Personal Data Protection Policy
Background and Purpose of This Policy
Moda Y Alta Costura SAS, a company legally constituted in Colombia with NIT 900.462.946-7, by virtue of the development of commercial activities related to its own physical headquarters, the Website available at https://www.luisanicholls.com/ and other sales channels of Moda Y Alta Costura SAS, has decided to publish its Personal Data Protection Policy, defining the general guidelines for the protection and treatment of personal data of Clients, Suppliers, Contractors, Affiliates and Third Parties, which in the development of its own functions as a company that sells goods and services, has to request, use, store, correct, assign or delete.
Moda Y Alta Costura SAS is the entity Responsible for the processing of Personal Data and in compliance with the provisions of article 13 of Regulatory Decree 1377 of 2013, adopts and makes public to all interested parties this document that contains all the essential elements, simple and insurance for compliance with Colombian legislation corresponding to the Protection of Personal Data. Likewise, this document will serve as a reference for all sectors of interest that maintain some type of relationship with Moda Y Alta Costura SAS, contributing to the correct knowledge and guarantee of the fundamental right to the Protection of Personal Data and so that this Policy can be used in different fields of application.
Eventually, Moda Y Alta Costura SAS may have the status of Personal Data Processor and can be contacted as follows:
Authorization: Refers to the prior, express and informed consent of the Holder for Moda Y Alta Costura SAS, or its Managers to carry out the Treatment of the Holder's Personal Data.
Privacy Notice: This is the physical document, electronic or in any other format, generated by Moda Y Alta Costura SAS that has been made available to the Owner for the Processing of their Personal Data, which communicates to the Owner the information related to the existence of the Personal Data Treatment Policies that will be applicable to you, the way to access them and the characteristics of the Treatment that is intended to be given to the Personal Data.
Database: They consist of an organized set of Personal Data that is subject to Treatment, and includes physical and electronic files.
Personal Data: According to Law 1581 of 2012, it is any information linked or that can be associated with one or several determined or determinable natural persons.
Public Data: Personal Data classified as public by law or the Political Constitution. The data related to the marital status of people, their profession or trade, their quality as a merchant or public servant, among others, are public.
Sensitive Data: Personal Data whose use affects the privacy of the Owner or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership of unions, social organizations, of human rights or that promotes the interests of any political party or that guarantees the rights and guarantees of opposition political parties, as well as data related to health, sexual life and biometric data.
Owner: Natural person whose personal data is subject to Treatment.
Treatment: It is any operation or set of operations on Personal Data carried out by Moda Y Alta Costura SAS, or those in charge of the Treatment on behalf of Moda Y Alta Costura SAS, such as collection, storage, use, circulation or deletion.
Transfer: Consists of sending Personal Data to a recipient who, in turn, is responsible for the Treatment under the terms of Law 1581 of 2012.
Transmission: It is the communication of Personal Data to the Treatment Manager, inside or outside the territory of the Republic of Colombia, with the purpose of carrying out a Treatment by the Treatment Manager on behalf of Moda Y Alta Costura SAS
General Roles and Responsibilities within the Organization
Moda Y Alta Costura SAS has an administrative and operational structure within the Organization, in charge of the management and protection of personal data. The administration, control and monitoring of the process are in charge of the Administrative Area.
Treatment to which Personal Data will be Subjected and Purposes
The personal data of Clients, Suppliers, Contractors, Collaborators and Third Parties, that are collected or that are registered in the databases of Moda Y Alta Costura SAS, will be treated in accordance with the guiding principles for the Treatment of Personal Data and provisions contained in Law 1581 of 2012 and will be applicable in the same way to the databases shared or transferred to Moda Y Alta Costura SAS, by third parties.
For the purposes described below, Moda Y Alta Costura SAS may: Collect, transmit, store, use, process, share, transfer, transmit and guard the personal data of the Holders, as Responsible, directly in charge of their treatment or commissioning to a third party that has a commercial link with Moda Y Alta Costura SAS, whether or not it operates in another country for the provision of any service that may be provided in accordance with the following purposes and those that are authorized by the Holders.
Moda Y Alta Costura SAS will use the personal data of the Holder -Client- for the following purposes:
- For the development of commercial and transactional activities linked to the physical stores and the Website of Moda Y Alta Costura SAS
- For the issuance of quotes, referrals, invoices, credit notes and other documents as support for a transaction.
- To perfect or specify the payment of a product or service acquired by the Holder.
- For the dispatch of orders and provision of services contracted by the Holder. As well as the process of evaluation and subsequent qualification of the quality of the service provided.
- Attention to the process of guarantees and return of products.
- Issuance of responses to inquiries about products and services offered, requests, complaints and claims.
- Carrying out studies for statistical purposes, measurement of the level of customer satisfaction and knowledge of the Customer.
- Receive information and offers on news, products, services, contests and special events specific to the corporate purpose of Moda Y Alta Costura SAS that may be attractive or beneficial to its customers.
- For the development of activities related to computerized services.
- The provision of telephone assistance services; collections or others of a similar nature.
- The execution of accounting processes and procedures.
- The implementation and compliance with the security protocols established by Moda Y Alta Costura SAS
- Advance the control and prevention of fraud and money laundering, when applicable.
- The creation of databases according to the characteristics and profiles of the holders of Personal Information.
- Compliance with legal obligations on the part of Moda Y Alta Costura SAS, including and not limited to: the registration of the sale of controlled substances; filing complaints as a victim; Control registration for the sale of acids, alkalis and corrosive substances; the reversal of transactions under the Consumer Protection regulations; the execution of transaction contracts to prevent litigation, among others.
- Regarding Clients Affiliated to the mailing list and electronic messages, or Clients registered on the Moda Y Alta Costura SAS Website, it will process their personal data for purposes associated with Enrolling in the Program; to send emails and text messages about information and advertising; Make telephone contact; deliver correspondence, catalogs and products; everything related to the academic offer available to the affiliate and the completion of courses or training.
- In addition, for any additional purpose that is duly authorized by the Clients.
Moda Y Alta Costura SAS will process the personal data of the Owner -Supplier, Contractor and third parties- with the following purposes:
- For the normal development of the commercial and contractual relationship with Moda Y Alta Costura SAS and the fulfillment of the obligations acquired by virtue of said relationship.
- Provision of the services offered by Moda Y Alta Costura SAS, among them and without limitation: installations, applications, project designs and others.
- Development of security and financial studies.
- Development of electronic security services, physical security, industrial security.
- Accounting, Tax processes, payment of invoices and others.
- Development of maintenance and support services at Moda Y Alta Costura SAS headquarters
- Compliance with the registration protocols and entry control of merchandisers, promoters, impulse personnel, general services personnel, security, technological support and other third parties for the operation of the branches, together with the Sedes de Moda Y Alta Costura SAS, in development of the contractual relationship of commercial suppliers with Moda Y Alta Costura SAS
- Study and delivery of the development of donations from Moda Y Alta Costura SAS to foundations, in accordance with the policies established internally for this purpose.
- Development of corporate communications services.
- The legal representation of the company.
- Related to the provision of environmental management services.
- Related to the provision of technological services.
- Compliance with legal obligations by Moda Y Alta Costura SAS, including and not limited to: registration of the sale of controlled substances; Control registration for the sale of acids, alkalis and corrosive substances; among others.
- In addition, for any additional purpose that is duly authorized by the Supplier, Contractor and third parties.
Moda Y Alta Costura SAS uses the Collaborator's data to fulfill the following purposes, which include, but are not limited to:
- Compliance with legal or contractual obligations of the Collaborator and Moda Y Alta Costura SAS and/or Moda Y Alta Costura SAS with third parties.
- The due execution of the employment contract.
- Participation in processes of promotion, development and growth of the Collaborator.
- Procedures or medical follow-ups.
- Compliance with the internal policies of the Collaborator and the Work Regulations.
- Compliance with the legal and regulatory obligations of the Collaborator.
- The administration of information and communications systems.
- The generation of copies and security files of the information on the equipment provided by Moda Y Alta Costura SAS
- The offer of extra-legal benefits to the Collaborator.
- Control and prevention of fraud and money laundering.
- The security mechanisms and protocols of the facilities of Moda Y Alta Costura SAS
- The preparation of surveys (commercial, academic, or any other kind).
- All those purposes that are compatible with the execution of the employment contract.
- In addition, for any additional purpose that is duly authorized by the Collaborator.
Transfer of Data to Third Countries
When sending or transferring data to another country, the authorization of the Owner of the information being transferred must always be obtained. Unless otherwise authorized by law, the existence of said authorization is necessary to carry out the international circulation of data. In this sense, before sending personal data to another country, those obliged to comply with this policy must verify that they have the prior, express and unequivocal authorization of the Holder that allows the transmission of their personal data.
Said transfer of personal data is made only to third parties with whom Moda Y Alta Costura SAS has a contractual, commercial and/or legal relationship.
Sensitive data handling
Moda Y Alta Costura SAS will not collect, use or process sensitive data unless the Owner of the same issues an express authorization for said treatment or in cases where the law determines that such authorization is not required.
Rights of the Holders
The Holders of Personal Data registered in the Moda Y Alta Costura SAS Databases have the following rights, contained in Law 1581 of 2012 and its Regulatory Decrees:a) Know, update, correct and/or delete your personal data. These rights may be exercised, among others, against partial, inaccurate, incomplete, divided, misleading Personal Data, or those whose Treatment is expressly prohibited or has not been authorized.
b) Request proof of the Authorization granted to Moda Y Alta Costura SAS except when expressly excepted as a requirement for Treatment, in accordance with the provisions of article 10 of Law 1581 of 2012.
c) To be informed regarding the use that has been given to your Personal Data by Moda Y Alta Costura SAS or the Treatment Manager, upon request.
d) By means of a claim presented in accordance with article 15 of Law 1581 of 2012, you can request the revocation of the authorization and/or request the deletion of Personal Data when the Treatment does not respect the principles, rights and constitutional and legal guarantees or in at any time provided that the Owner does not have a legal or contractual duty to remain in the Moda Y Alta Costura SAS databases, and in accordance with the procedure indicated in this Policy.
e) Free access to your Personal Data that have been subject to Treatment, in accordance with the procedure provided by Moda Y Alta Costura SAS, for this purpose.
Consultation and Claims Procedure
Moda Y Alta Costura SAS, guarantees the right to consult, correct, update and/or delete the personal data of the Holder, supplying him and when he acts in exercise of his right, all the information contained in his individual record or that is linked to it. with the identification of the owner. For the attention of requests associated with the exercise of the right, the Holder may go in person to our offices in Medellín or issue his request to the customer service lines: firstname.lastname@example.org
Remember that you must present or send your type and identification number (as the owner of the data), the description of the facts that give rise to the claim, the correspondence address that Moda Y Alta Costura SAS can notify you, contact telephone number and any document that want to assert
Requests will be dealt with within a maximum term of fifteen (15) business days from the date of receipt.
If the request is incomplete, the communication will be issued to the Holder, requesting pending requirements. If after two (2) months from the date of the request, the Holder does not present the required information, it will be understood that he has "Withdrawn" from the request and it will proceed to close it with this status.
The Owner has the right, at all times, to request Moda Y Alta Costura SAS, the deletion (elimination) of their personal data when:
- Consider that they are not being treated in accordance with the principles, duties and obligations set forth in Law 1581 of 2012.
- They have ceased to be necessary or pertinent for the purpose for which they were collected.
- The period necessary for the fulfillment of the purposes for which they were collected has been exceeded.
This deletion implies the total, partial or inactivation of personal information as requested by the Holder in the records, files, databases or treatments carried out by Moda Y Alta Costura SAS The Holder must note that the right of cancellation does not is absolute and the person in charge can deny the exercise of it when:
- a) Requests for deletion of information will not proceed when the Holder has a legal or contractual duty to remain in the database.
- b) Requests for deletion of information will not proceed when the Owner has a transactional process in our databases.
- c) The deletion of data hinders judicial or administrative actions related to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions.
- d) The data is necessary to protect the legally protected interests of the Owner; to carry out an action based on the public interest, or to comply with a legal obligation acquired by the Owner.
If the cancellation of personal data is appropriate, Moda Y Alta Costura SAS must operationally carry out the deletion in such a way that the deletion does not allow the recovery of the information. It should also be taken into account that in some cases certain information must remain in historical records for compliance with legal duties of the organization, so its deletion will be related to the active treatment of the same and according to the request of the Owner.
Identification of Databases and Validity Period
The databases under treatment by Moda Y Alta Costura SAS are those established in this policy and in the Privacy and Security Policy and will be valid throughout the duration of the company's corporate purpose.
Validity and Update of Policies
This Personal Data Protection Policy is in force as of May 1, 2021. As a general rule, the term of authorizations on the use of personal data by clients and/or users is understood as the term of the commercial relationship or link to the service and during the exercise of the company's corporate purpose.
The authorizations on the data of the clients and/or users may terminate at their will at any time. If the person is an active client of Moda Y Alta Costura SAS, their data may not be used for anything other than the provision of the product or service and for the offer of subsequent renewals when the service has this modality.
Any substantial change in the Treatment policies will be communicated before being implemented and in a timely manner to the Data Holders through the usual means of contact and/or through:
- The Website https://www.luisanicholls.com/
- For Holders who do not have access to electronic means or those who cannot be contacted, they will communicate through verbal, written or digital means displayed in our offices.