Privacy Policy

In order to comply with current Colombian legislation on data protection, especially Law No. 1581 of 2012 (and other regulations that modify, add, complement or develop it) and Decree No. 1377 of 2013, to Below we inform you of the relevant aspects in relation to the collection, use, transmission and transfer, if applicable, of personal data that Grupo Empresarial SH SAS legally constituted company, identified with NIT 901.363.852-4 hereinafter the ” Rosamar ”performs your personal data, by virtue of the applicable law or the authorization granted by you to carry out said treatment, as well as the handling of said information.

In this personal data treatment policy, the “Policy” will find the corporate and legal guidelines under which Rosamar carries out the processing of your data, the purpose, your rights as the owner, as well as the internal and external procedures for the exercise of such rights.

In accordance with the provisions of article 15 of the Political Constitution of Colombia and the applicable legislation (Law 1266 of 2008, Law 1581 of 2012, Decree 1377 of 2013 and all those regulations that regulate, add, repeal or modify them), we have a clear privacy policy and protection of your personal data: we do not obtain personal information from third parties that have a commercial or legal relationship with Rosamar, including you, as a user of the Rosamar online platform, unless they have provided it voluntarily through their prior, express and qualified consent.

For the interpretation of this Policy, we ask you to take into account the following definitions:

• Personal data: Any information linked or that may be associated with one or more specific or determinable natural persons;
• Sensitive data: Those data that affect the privacy of the Holder or whose improper use may generate discrimination;
• Person in charge of the Treatment: Natural or legal person, public or private, that by itself or in association with others, carries out the Treatment of personal data on behalf of Rosamar as Responsible for the data;
• Treatment Policy or Policy: This document refers to the personal data treatment policy applied by Rosamar in accordance with the guidelines of current legislation on the matter;
• Responsible for the Treatment: Natural or legal person, public or private, that by itself or in association with others, decides on the database and / or the Treatment of the data, for the purposes of this policy, will act as Responsible, in principle, Rosamar;
• Owner: Natural person whose personal data is subject to Treatment, is a client or any third party who, due to a commercial or legal relationship, provides personal data to Rosamar;
• Transfer: Refers to the sending by Rosamar as Data Controller or Data Manager, to a third agent or natural / legal person (recipient), within or outside the national territory for the effective processing of personal data;
• Transmission: refers to the communication of personal data by the Responsible to the Manager, located within or outside the national territory, so that the Manager, on behalf of the Manager, treats personal data;
• Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion.

To understand the terms that are not included in the previous list, you must refer to current legislation, especially Law No. 1581 of 2012 and Decree No. 1377 of 2013, giving the meaning used in said standard to the terms of whose definition there is any doubt.

Before storing or handling personal data, Rosamar declares that it meets the following requirements:

1. The Holder must give his explicit authorization to said treatment, except in cases where by law the granting of said authorization is not required.

2. In the event that the owner is physically or legally incapacitated, the legal representatives must grant their authorization.

3. Express to the owner the reason for using their data and defining the limits of such treatment.

Under the understanding that Rosamar acts as Responsible for the processing of personal data, according to the definitions of Law No. 1581 of 2012, it undertakes to:

1. Guarantee the Holder, at all times, the full and effective exercise of the right to habeas data;
2. Request and keep a copy of the respective authorization granted by the Holder in accordance with the provisions of Law 1581/2012;
3. Properly inform the Holder about the purpose of the collection and the rights that assist him by virtue of the authorization granted to Rosamar;
4. Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access;
5. Guarantee that the information provided to the Treatment Manager, in the cases in which it applies, is truthful, complete, accurate, updated, verifiable and understandable;
6. Update the information, communicating in a timely manner to the Person in Charge of Treatment, all the news regarding the data that you have previously provided and adopt the other necessary measures so that the information provided to it is kept updated in the cases in which it applies. ;
7. Rectify the information when it is incorrect and communicate the pertinent to the Person in Charge of Treatment in the cases in which it applies;
8. Provide the Treatment Manager, as the case may be, only data whose Treatment is previously authorized in accordance with the provisions of Law 1581/2012;
9. Require the Treatment Manager, at all times, to respect the security and privacy conditions of the Holder’s information, in the cases where it applies;
10. To process the queries and claims made in the terms indicated by Law 1581/2012;
11. Adopt an internal manual of policies and procedures to guarantee adequate compliance with the Colombian regulatory framework on the protection of personal data, for the attention of queries and complaints;
12. Inform the Treatment Manager, if applicable, when certain information is under discussion by the Holder, once the claim has been submitted and the respective process has not been completed;
13. Inform at the request of the Owner about the use given to their data;
14. 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.
15. Comply with the instructions and requirements issued by the Superintendencia de Industria y Comercio of Colombia

The rights of the holders of the information are:

1. Know, update and rectify your personal data in front of those Responsible for Treatment or Managers of Treatment. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose Treatment is expressly prohibited or has not been authorized in the terms of Law No. 1581 of 2012 (or in its defect with the norms that regulate, add, execute, complement, modify, suppress or repeal).

2. Request proof of the authorization granted to the Data Controller except when expressly excepted as a requirement for the Treatment, in accordance with the provisions of article 10 of Law No. 1581 of 2012 (or failing that, with the rules that regulate it, add, execute, complement, modify, suppress or repeal) or when the continuity of the treatment has been submitted in accordance with article 10 numeral 4 of Decree No. 1377 of 2013.

3. Be informed by the Treatment Manager or the Treatment Manager, upon request, regarding the use that has been given to your personal data.

4. Present before the Personal Data Protection Authority of Colombia complaints for infractions of the provisions of Law No. 1581 of 2012 (or failing that with the rules that regulate, add, execute, complement, modify, suppress or repeal).

5. Revoke the authorization and / or request the deletion of the data when the principles, rights and constitutional and legal guarantees are not respected in the Treatment. The revocation and / or deletion will proceed when the Personal Data Protection Authority of Colombia has determined that in the Treatment the Responsible or Person in Charge have incurred in conduct contrary to Law No. 1581 of 2012 (or failing that, with the regulations that the regulate, add, execute, complement, modify, suppress or repeal) and / or the Constitution. The request for deletion of the information and the revocation of the authorization will not proceed when the Holder has a legal or contractual duty to remain in the database or the person in charge has a legal or contractual duty to continue with the treatment.

6. Free access to your personal data that have been subject to Treatment. The owner can consult his personal data free of charge: (i) at least once every calendar month, and (ii) whenever there are substantial modifications to the information treatment guidelines that motivate him to make new inquiries.

If you have questions about this Policy, or any concern or complaint regarding the administration of the Policy, please contact us through any of the following means:

Email: help@rosamar.co

Physical address:

• Calle 68 # 28 – 68, Barranquilla, Atlántico, Colombia

In the case of exercise of complaint, rectification, update, query, or request for access or theft of data, you must send it to the email: help@Rosamar.co

Keep in mind that once you inform the responsible area within the Company, depending on which of them your request is directed to, the query, request or complaint will be processed.

Your request or request in relation to your personal data must be answered within a maximum term of five (5) business days from the receipt of the request or request. For the correct and complete consideration of your request, request or claim, we ask you to provide the identity of the applicant, his identification number, the address of notifications / responses and the documents that you want to assert.

If your request or request does not have sufficient data and facts that allow Rosamar to attend to it correctly and completely, you will be required within five (5) days following receipt of the request, request or claim to correct its failures. . After five (5) days have elapsed from the date of the request, if you as the applicant have not corrected as required, the Company receiving your request understands that you have withdrawn your request.

This policy may be modified at any time, for which reason we recommend that you regularly or periodically check our website, through the intranet from which the latest version of this Policy or the mechanisms to obtain a copy will be made available. Of the same.