AUTHORIZATION FOR THE PROCESSING OF INFORMATION AND PERSONAL DATA
By accepting and granting this authorization, I empower Motoraid Adventure S.A.S. to collect, store, use, circulate, and delete personal data, sensitive data, and cookies provided by the data subjects.
Acting as the owner of the sensitive data described in Article 5 of Law 1581 of 2012, I grant explicit authorization for such processing, except in cases where the granting of such approval is not required by law.
Once authorized, Motoraid Adventure S.A.S. may process the data described above for professional, commercial, administrative, and advertising purposes without implying the commercialization or circulation of the processed data, applying the exceptions established by law.
PERSONAL DATA PROCESSING POLICY
This Personal Data Processing Policy establishes the terms and conditions under which Motoraid Adventure S.A.S., a legally constituted commercial entity identified with NIT 900.767.529-0, headquartered at Calle 77 # 7 - 64, Apt. 602, Bogotá D.C., Republic of Colombia (from now on "Motoraid"), and the website www.motoraidadventure.com will process personal data.
The processing that Motoraid will carry out with the personal information includes the collection, storage, use, commercial use, and circulation of users' personal data and all related activities.
REGULATORY FRAMEWORK
- Political Constitution of Colombia
- Law 1581 of 2012: General provisions for the protection of personal data
- Law 1266 of 2008: General provisions for habeas data and regulation of the handling of information contained in personal databases, primarily financial, credit, commercial, service-related, and those from third countries, among other provisions.
- Single Decree 1074 of 2015: Regulatory Decree for the Commerce, Industry, and Tourism Sector.
- Single Decree 1072 of 2015: Regulatory Decree for the Labor Sector.
- Any other norms that add, replace, and/or modify the aforementioned.
RIGHTS OF THE DATA SUBJECT
As the owner of their data, the Motoraid user has the right to:
- Access, free of charge, the provided data that has been subject to processing.
- Know, update, and rectify their information in the face of partial, inaccurate, incomplete, or misleading data or data whose processing is prohibited or unauthorized.
- Request proof of the granted authorization.
- Lodge complaints with the Superintendence of Industry and Commerce (SIC) for violations of current regulations.
- Revoke the authorization and/or request the deletion of the data, provided there is no legal or contractual obligation preventing their removal.
- Refrain from answering questions about sensitive data. Responses regarding sensitive data or data about children and adolescents will be optional.
MECHANISMS TO UNDERSTAND THE DATA PROCESSING POLICY
The data subject can access our Personal Data Processing Policy, which is published at https://motoraidadventure.com/politica-tratamiento-datos/
PERSONAL DATA PROTECTION POLICY
The objective of this data protection policy is to establish criteria for the collection, storage, use, circulation, and deletion of the personal data processed by Motoraid. This policy applies to all personal information registered in Motoraid's databases, acting as the data controller. Compliance with this policy is mandatory and strictly enforced for Motoraid.
DATA PROCESSING RESPONSIBLE ENTITY
Motoraid Adventure S.A.S. is a legally constituted commercial entity identified with NIT 900.767.529-0, headquartered at Calle 77 # 7 - 64, Apt. 602, Bogotá D.C., Republic of Colombia, and website www.motoraidadventure.com.
DEFINITIONS
This data processing policy includes expressions that will have the meaning assigned to them here or, failing that, the meaning granted by law.
PROCESSING AND PURPOSE
The processing that Motoraid will carry out with the personal information includes the collection, storage, use, commercial use, and circulation of personal data of the data subjects and all related activities, including but not limited to:
- Fulfilling contracts and providing services to Motoraid's clients and users. Issuing documents with contractual content or generating legal consequences, claims, or requests to authorities.
- Using personal data to offer Motoraid's services or products.
- Internal development and operation processes of Motoraid's website.
- Updating Motoraid's website, archiving processes, and data protection processes.
- Transmitting data to third parties for commercial, administrative, marketing, and/or operational purposes.
- Processing all necessary information for compliance with tax obligations and commercial, corporate, and accounting records.
- Fraud and money laundering control and prevention, consultation on restrictive lists, and all necessary information required to carry out anti-money laundering and counter-terrorism financing procedures.
- Maintaining and processing any type of information related to the user to offer them services and products.
DATA PROCESSING PRINCIPLES
The following principles will be applied in the processing of data:
Legality Principle: Processing is a regulated activity that must comply with what is established by law and other provisions that develop it.
Purpose Principle: Processing must obey a legitimate purpose according to the Constitution and the law, which must be informed to the data subject.
Freedom Principle: Processing can only be carried out with the prior, express, and informed consent of the data subject. Personal data cannot be obtained or disclosed without prior authorization or in the absence of a legal or judicial mandate relieving consent.
Truth or Quality Principle: Information subject to processing must be truthful, complete, accurate, up-to-date, verifiable, and understandable. The processing of partial, incomplete, fragmented, or misleading data is prohibited.
Transparency Principle: The data subject's right to obtain information about the existence of data concerning them must be guaranteed in the processing. Access to personal data, except for public information, cannot be available on the Internet or other mass media unless access is technically controllable to provide restricted knowledge only to data subjects or third parties authorized under this law.
Access and Restricted Circulation Principle: Processing is subject to the limits derived from the nature of personal data, as well as legal and constitutional provisions. In this sense, processing can only be done by persons authorized by the data subject and/or by persons provided for by law. Personal data, except for public information, cannot be available on the Internet or other mass media unless access is technically controllable to provide restricted knowledge only to data subjects or third parties authorized under this law.
Security Principle: Information subject to processing by the data controller or data processor referred to in this law must be handled with the technical, human, and administrative measures necessary to provide security to the records, avoiding their tampering, loss, consultation, use, or unauthorized or fraudulent access.
Confidentiality Principle: All persons involved in the processing of personal data that do not have the nature of public information are obliged to guarantee the confidentiality of the information, even after their relationship with any of the tasks included in the processing is finished. They can only provide or communicate personal data when it corresponds to the development of activities authorized by law and under the terms of this law.
DATA SUBJECT RIGHTS
As the owner of their data, the Motoraid user or client has the right to:
- Access, free of charge, the provided data that has been subject to processing.
- Know, update, and rectify their information in the face of partial, inaccurate, incomplete, or misleading data or data whose processing is prohibited or unauthorized.
- Request proof of the granted authorization.
- Lodge complaints with the Superintendence of Industry and Commerce (SIC) for violations of current regulations.
- Revoke the authorization and/or request the deletion of the data, provided there is no legal or contractual obligation preventing their removal.
- Refrain from answering questions about sensitive data. Responses regarding sensitive data or data about girls, boys, and adolescents will be optional.
HANDLING OF REQUESTS, CONSULTATIONS, AND COMPLAINTS
The user service area is the unit responsible for processing the requests of the data subjects to enforce their rights. For this purpose, the user must direct their communications to the email jorge@motoraidadventure.com or in writing to Calle 77 # 7 - 64, Apt. 602, Bogotá D.C., or by phone at (+57) 310 2267187, where requests for updating, correction, or deletion of personal data, among other requests authorized by the law, will be received, processed, and answered.
PROCEDURE FOR EXERCISING THE RIGHT OF HABEAS DATA
In compliance with the rules on the protection of personal data, Motoraid presents the procedure and minimum requirements for the exercise of their rights:
For filing and handling your request, we ask you to provide the following information:
- Full name and last name
- Contact information (physical and/or electronic address and contact numbers)
- Means to receive a response to your request
- Reason(s)/fact(s) giving rise to the complaint with a brief description of the right you wish to exercise (know, update, rectify, request proof of the granted authorization, revoke it, delete, access the information)
- Signature (if applicable) and identification number.
The maximum term established by law to resolve your complaint is fifteen (15) business days, counted from the day following the date of receipt. When it is not possible to address the complaint within this period, Motoraid will inform the interested party of the reasons for the delay and the date on which their complaint will be addressed, which in no case can exceed eight (8) business days after the expiration of the first term.
Once the terms stipulated by Law 1581 of 2012 and other regulations that regulate or complement it have been met, the data subject to whom the exercise of the rights of access, update, rectification, deletion, and revocation is denied, totally or partially, may bring their case to the attention of the Superintendence of Industry and Commerce - Delegation for the Protection of Personal Data.
By the above, the following specific procedures will be applied:
PERSONAL DATA CONSULTATIONS
Data subjects may consult the personal information of the data subject that is in any database. Motoraid must provide all the information contained in the individual record or linked to the identification of the data subject. The query will be made through the means enabled by Motoraid as long as proof of it can be maintained.
The query will be answered within a maximum period of ten (10) business days from the date of receipt. When it is not possible to address the query within this period, the interested party will be informed, stating the reasons for the delay and indicating the date on which their query will be addressed, which in no case can exceed five (5) business days after the expiration of the first term.
COMPLAINTS
The data subject who considers that the information contained in a database should be corrected, updated, or deleted, or when they notice the alleged non-compliance with any of the duties included in the law, may file a complaint with Motoraid, which will be processed under the following rules:
The complaint will be formulated using a request addressed to Motoraid, with the identification of the data subject, the description of the facts that give rise to the complaint, the address, and accompanying documents that they wish to assert. If the complaint is incomplete, the interested party will be required to remedy the deficiencies within five (5) days following the receipt of the complaint. Two (2) months after the date of the request, without the applicant providing the requested information, it will be understood that they have waived the complaint.
If the recipient of the complaint is not competent to resolve it, they will transfer it to the appropriate authority within a maximum period of two (2) business days and inform the interested party of the situation.
Once the complete complaint is received, a legend will be included in the database that says "complaint in progress" and the reason for it within a period not exceeding two (2) business days. This legend must be maintained until the complaint is decided.
The maximum term to address the complaint will be fifteen (15) business days from the day following the date of its receipt. When it is not possible to address the complaint within this term, the interested party will be informed of the reasons for the delay and the date on which their complaint will be addressed, which in no case can exceed eight (8) business days after the expiration of the first term.
In any case, the data subject can only file a complaint with the Superintendence of Industry and Commerce after exhausting the consultation or complaint process with Motoraid.
DURATION.
This Personal Data Processing Policy is effective as of February 1, 2022. The databases in which personal data will be registered will be kept as long as their deletion is not requested by the interested party and as long as there is no legal or contractual obligation to retain their information. Once the established term is fulfilled, the data will be deleted from our databases.