Personal Data Protection and Processing Policy

• APPLICABILITY OF THE CONDITIONS:

The following Personal Data Protection and Processing Policy will apply to all Databases and Biometric information that are subject to use by MANAKIN NATURE TOURS considered as responsible for the Personal Data processing.

1. PERSONAL DATA PROCESSING RESPONSIBLE
2. MANAKIN NATURE TOURS

Address: Cra 4E no. 47C 04 Casa 6 Mnz G, Altos de Alejandría, Tunja Boyacá

NIT: 900428891-9

Mobile: 316-7583083

E-mail: info@manakinnaturetours.com

WEB page: www.manakinnaturetours.com

1. DEFINITIONS

1. a) Authorization: Prior, express, and informed consent of the Data Subject to carry out the Processing of Personal Data.
2. b) Database: The organized set of Personal Data subject to processing.
3. c) Personal Data: Any information linked to or that may be associated with one or more specific or determinable natural persons.
4. d) Data Processor: Natural or Legal person, public or private, that by him/herself or in association with others, carries out the Personal Data processing on behalf of the Data controller.
5. e) Data Controller: Natural or Legal person, public or private, that by him/herself or in association with others, decides on the Database and/or the processing of the data.
6. f) Data Subject: Natural person or individual that a piece or set of personal data pertains to and is subject to processing.
7. g) Processing: Any operation or group of operations such as collection, storage, use, circulation or deletion of personal data.
8. h) Privacy Warning: Verbal or written communication generated by the responsible party, addressed to the Data subject for their personal data processing, through which is informed about the existence of the information processing policies that will apply, and the purpose of the personal data processing to be carried out.

1. i) Public Data: Refers to data that is not semi-private, private or sensitive. The data related to the married status of individuals, their profession or trade, and their status as a merchant or public servant, are considered public data. By its nature, public data can be contained, among others in public documents, gazettes and official gazettes and duly enforceable judicial decisions that are not subject to reservation.

1. j) Sensitive Data: Refers to any information that, if compromised could adversely affect  the privacy of the holder. Data whose improper use may generate discrimination, such as those that reveal the racial or ethnic origin, public orientation, religious or philosophical convictions, union membership, social or human rights organizations, or those that promote interests of any political party or guarantee rights and opposition politic parties guaranties, as well as health data, sexual life, and biometric data.

1. k) Transfer:  The data transfer takes place when the responsible and/or the person in charge of Personal Data processing, located in Colombia, sends the information to a recipient, who in turn is the responsible for the use or processing and is inside or outside the country.

1. l) Transmission: Part of the Personal Data processing that implies the communication of the information within or outside the territory of the Republic of Colombia when it is intended to carry out a treatment by the Data processor on behalf of the Data controller.

1. m) Biometric System: Automatic identification method and verification of individual using precise physical and behavioral traits.
2. n) Biometrics: Study for the unequivocal recognition of people based on one or more intrinsic behavioral or physical traits.

1. GUIDING PRINCIPLES OF THE PERSONAL DATA PROCESSING 

1. a) Legal Principles for Personal Data processing:  The personal data processing is a regulated activity that must be subject to the law and other provisions that develop it.
2. b) Purpose Principle: The treatment must obey a legitimate purpose in accordance with the Constitution and the Law, which must be informed to the Data subject.
3. c) Freedom Principle: The processing can only be exercised with prior, express and informed consent of the Data Subject. Personal data may not be obtained or disclosed without prior authorization, or in absence of a legal or judicial mandate consent.
4. d) Principle of truthfulness or quality: The information subject to processing should be truthful, complete, exact, updated, verifiable and understandable. The processing of partial, incomplete, fractioned, or misleading data is prohibited.
5. e) Transparency Principle: In the processing, the right of the Data Subject to obtain from the Data controller or the Data processor at any time and without restrictions, information about the existence of data that concerns him/her.
6. f) Access and restricted circulation Principle: The processing is subject to the limits derived from the personal data nature, the provisions of the Law and the Constitution. In this sense, the processing can only be done by persons authorized by the Data Subject and/or by the persons provided for in Law 1581 of 2012.
7. g) The personal Data, except for public information, may not be available on the Internet or other means of dissemination or mass communication, unless access is technically controllable in order to provide restricted knowledge only to the Data Subjects or authorized third parties in accordance with the law.
8. h) Security Principle: The information subject to processing by the Data controller or the Data processor referred to in Law 1581 of 2012, must be managed with the technical, human, and administrative measures that are necessary  to provide security to the records avoiding their adulteration, loss, consultation, use, or unauthorized fraudulent access.
9. i) Confidentiality Principle: People who intervene in the treatment of personal data that are not public, are meant to guarantee the information reserve even after the end of their relationship with any of the task comprises in the processing, being able only to carry out the supply or sharing of personal data, when this corresponds to the development of the activities authorized in the Law 1581 of 2012 and in its terms.

• TREATMENT AND PURPOSES TO WHICH THE PERSONAL DATA WILL BE PROCESSED BY MANAKIN NATURE TOURS

MANAKIN NATURE TOURS as responsible for Personal Data processing, exclusively for the execution and contract development in which it acts as a contractor to support the administration and hold up the biometric control system of food rations delivery, collects, stores, uses, fingerprints taken and other personal data corresponding to children or adolescents, with prior authorization signed  by their guardian or legal representative.

It should be noted that the fingerprint is taken and used exclusively for the purposes described here.

• RIGHTS OF THE PERSONAL DATA SUBJECTS 

DERECHOS DE LOS TITULARES DE LOS DATOS PERSONALES

The natural persons whose Personal Data are processing by MANAKIN NATURE TOURS have the following rights, which they can exercise at any time:

1. a) Know and update your personal data to the Data Controller and Data processor or those responsible. This right might be exercised among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose processing is expressly prohibited or has not been authorized.
2. b) Request proof of the authorization granted to the responsible for the Processing of your personal data.
3. c) Be informed by the person responsible for the processing or Data Controller upon request, regarding the use that has been given to your personal data.
4. d) Submit before the Superintendencia de Industria y Comercio (Superintendent of Industry and Commerce) complains for infractions to the provisions of the legislation that protect and regulate the Personal Data Processing.
5. e) Revoke the authorization and/or request the deletion of the data, only when the Processing doesn´t respect the constitutional and legal principles, rights, and guarantees.
6. f) Free Access to your processed personal data. In the case of minor holders, their rights will be exercised through their legal representatives.

• RESPONSIBLE AREA FOR THE ATTENTION OF REQUEST, CONSULTATIONS AND CLAIMS REGARD PERSONAL DATA PROCESSED BY MANAKIN NATURE TOURS

The MANAKIN NATURE TOURS Customer Service area has been designated as the responsible area for the attention of requests, queries, claims and complaints. Is the area where the Data Subject may exercise the rights to know, update, or delete information, and revoke the authorization. This area is located at the address: Cra 4E no. 47C-04 Casa 6 Mnz G Altos de Alejandría, en Tunja, Boyacá. Likewise, it could be reached through the following email: info@manakinnaturetours.com

• PROCEDURE SO THAT THE DATA SUBJECT CAN EXERCISE THEIR RIGHTS.

The Data Subject of information processed by MANAKIN NATURE TOURS in compliance with their current regulations, has the right to access their Personal Data and the details of the processing they are subjected. As well as the right to rectify, and update them if they are not exact, or request their suppression when considered not necessary for the purpose for which they were obtained.

The Data Subject may request the aforementioned, through the Customer Service area or through the following channels:

1. Communication containing your complaint, claim, or request addressed to MANAKIN NATURE TOURS, Customer area, Cra 4E no. 47C-04 Casa 6 Mnz G Altos de Alejandría, en Tunja, Boyacá.

1. Request containing your complaint, claim, or request submitted to the email: info@manakinnaturetours.com

1. Request submitted by phone +57 (316) 8330833

The Data Subject may use these channels. In the case of minors, the legal representative will be the person authorized for such purposes.

Procedure:

The Data Subject or her/his representative in the case of minors may consult their personal data anytime. For this purpose, a request can be submitted indicating the information you want to know through any of the mechanisms afore mentioned.

• Queries:

1. The Data Subject, his successors in title or his legal representative must prove their identity. When the request is made by a person other than the Data Subject, and is not proven that it acts on his behalf, it will be deemed like not submitted.

1. The request or query must have at least the full name and address of the Data Subject or representative, or any other mean to receive the response, as well as a clear and precise description of the personal data with respect to which the Holder seeks to exercise the right of consultation and/or request.

1. If the query or request made by de Data Subject is incomplete, MANAKIN NATURE TOURS will require the interested party within  five (5) following days after receiving the query, request or claim to remedy the faults. After two (2) months from the date of the request, without the applicant submitting the required information it will be understood that they have desisted from their consultation.

1. In compliance with the provision of Article 14 of Law 1581 of 2012, request or inquires will be attended to MANAKIN NATURE TOURS within a maximum term of ten (10) working days from the submit date of receipt. When is not possible to attend the request or consultation within the said term, this fact will be informed to the applicant, stating the reasons for the delay and indicating the date on which the consultation will be attended, which in any case  may exceed five (5) business days following the expiration date of the first term.

• Complaints and Claims:

In accordance with the provisions of the Article 15 of Law 1581 of 2012, when the Data Subject or his successors in title consider that the information processed by MANAKIN NATURE TOURS should be subject to correction, updating or deletion, or when it should be revoked, due to the alleged warning of non-compliance with any of the duties contained in the Law, they may submit a request to MANAKIN NATURE TOURS, which will be processed under the following rules:

1. The Data Subject, his successors in title or legal representative must prove their identity. When a person other than the Data Subject makes the request, and it´s not proven that it acts on his behalf, it will be deemed not submitted.

1. The complaint or claim must be submitted through the channels enabled and indicated in this document by MANAKIN NATURE TOURS and contain, at least, the following information:

• Name and address of the Data Subject or any other means to receive the response.
• The documents that prove the identity of the applicant, and if applicable, that of his representative with the respective authorization.
• The clear and precise description of the personal data regarding which the Data Subject makes the complaint.

1. If the submitted application is incomplete, MANAKIN NATURE TOURS should require the interested party within five (5) days after the receipt to correct the faults. After two months have elapsed from the date of the request, without the applicant submitting the required information, it will be understood that he has withdrawn his application.

1. In the event that whoever receives the claim is not competent to resolve it, they will transfer it to the MANAKIN NATURE TOURS legal area, within a maximum term of two (2) business days, and will inform to the interested party about the situation.

1. Once the request is received, a note saying “Claim in process” and the reason for it will be included in the Database within a term not exceeding two (2) business days. The said note must be maintained until the request is decided.

1. The maximum term to attend to the complaint or claim will be fifteen (15) business days from the day following the date of receipt. If not possible to attend to it within the said term, the interested party will be informed about the reasons for the delay and the date on which their claim will be resolved, which in any case can exceed eight (8) business days following the expiration date of the first term.

• VALIDITY

This Personal Data protection and treatment Policy has been in force since September 1st of 2017.