1. Constitutional and Statutory Legal Foundation
This procedural manual is adopted in strict adherence to Article 15 of the Political Constitution of Colombia, Statutory Law 1581 of 2012 ("General Provisions for Personal Data Protection"), and Regulatory Decree 1377 of 2013 (compiled in Decree 1074 of 2015).
SIPDOLCE SAS acts as Data Controller and ensures all data processing concerning natural persons complies with statutory guarantees and mandatory legal reservation.
2. Guiding Principles of Personal Data Processing
In processing user and collaborator information, SIPDOLCE SAS applies mandatory Colombian statutory principles:
- Principle of Legality: Data handling is a regulated activity bound by constitutional and statutory provisions.
- Principle of Purpose: Processing serves legitimate, explicit purposes communicated beforehand to data subjects.
- Principle of Freedom: Data is collected and processed only with the prior, express, and informed consent of the titular.
- Principle of Truthfulness: Information must be true, complete, accurate, up to date, verifiable, and understandable.
- Principle of Transparency: Data subjects are guaranteed the right to ascertain the existence of their data at any time.
- Principle of Restricted Access: Processing is restricted to individuals authorized by the data subject or by law.
- Principle of Security: Technical and administrative measures are maintained to safeguard data against alteration, loss, or unauthorized access.
- Principle of Confidentiality: All persons involved in processing are legally bound to uphold professional confidentiality.
3. Enforceable Rights of Data Subjects
Under Article 8 of Colombian Statutory Law 1581 of 2012, data subjects hold the right to:
a) Know, update, and rectify their personal data held by SIPDOLCE SAS regarding inaccurate, incomplete, or fragmented information.
b) Request proof of the consent authorization provided.
c) Be informed by SIPDOLCE SAS, upon formal request, regarding the specific usage of their personal data.
d) File complaints before the Superintendence of Industry and Commerce (SIC) for violations of data protection law, after exhausting direct procedures with SIPDOLCE SAS.
e) Revoke authorization and/or request the suppression of data when processing fails to respect statutory principles and constitutional guarantees.
f) Access their processed personal information free of charge.
4. Formal Inquiries Procedure and Statutory Timelines
Data subjects or their verified legal successors may submit formal inquiries regarding personal data held in SIPDOLCE SAS records.
Statutory response timeline for inquiries: Inquiries must be resolved within a maximum period of ten (10) business days from the receipt date.
If an inquiry cannot be resolved within ten business days, SIPDOLCE SAS will notify the applicant before the expiration date, explaining the reasons for delay and establishing a definitive response date not exceeding five (5) additional business days.
5. Claims Procedure (Correction, Updating, Deletion)
When a data subject considers that records should be corrected, updated, or suppressed, or notes an alleged failure of statutory duties, a formal claim may be submitted.
5.1. Formal claim filing requirements
- Identification of the data subject (full legal name and official identification number).
- Precise, clear factual description giving rise to the claim.
- Physical or email address designated for receiving official notifications.
- Evidentiary documents supporting the request.
5.2. Incomplete claim remedy
If a claim is submitted with missing information, the applicant will be required within five (5) business days following receipt to remedy omissions. If two (2) months elapse without the applicant providing the requested details, the claim will be deemed abandoned.
5.3. "Claim in process" ledger notation
Upon receipt of a complete claim, within two (2) business days a notation stating "claim in process" and the underlying reason will be appended to the corresponding database record until resolved.
5.4. Statutory resolution timeline
The maximum statutory timeline to resolve a claim is fifteen (15) business days from the day following receipt. If resolution is not possible within this timeframe, the applicant will be notified, and resolution will take place within an extension not exceeding eight (8) additional business days.