manner.
i). Constitute, create, issue, accept, endorse and circulate all types of securities and credit, civil or commercial documents and guarantees real, personal or exchange.
j). Establish attorneys, agents and special or general, judicial or extrajudicial representatives and represent national and foreign companies and entrepreneurs.
k). Hire, in any capacity, the services of natural or legal persons and professionals at your service.
l). Constitute, under the appropriate legal form, consortia or associations in the country or abroad with national or foreign firms, to carry out any activity or work inherent to its object.
m). Merge the social enterprise with other similar or complementary ones.
n). Participate in all types of offers, contests, tenders, offers, auctions, individually or jointly with natural or legal persons, public or private, foreign or mixed. either
o). Celebrate and execute the contract for opening credit, discounts, joint accounts and all types of operations with banking, credit, financial establishments, insurance companies and other national or foreign persons.
p). Invest your cash surpluses and reserves available in the market, either in certificates of deposit or other credit securities or carrying out any operation with authorized financial entities.
q). Be the owner of intellectual and industrial property rights and dispose of them in any capacity.
r). Build, organize, manage and acquire in any capacity the lands, spaces and terrain necessary for the development of the corporate purpose.
s). Take both national and international, commercial and development credits. PARAGRAPH: The company may become guarantor, co-debtor or guarantor of third party obligations, offering its own assets as collateral when the General Assembly decides to authorize it, as long as the act reports a direct benefit to the company.
The above activities may be carried out by physical mail, email, landline telephone, website, cell phone or mobile device, text message, fax, social media, surveys, or any other widely known means of communication, in compliance with current regulations.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S may process the personal data provided by its guests, customers, suppliers, and other third parties for the purposes of:
(i) verifying compliance with the Entity's policies regarding the selection and hiring of suppliers;
(ii) verifying proper compliance with obligations;
(iii) satisfying the legitimate interests arising from the relationship that is established or is planned to be established;
(iv) providing or obtaining commercial and/or financial references;
(v) managing and operating the contracted product or service, which includes, among other aspects, the management and accounting record of the operations carried out during the term of any legal relationship, as well as all those carried out for the termination, closure, or liquidation thereof;
(vi) documenting the existing relationship and verifying the execution and compliance with the respective contract;
(vii) verifying and confirming identity and contact information;
(viii) sending commercial information about the products and/or services that PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S.
provides in the development of its corporate purpose;
(ix) adopt measures aimed at preventing illegal activities; and
(x) provide the personal data of its guests, customers, employees, service providers, associates, suppliers, and third parties to entities based in Colombia or abroad, whether public or private, provided that: They are companies or entities with which PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. has a relationship through shareholding links, or they are its parent company, subsidiary, or operator; or the delivery of personal data is for the purpose of structuring, designing, and implementing product or service offerings, or in general, value propositions additional to those that PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S is able to offer independently, or is for the purpose of facilitating the development of the corporate purpose of PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S through the outsourcing of its processes, such as physical or digital archiving, collection, risk management, software development, contact with guests, customers, employees, suppliers, associates, providers, operators, persons with whom it has agreements and contracts, market research, preparation of statistical analyses, development of commercial and social strategies, marketing, social impact studies, establishment of new service channels, and other related and connected purposes.
Similarly, the personal data of customers, employees, service providers, guests, suppliers, and individuals with whom partnerships have been established in contracts and/or agreements, operators, distributors, third parties, and in general, any individual who is the owner of the personal data recorded in the databases will be used by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. S for the purpose of properly carrying out all its processes in the provision of health services to the community and thus complying with this manual and Law 1266 of 2008, Statutory Law 1581 of 2012, and its regulatory decrees.
III. DEFINITIONS
For the purposes of this policy, the definitions established by current regulations are listed below:
• Authorization: Prior, express, and informed consent of the Owner to carry out the processing of personal data.
• Database: Organized set of personal data that is subject to processing.
• Personal Data: Any information linked or that can be associated with one or more specific or identifiable natural persons.
Data Processor: A natural or legal person, public or private, who, alone or in association with others, processes personal data on behalf of the data controller.
• Data Controller: A 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.
• Data Subject: Natural person whose personal data is subject to processing.
• Processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation, or deletion.
• Privacy notice: Verbal or written communication generated by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S addressed to the owner of the personal data, informing them of the existence of the information processing policies that will apply to them, how to access them, and the purposes for which the personal data will be processed.
• Public data: Data relating to the marital status of individuals, their profession or trade, and their status as a merchant or public servant; data that, by its nature, is not subject to protection.
• Sensitive data: Sensitive data is understood to be data that affects the privacy of the owner or whose misuse may lead to discrimination, such as data that reveals racial or ethnic origin, political orientation, religious or philosophical beliefs, membership of trade unions, social organizations, human rights organizations, or organizations that promote the interests of any political party or that guarantee rights, as well as data relating to health, sex life, and biometric data.
• Transfer: Data transfer occurs when PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S, located in Colombia, sends information or personal data to a recipient, who in turn is responsible for processing and is located inside or outside the country.
• Transmission: Processing of personal data that involves the communication of such data within or outside the territory.
IV. RIGHTS OF CHILDREN AND ADOLESCENTS.
The processing of data will ensure respect for the prevailing rights of children and adolescents.
The processing of personal data of children and adolescents is prohibited, except for data that is public in nature, or when authorization is obtained from their representative for their registration as hotel guests and for proper affiliation with EPS and compensation funds.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. will act with the utmost diligence and care in the processing of children and adolescents in the event of obtaining data for regulation and hotel registration, taking into account its corporate purpose.
It is the responsibility of the State and educational institutions of all kinds to provide information and training to legal representatives and guardians on the potential risks faced by children and adolescents with regard to the improper processing of their personal data, and to provide knowledge about the responsible and safe use by children and adolescents of their personal data, their right to privacy, and the protection of their personal information and that of others.
V. PRINCIPLES
In accordance with the law, PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. will act in all collection, handling, and deletion of personal data in accordance with the principles that must be followed in all Personal Data Processing and protection of the HABEAS DATA law, which are:
• Legality: For the processing of personal data, PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S will comply with the provisions of the Law and other regulations.
• Purpose: PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S will inform the owner of the purpose of the processing of personal data, which must be legitimate in accordance with the constitution and the law.
• Freedom: Personal data will only be processed by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S with the prior, express, and informed consent of the owner; or by legal or judicial mandate.
• Accuracy or Quality: The information subject to personal data processing must be accurate, complete, exact, up-to-date, verifiable, and understandable. The processing of partial, incomplete, fragmented, or misleading data is prohibited.
• Transparency: PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S guarantees the owner the right to obtain, at any time and without restrictions, information about the existence of their data.
• Restricted Access and Circulation: The processing of personal data by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S shall be subject to the provisions established by law and the Constitution. Personal data may not be made available on the internet or other means of mass dissemination or communication, except for data that is public in nature or data whose access is technically controllable in order to provide restricted knowledge to the owner or authorized third parties.
• Security: The information subject to processing by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S will be protected through the use of technical, human, and administrative measures that ensure the security of the records, preventing their alteration, loss, consultation, unauthorized or fraudulent use or access.
• Confidentiality: Persons involved in the processing of personal data that is not public in nature are obliged to guarantee the confidentiality of the information provided, even after their relationship with any of the tasks involved in the processing has ended.
VI. DATA SUBJECT
For the purposes of this policy, data subjects shall be understood to be guests, distributors, employees, service providers, customers, users, suppliers, and, in general, any natural person who is the owner of the personal data recorded in the databases of PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S.
In the case of minors (children and adolescents), their legal representatives shall have the power to authorize or refuse the processing of their personal data. In the processing of this data, respect for the prevailing rights of minors, such as privacy and protection of personal information, shall be ensured.
VII. AUTHORIZATION
For the processing of personal data by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S., the prior, informed, and express authorization of the Owner is required, which must be obtained by any written, physical, or electronic means that can be consulted at a later date, without prejudice to the exceptions provided for by law.
When requesting authorization from the Owner, PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S must clearly and expressly inform them of the purpose for which the personal data is being collected, the processing to which their personal data will be subjected, the rights of the owner, and the means by which they can exercise those rights.
For the purposes of protection under the Habeas Data law, PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. shall obtain prior authorization and notification from the owner for the purposes of reporting to the entities CIFIN, DATACREDITO, and PROCREDITO.
Personal data may be provided by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S to the owner, their successors, legal representative and/or proxy, or third parties authorized by them or by law, as well as public or administrative entities in the exercise of legal functions or by court order.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S may continue to process the data contained in its databases for the purpose indicated in this policy, without prejudice to the right of the owner to exercise their right at any time and request the deletion of the data.
VIII. RIGHTS
The owner of the personal data and/or, insofar as it applies to the owner of the credit obligation acquired with PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S, shall have the right to:
• Know, update, and rectify their personal data held by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. This right may be exercised, among other things, in relation to partial, inaccurate, incomplete, fragmented, misleading data, or data whose processing is expressly prohibited or has not been authorized.
• Request from PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S proof of the authorization granted for the processing of your personal data, except for the exceptions provided for by law.
• Be informed by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. upon request, about the use of your personal data.
• Submit inquiries to PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S and file complaints with the entity responsible for the protection of personal data.
• Request the revocation and/or deletion of your personal data when PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S engages in conduct contrary to the law and the Constitution.
• Access the personal data being processed free of charge and without limitation.
IX. DUTIES
The owner of the personal data must keep their information up to date and guarantee its accuracy to PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S at all times. PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S will not be liable, under any circumstances, for any type of liability arising from the inaccuracy of the information provided by the owner.
X. RESPONSIBLE FOR AND IN CHARGE OF THE PROCESSING OF PERSONAL DATA
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. will be responsible for the processing of personal data.
The Operations Management will be the area responsible for the processing of personal data on behalf of PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S, to whom information will be provided on each guest, employee, service provider, operator, associate, customer, supplier, and in general any natural person from whom personal information has been collected and stored in a database.
The official in charge of this area will keep a report of the database and will be responsible for the following functions:
• Be familiar with this policy and apply it as appropriate.
• Send an email to each manager, employee, or person within the Company who handles or has handled any type of personal data belonging to members of the Company, requesting that they provide the department in charge with the name and email address of the users whose personal data they hold.
• Develop, direct, commission, and/or delegate to others the establishment of measures to be taken in commercial contracts and forms or templates dealing with credit or personal data.
• Develop, direct, commission, and/or delegate to others the establishment of measures to be taken in employment contracts.
• Inform the data subject of the purpose of data collection and guarantee the exercise of their rights under the authorization granted.
• Keep a copy of the respective authorization granted by the data subject.
• Ensure that the information being processed is truthful, complete, accurate, up-to-date, verifiable, and understandable.
• Correct the data subject's information when it is incorrect.
• Use only personal data that has been obtained with authorization, unless such authorization is not required.
• Respect the data subject's security and privacy conditions.
Update, rectify, or delete personal data within five (5) business days of receipt.
• Allow access to the information only to authorized persons.
• Comply with the instructions and requirements issued by the competent administrative authority.
• Sign confidentiality agreements with those who handle information related to the processing of personal data.
• Promptly process inquiries and complaints made by the owners of personal data.
• Any others established by law.
The Operations Management of PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. shall ensure that each new employee is required to be familiar with this Policy and the documents that complement it. PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. will make all contractual and legal adjustments so that compliance by employees, guests, managers, suppliers, contractors, and other third parties is incorporated into contracts, confidentiality agreements, contractual clauses, and other documents. in addition to seeking express authorization from each data subject for the processing of personal data.
• It is the responsibility of PROMOTORA HOTEL SAN FERNANDO PLAZA S.A. employees S to report any incident of information leakage, computer damage, personal data breach, data commercialization, use of personal data of children or adolescents without the relevant authorization, identity theft, or conduct that may violate a person's privacy, or that has indications that such data is being used for criminal and/or unauthorized purposes.
XI. COLLECTION AND HANDLING OF PERSONAL DATA BY PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.
This policy shall apply in cases where PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S requests the completion of membership applications, surveys, or forms by telephone, digitally, or in person, as well as event attendance forms, without prejudice to the specific conditions that apply in each case.
From the moment the owner of the personal data authorizes PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. to collect and process their personal data, this data may be used in the course of its commercial and work activities.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S may use the data subject's personal data, such as their email address, postal address, and/or landline or mobile phone number, to send them advertising related to its products and services, and to contact them about events and other activities.
In any case, depending on the activity carried out, PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S will clearly inform the owner of the personal data of the mechanisms available to them to access, update, modify, and delete their data, as well as to revoke the authorization granted.
XII. PRIVACY, CONFIDENTIALITY, AND SECURITY OF PERSONAL DATA
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. guarantees the privacy, confidentiality, and security of the data provided by the owners of the information, preventing its alteration, loss, consultation, unauthorized or fraudulent use or access by third parties.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S., applying the principle of autonomy, reserves the right to maintain and classify as confidential the information stored in its databases.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S will adopt the necessary technical, human, and administrative measures to ensure the security of personal data, preventing its adulteration, loss, consultation, unauthorized or fraudulent use or access.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. states that some of its websites may contain links to third-party websites over which it has no control or management. For this reason, it is not responsible for the content, privacy policies, security, and/or handling of personal data established therein, and it is the obligation of the owner of the personal data to be aware of the policies related to the protection and processing of their information on the respective websites.
The PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S website will provide instructions under absolute security so that each user or owner of personal data can interact with it and submit their requests to PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S regarding any type of correction, modification, and/or deletion.
XIII. SCOPE OF APPLICATION
The Policies shall apply to databases administered by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S, or that may be known to it by virtue of commercial relations or in the course of its corporate purpose, which must be applied to the other entities that are part of the company to which it belongs, commercial alliances, agreements, or advertising events, both of PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S and its operators. In the first case, PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S will act as the data controller; in other cases, it may act as the data processor or data controller, depending on whether it receives the data from a third party or collects it itself.
Likewise, it will be applicable when the data is processed in Colombian territory. It will also be applicable when the data controller or processor does not reside in Colombia, but Colombian legislation is applicable to them by virtue of international standards or treaties.
XIV. RIGHT TO HABEAS DATA.
Article 15 of the Criminal Code establishes the right of all persons to know, update, and rectify information collected about them in databases or files belonging to both public and private entities.
Likewise, and in accordance with Constitutional Court Ruling C-748 of 2011, this right includes other powers such as authorizing processing, including new data, excluding data, or deleting it from a database or file. This right was developed through legal proceedings from 1991 to 2008, when the Special Habeas Data Law was enacted. This law regulates what has been termed "financial habeas data." This law is understood to mean the right of every individual to know, update, and rectify their personal, commercial, credit, and financial information contained in public or private information centers, whose function is to collect, process, and distribute such data in order to determine the financial risk level of its owner. This Special Law considers both natural and legal persons to be the owners of the information.
Subsequently, on October 17, 2012, Law 1581, the "General Protection of Personal Data" Law, was enacted. This law develops the right to habeas data from a broader perspective than the financial and credit perspective mentioned above. Thus, any data subject has the power to control the information collected about them in any database or file managed by private or public entities. Under this General Law, the data subject is the natural person.
XV. NATIONAL REGISTER OF POLICIES AND/OR DATABASES
This is the public directory of databases subject to processing that operate in the country and will be freely accessible to citizens.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. will register its policies and/or databases with the competent administrative authority, at the time and place established by the latter.
XVI. RIGHTS OF DATA SUBJECTS
a) Contact PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S through the established channels indicated in the Data Privacy Notice to access, update, and rectify your personal data. This right may be exercised, among others, with respect to data that is partial, inaccurate, incomplete, fragmented, or misleading, or whose processing is expressly prohibited or unauthorized.
b) Request proof of the authorization granted to PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S, except when, in accordance with the Law, the processing being carried out does not require it.
c) Be informed by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S regarding the use of the personal data collected, upon request from the Data Subject submitted through the channels provided for such purposes.
d) File complaints with the Superintendency of Industry and Commerce for violations of Law 1581 of 2012 and its regulatory decrees.
e) Revoke, in cases not covered by Law 1266 of 2008, authorization and/or request the deletion of data when processing does not respect constitutional and legal principles, rights, and guarantees.
f) Access, free of charge, through the channels provided by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S, your personal data that has been processed.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S, through its Data Privacy Notice, will inform you about the channels and procedures provided so that the data subject can effectively exercise their rights.
XVII. INFORMATION SUPPLY CHANNELS
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S establishes the following communication channels with the data subjects:
Website: http://www.hotelsanfernandoplaza.com/
Email: operaciones@hotelsanfernandoplaza.com
Physical mail: Carrera 42 A NRO 1-15 MEDELLÍN
Phone: (4) 444 5353
XVIII. QUERIES AND COMPLAINTS
Queries and complaints to PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S should be addressed to the following email address: operaciones@hotelsanfernandoplaza.com.
For additional information, please call (4) 4445353 or visit Carrera 42 A NRO 1-15, MEDELLÍN, ANTIOQUIA, COLOMBIA.
XIX. QUERIES
Queries made by the owner of the personal data or their successors in title will be addressed by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S within a maximum period of ten (10) business days from receipt of the respective request. This period may be extended for a maximum of five (5) business days. PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S must inform the interested party in advance.
XXI. COMPLAINTS
The owner or their successors in title who consider that the information contained in the PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S database should be corrected, updated, or deleted, or when they notice an alleged breach of any of the obligations contained in the law or this policy, may file a complaint, which will be processed under the following rules:
• The complaint will be submitted by means of a request addressed to the operational management, with the identification of the Owner, a description of the facts giving rise to the complaint, the address, and any required attachments.
• The maximum term for processing the complaint will be fifteen (15) business days, counted from the day following the date of receipt. This term may be extended for a maximum of eight (8) business days if it is not possible to process the complaint within this term. The operational management must inform the interested party of the reasons for the delay.
• If the claim is incomplete, the interested party will be required within five (5) business days following receipt of the claim to correct the deficiencies. If two (2) months have elapsed from the date of the request and the applicant has not submitted the required information, it will be deemed that the claim has been withdrawn.
• If the person receiving the complaint is not competent to resolve it, they will forward it to the responsible department within a maximum of two (2) business days and inform the interested party of the situation.
• Before contacting the entity responsible for monitoring compliance with personal data protection regulations, the data subject must initially process their complaint with PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. through the means and channels provided for this purpose.
XXII. LEVEL OF SECURITY MEASURES APPLIED TO PROCESSING.
PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S has a dedicated department that ensures compliance with the information security requirements.
It has been established that contracts signed with data processors must include clauses that clearly establish their duty to guarantee the security and privacy of the Data Subject's information.
XXIII. APPLICABLE LEGISLATION
• Colombian Political Constitution, articles 15 and 20.
• Law 527 of 1999
• Law 1266 of 2008.
• Law 1273 of 2009.
• Statutory Law 1581 of October 17, 2012.
• Regulatory Decrees 1727 of 2009, 2952 of 2010, 1377 of 2013, and 886 of May 13, 2014
• Constitutional Court Ruling C-748 of 2011
XXIV. ENTRY INTO FORCE AND MODIFICATION
This policy became effective on October 1, 2016, and will remain in effect as long as PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S. exercises its corporate purpose in Colombia, or until otherwise provided by law.
This policy may be modified at any time and unilaterally by PROMOTORA HOTEL SAN FERNANDO PLAZA S.A.S., and it must promptly inform the owners of personal data of such modifications.
The policies, according to the instructions issued by the Superintendency of Industry and Commerce, will be published in accordance with the provisions of said Entity.