PERSONAL DATA PROCESSING POLICY

1. LEGAL REGULATIONS AND SCOPE OF APPLICATION:

This personal data treatment policy is prepared in accordance with the provisions of the Political Constitution, Law 1581 of 2012, Regulatory Decree 1377 of 2013 and other complementary provisions and will be applied by QUICK APP SAS regarding the collection, storage, use, circulation, deletion and of all those activities that constitute processing of personal data.

2. DEFINITIONS:

For the purposes of executing this policy and in accordance with legal regulations, the following definitions will be applicable:

Authorization: Prior, express and informed consent of the Holder to carry out the Processing of personal data;
Privacy Notice: A physical, electronic document or in any other format generated by the Responsible Party that is made available to the Owner for the processing of their personal data. In the Privacy Notice, the Owner is informed of the information regarding the existence of the information treatment policies that will be applicable, the way to access them and the purpose of the treatment that is intended to be given to the personal data;
Database: Organized set of personal data that is subject to Treatment;
Personal data: Any information linked to or that may be associated with one or more specific or determinable natural persons;
Public data: It is the data classified as such according to the mandates of the law or the Political Constitution and that which is not semi-private, private or sensitive. The data relating to the marital status of individuals, their profession or trade, their status as a merchant or public servant and those that can be obtained without any reservation are public, among others. By its nature, public data may be contained, among others, in public records, public documents, gazettes and official gazettes;
Private data: It is the data that due to its intimate or reserved nature is only relevant for the owner;
Sensitive data: Sensitive data is understood to be those that affect the privacy of the Holder or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, union membership, social, human rights organizations or organizations that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sexual life and biometric data;
Responsible for 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 the Person Responsible for the Treatment;
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;
Owner: Natural person whose personal data are subject to Treatment;
Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion of the same.

3. PURPOSE WITH WHICH THE COLLECTION OF PERSONAL DATA AND TREATMENT OF THE SAME IS CARRIED OUT:

QUICK APP S.A.S may use personal data to:

Execute the existing contractual relationship with its clients, suppliers and workers, including the payment of contractual obligations;
Provide the services and / or products required by its users;
Inform about new products or services and / or about changes in them;
Evaluar la calidad del servicio;
Evaluate the quality of the service;
Send to physical, electronic, cell phone or mobile device, via text messages (SMS and / or MMS) or through any other analog and / or digital means of communication created or to be created, commercial, advertising or promotional information about the products and / or services, events and / or promotions of a commercial nature or not, in order to promote, invite, direct, execute, inform and in general, carry out campaigns, promotions or contests of a commercial or advertising nature, advanced by QUICK APP SAS and / or by third parties;
Develop the process of selection, evaluation, and employment relationship;
Support internal or external audit processes;
Register the information of employees and / or pensioners (active and inactive) in the databases of QUICK APP S.A.S; i) Those indicated in the authorization granted by the owner of the data or described in the respective privacy notice, as the case may be;
Supply, share, send or deliver your personal data to affiliated, related, or subordinate companies of QUICK APP S.A.S. Located in Colombia or any other country in the event that said companies require the information for the purposes indicated here.

Regarding the data (i) collected directly at the security points, (ii) taken from the documents that people provide to the security personnel and (iii) obtained from the video recordings that are made inside or outside the QUICK APP facilities SAS, these will be used for security purposes of the people, goods and facilities of QUICK APP SAS and may be used as evidence in any type of process. If personal data is provided, said information will be used only for the purposes indicated here, and therefore, QUICK APP SAS will not proceed to sell, license, transmit, or disclose it, unless: (i) there is express authorization to do so ; (ii) is necessary to allow contractors or agents to provide the services entrusted; (iii) is necessary in order to provide our services and / or products; (iv) it is necessary to disclose it to the entities that provide marketing services on behalf of QUICK APP S.A.S or to other entities with which they have joint market agreements; (v) the information is related to a merger, consolidation, acquisition, divestment, or other restructuring process of the company; (vi) that is required or permitted by law. QUICK APP S.A.S may subcontract to third parties for the processing of certain functions or information. When the processing of personal information is effectively outsourced to third parties or personal information is provided to third party service providers, QUICK APP S.A.S advises said third parties about the need to protect said personal information with appropriate security measures.

4. PRINCIPLES APPLICABLE TO THE PROCESSING OF PERSONAL DATA:

The processing of personal data in QUICK APP S.A.S will be governed by the following principles:

Principle of purpose: The Treatment of the personal data collected must obey a legitimate purpose, which must be informed to the Holder;
Principle of freedom: Treatment can only be carried out with the prior, express and informed consent of the Holder. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that relieves consent;
Principle of truthfulness or quality: The information subject to Treatment must be truthful, complete, exact, updated, verifiable and understandable. The Processing of partial, incomplete, fractioned or misleading data will not be carried out;
Principle of transparency: In the Treatment, the right of the Holder to obtain from QUICK APP S.A.S at any time and without restrictions, information about the existence of data concerning him must be guaranteed;
Principle of access and restricted circulation: Treatment is subject to the limits derived from the nature of personal data, the provisions of this law and the Constitution. Personal data, except for public information, and the provisions of the authorization granted by the owner of the data, may not be available on the Internet or other means of dissemination or mass communication, unless access is technically controllable to provide restricted knowledge only to the Holders or authorized third parties;
Security principle: The information subject to Treatment by QUICK APP SAS must be protected through the use of technical, human and administrative measures that are necessary to provide security to the records avoiding their adulteration, loss, consultation, use or access not authorized or fraudulent;
Principle of confidentiality: All persons who intervene in the Processing of personal data are obliged to guarantee the reservation of the information, even after the end of their relationship with any of the tasks included in the Processing.

FIRST PARAGRAPH: In the event that sensitive personal data is collected, the Holder may refuse to authorize its Treatment.

5. RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA:

In accordance with Law 1581 of 2012 and its regulatory decree 1377 of 2013, the following information is set out regarding the person responsible for the processing of personal data:

Company name of the person responsible for the treatment: QUICK APP S.A.S.
Nit: 901236970-1
Address of the person responsible for the treatment: Tv. 93 No. 51-98 Puerta del Sol Bodega 24 Business Center Bogotá, Colombia
Email of the person responsible for the treatment: {”} [analyista.juridico@quick.cl] (mailto: analyista.juridico@quick.cl)
Telephone of the person responsible for the treatment: +571 7470547
Period of validity of the database: All the information collected about users will be stored by the person responsible for data processing (QUICK APP S.A.S.) for a period of 5 years, counted from the same day the information is supplied. After five (5) years, it will be deleted by the data controller.

6. RIGHTS OF THE HOLDERS OF PERSONAL DATA OBJECT TO TREATMENT BY QUICK APP S.A.S:

The holders of personal data by themselves or through their representative and / or attorney-in-fact or their successor in title may exercise the following rights, with respect to the personal data that are subject to treatment by QUICK APP S.A.S:

Right of access: By virtue of which you will be able to access the personal data that are under the control of QUICK APP SAS, for the purpose of consulting them for free at least once every calendar month, and whenever there are substantial modifications to the Policies of Treatment of the information that motivates new consultations;
Right of updating, rectification and deletion: By virtue of which you may request the updating, rectification and / or deletion of the personal data being processed, in such a way that the purposes of the treatment are satisfied;
Right to request proof of authorization: except in events in which, according to current legal regulations, authorization is not required to carry out the treatment;
Right to be informed regarding the use of personal data;
Right to file complaints with the Superintendency of Industry and Commerce: for infractions of the provisions of current regulations on the processing of personal data;
Right to require compliance with the orders issued by the Superintendency of Industry and Commerce.

Revoke at any time the authorization of personal data granted to the person in charge, provided that there is no legal or contractual duty to remain in the database

DATA OF MINORS AND SENSITIVES, in the event that data from minors is received, the company will follow the parameters established by the regulations. It is made clear that the handling of data of minors will always be done for their benefit and in any case with respect for the best interests of children and adolescents and their fundamental rights. QUICK APP SAS, as far as possible, does not process sensitive data, however, if required, it has the possibility that the owner of the data should not respond to questions or circumstances that may involve this category of data.

FIRST PARAGRAPH: For the purposes of exercising the rights described above, both the owner and the person representing him must demonstrate their identity and, if applicable, the quality by virtue of which he represents the owner. SECOND PARAGRAPH: The rights of minors will be exercised through the people who are empowered to represent them, who will be the guarantor of the defense of their rights.

7. DUTIES OF QUICK APP S.A.S:

All those obliged to comply with this policy must bear in mind that QUICK APP S.A.S, is obliged to fulfill the duties imposed by law in this regard. Consequently, the following obligations must be met: A. Duties when acting as responsible: (i) Request and keep, under the conditions provided in this policy, a copy of the respective authorization granted by the owner. (ii) Clearly and sufficiently inform the owner about the purpose of the collection and the rights that assist him by virtue of the authorization granted. (iii) Inform at the request of the owner about the use given to their personal data (iv) Process the queries and claims formulated in the terms indicated in this policy (v) Ensure that the principles of truthfulness, quality, security and confidentiality in the terms established in the following policy (vi) -Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access. (vii) Update the information when necessary. (viii) Rectify personal data when appropriate. B. Duties when acting as Person in Charge of the processing of personal data. If you carry out the data processing on behalf of another entity or organization (Responsible for the treatment), you must comply with the following duties: (i) Establish that the Responsible for the treatment is authorized to supply the personal data that will be treated as Manager (ii) Guarantee the owner , at all times, the full and effective exercise of the right to habeas data. (iii) Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access. (iv) Timely update, rectify or delete the data. (v) Update the information reported by the Data Controllers within five (5) business days from its receipt. (vi) Process the queries and claims made by the owners in the terms indicated in this policy. (vii) Register in the database the legend “claim in process” in the form in which it is established in this policy. (ix) Insert in the database the legend “information in judicial discussion” once notified by the competent authority about judicial processes related to the quality of personal data. (x) Refrain from circulating information that is being controversial by the owner and whose blocking has been ordered by the Superintendency of Industry and Commerce. (xi) Allow access to information only to persons authorized by the owner or empowered by law for that purpose. (xii) Inform the Superintendency of Industry and Commerce when there are violations of the security codes and there are risks in the administration of the information of the holders. (xiii) Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce. C. Duties when processing through a Processor (i) Provide the Processor only with personal data whose treatment is previously authorized. For the purposes of the national or international transmission of the data, a personal data transmission contract must be signed or contractual clauses must be signed as established in article 25 of decree 1377 of 2013 . (ii) Guarantee that the information provided to the person in charge of the treatment is truthful, complete, exact, updated, verifiable and understandable. (iii) Communicate in a timely manner to the person in charge of the 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 up-to-date. (iv) Inform in a timely manner to the person in charge of the treatment the rectifications made on the personal data so that he may proceed to make the pertinent adjustments. (v) Require the person in charge of the treatment, at all times, to respect the security and privacy conditions of the owner’s information. (vi) Inform the person in charge of the treatment when certain information is under discussion by the owner, once the claim has been submitted and the respective procedure has not been completed. D. Duties regarding the Superintendency of Industry and Commerce (i) Inform it of possible violations of the security codes and the existence of risks in the administration of the information of the holders. (ii) Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.

The transfer of personal data of any kind to countries that do not provide adequate levels of data protection is prohibited. It is understood that a country offers an adequate level of data protection when it complies with the standards set by the Superintendency of Industry and Commerce on the matter, which in no case may be lower than those that this law requires of its recipients.

This prohibition will not apply when it comes to:

Information in respect of which the Holder has granted his express and unequivocal authorization for the transfer;
Exchange of medical data, when required by the Holder’s Treatment for health or public hygiene reasons;
Bank or stock transfers, in accordance with the applicable legislation;
Transfers agreed in the framework of international treaties to which the Republic of Colombia is a party, based on the principle of reciprocity;
Transfers necessary for the execution of a contract between the Owner and the Data Controller, or for the execution of pre-contractual measures as long as the Owner’s authorization is obtained;
Transfers legally required to safeguard the public interest, or for the recognition, exercise or defense of a right in a judicial process.

8. AUTHORIZATION REQUEST TO THE PERSONAL DATA HOLDER:

In advance and / or at the time of collecting the personal data, QUICK APP SAS will request the owner of the data their authorization to carry out its collection and treatment, indicating the purpose for which the data is requested, using automated technical means for these purposes , written or oral, that allow to preserve proof of the authorization and / or unequivocal conduct described in article 7 of Decree 1377 of 2013. Said authorization will be requested for the time that is reasonable and necessary to satisfy the needs that gave rise to the request for the data and, in any case, in compliance with the legal provisions that govern the matter.

9. NOTICE OF PRIVACY:

In the event that QUICK APP SAS cannot make this information treatment policy available to the owner of personal data, it will publish the privacy notice attached to this document, the text of which it will keep for later consultation by the owner. data and / or the Superintendency of Industry and Commerce.

10. TEMPORARY LIMITATIONS TO THE PROCESSING OF PERSONAL DATA:

QUICK APP S.A.S. You may only collect, store, use or circulate personal data for as long as is reasonable and necessary, in accordance with the purposes that justified the treatment, taking into account the provisions applicable to the matter in question and the administrative and accounting aspects. fiscal, legal and historical information. Once the purpose or purposes of the treatment have been fulfilled and without prejudice to legal regulations that provide otherwise, it will proceed to the deletion of the personal data in its possession. However, the foregoing, personal data must be kept when required to comply with a legal or contractual obligation.

11. RESPONSIBLE AREA AND PROCEDURE FOR THE EXERCISE OF THE RIGHTS OF THE HOLDERS OF PERSONAL DATA:

The ADMINISTRATIVE AREA of QUICK APP S.A.S will be responsible for attending to the requests, complaints and claims made by the owner of the data in exercise of the rights contemplated in paragraph 5 of this policy, except for that described in its literal e). For such purposes, the owner of the personal data or whoever represents it may send their request, complaint or claim to our offices or through the website.

The petition, complaint or claim must contain the identification of the Holder, the description of the facts that give rise to the claim, the address, and accompanying the documents that you want to enforce. If the claim is incomplete, the interested party will be required within five (5) days after receiving the claim to correct the faults. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that he has withdrawn the claim. In the event that the person who receives the claim is not competent to resolve it, he / she will transfer it to the corresponding person within a maximum term of two (2) business days and will inform the interested party of the situation. Once the complete claim has been received, a legend that says “claim in process” and the reason for it will be included in the database, within a term of no more than two (2) business days. Said legend must be kept until the claim is decided. The maximum term to attend the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to attend the claim within said term, the interested party will be informed of the reasons for the delay and the date on which their claim will be attended, which in no case may exceed eight (8) business days following the expiration of the first finished.

12. SECURITY MEASURES:

In development of the security principle established in Law 1581 of 2012, QUICK APP S.A.S will adopt the technical, human and administrative measures that are necessary to grant security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access. The personnel who carry out the processing of personal data will execute the protocols established in order to guarantee the security of the information.

13. LAW AND JURISDICTION:

Any interpretation, judicial or administrative action derived from the processing of personal data will be subject to the personal protection regulations established in the Republic of Colombia and the competent administrative or jurisdictional authorities for the resolution of any concern, complaint or demand about them will be the of the Republic of Colombia.

14. EFFECTIVE DATE:

This Personal Data Policy comes into effect as of June 1, 2018.

15. NOTICE OF PRIVACY

15.1 PURPOSE FOR THE COLLECTION OF PERSONAL DATA AND THE TREATMENT OF THE SAME:

QUICK APP S.A.S may use personal data to:

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Execute the existing contractual relationship with its clients, suppliers and workers, including the payment of contractual obligations;
Provide the services and / or products required by its users;
Inform about new products or services and / or about changes in them;
Evaluate the quality of the service;
Conduct internal studies on consumer habits;
Send to physical, electronic, cellular or mobile device, via text messages (SMS and / or MMS) or through any other analog and / or digital means of communication created or to be created, commercial, advertising or promotional information about the products and / or services, events and / or promotions of a commercial nature or not, in order to promote, invite, direct, execute, inform and in general, carry out campaigns, promotions or contests of a commercial nature or advertising, advanced by QUICK APP SAS and / or by third parties;
Develop the process of selection, evaluation, and employment relationship;
Support internal or external audit processes; i) Register the information of employees and / or retirees (active and inactive) in the QUICK APP S.A.S databases:
Those indicated in the authorization granted by the owner of the data or described in the respective privacy notice, as the case may be;
Supply, share, send or deliver your personal data to affiliated, linked, or subordinate companies of QUICK APP S.A.S, located in Colombia or any other country in the event that said companies require the information for the purposes indicated here.

If personal data is provided, said information will be used only for the purposes indicated here, and therefore QUICK APP S.A.S will not proceed to sell, license, transmit, or disclose it, unless: (i) there is express authorization to do so; (ii) is necessary to allow contractors or agents to provide the services entrusted; (iii) is necessary in order to provide our services and / or products; (iv) it is necessary to disclose it to the entities that provide marketing services on behalf of QUICK APP S.A.S or to other entities with which they have joint market agreements; (v) the information is related to a merger, consolidation, acquisition, divestment, or other restructuring process of the company; (vi) that is required or permitted by law.

QUICK APP S.A.S may subcontract to third parties for the processing of certain functions or information. When the processing of personal information is effectively outsourced to third parties or personal information is provided to third party service providers, QUICK APP SAS advises said third parties about the need to protect said personal information with appropriate security measures, the use of the information is prohibited for their own purposes and it is requested that personal information not be disclosed to others.

15.2 RIGHTS OF PERSONAL DATA HOLDERS:

The owners of personal data by themselves or through their representative and / or attorney-in-fact or their successor in title may exercise the following rights, with respect to the personal data that are subject to treatment by QUICK APP S.A.S:

Right of access: By virtue of which you will be able to access the personal data that are under the control of QUICK APP SAS, for the purpose of consulting them for free at least once every calendar month, and each time there are substantial modifications of the Information Processing Policies that motivate new consultations;
Right to update, rectification and deletion: By virtue of which you may request the updating, rectification and / or deletion of the personal data being processed, in such a way that the purposes of the treatment are satisfied;
Right to request proof of authorization: except in events in which, according to current legal regulations, authorization is not required to carry out the treatment;
Right to be informed regarding the use of personal data;
Right to file complaints with the Superintendency of Industry and Commerce: for infractions of the provisions of current regulations on the processing of personal data;
Right to require compliance with the orders issued by the Superintendency of Industry and Commerce.

15.3 PERSONAL DATA PROCESSING POLICY:

It can be consulted at the physical facilities of QUICK APP S.A.S or on its website.

The QUICK APP SAS ADMINISTRATIVE AREA will be responsible for responding to the requests, complaints and claims made by the owner of the data in exercise of the rights contemplated in paragraph 5 of the personal data treatment policy, except for the one described in its literal and). For such purposes, the owner of the personal data or whoever exercises the representation thereof may send their request, complaint or claim through the website.