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Privacy Policy

PERSONAL DATA PROCESSING POLICY

 

ETHEREAL

ETÉREA informs the Holders of Personal Data, which are processed in any way by ETÉREA, of this information processing policy (the “Policy”), thereby complying with Law 1581 of 2012 and the Sole Regulatory Decree. 1074 of 2015. The main purpose of this Policy is to inform the Owners of the Personal Data of the rights that assist them, the procedures and mechanisms established by ETÉREA to make these rights of the Owners effective, and to inform them of the scope and the purpose of the Treatment to which the Personal Data will be submitted in the event that the Owner grants express, prior and informed authorization.

The personal data that is voluntarily provided by the USERS of this Site will be included in a file with the purpose of updating our databases, as well as their use for commercial, information, and/or advertising purposes of our products and services.

  1. DEFINITIONS .

Expressions used in capital letters in this Policy will have the meaning given to them herein, or the meaning given to them by applicable law or case law, as such law or case law is modified from time to time:

  • "Authorization": It is the prior, express and informed consent of the Owner to carry out the Processing of their Personal Data, which is carried out through the Site.
  • "Database": It is the organized set of Personal Data that is subject to Processing, electronic or not, regardless of the method of its formation, storage, organization and access.
  • “Financial Data”: It is all Personal Data referring to the birth, execution and extinction of monetary obligations, regardless of the nature of the contract that gives rise to them, the Treatment of which is governed by Law 1266 of 2008 or the regulations that complement, modify or add to it.
  • “Personal Data”: It is any information of any type, linked or that can be associated with one or several specific or determinable natural or legal persons.
  • “Public Data”: It is Personal Data qualified as such according to the mandates of the law or the Political Constitution and that which is not semi-private, private or sensitive. Public are, among others, data relating to the marital status of people, their profession or trade, their status as a merchant or public servant and those that can be obtained without any reservation. Due to its nature, public data may be contained, among others, in public records, public documents, official gazettes and bulletins, duly executed judicial rulings that are not subject to confidentiality.
  • “Sensitive Data”: It is the Personal Data that affects the privacy of the Owner or whose improper use can generate discrimination, such as those that reveal union affiliations, racial or ethnic origin, political orientation, religious, moral or philosophical convictions, membership in unions, social organizations, human rights organizations or 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.
  • “Processor”: It is the natural or legal person, public or private, who, by themselves or in association with others, carries out the Processing of Personal Data on behalf of the Data Controller.
  • "Authorized": It is ETÉREA and all the people under the responsibility of the Company, who by virtue of the Authorization and these Policies have legitimacy to Process the Personal Data of the Owner. The Authorized includes the genus of the Authorized.
  • "Qualification": It is the legitimation that expressly and in writing through a contract or document that replaces it, grants ETÉREA to third parties, in compliance with the applicable Law, for the Processing of Personal Data, converting such third parties into Processors of the Personal Data delivered or made available.
  • “Responsible for Treatment”: It is the natural or legal person, public or private, who alone or in association with others, decides on the Database and/or the Processing of Personal Data.
  • “Holder” of Personal Data: It is the natural or legal person to whom the information stored in a Database refers, and who is the subject of the right of habeas data.
  • "Transfer": It is the Processing of Personal Data that involves the communication of the same within or outside the territory of the Republic of Colombia when its purpose is to carry out a Processing by the Processor on behalf of the Controller.
  • "Transmission": It is the activity of Personal Data Processing through which the same is communicated, internally or with third parties, within or outside the territory of the Republic of Colombia, when said communication has as its objective the performance of any Processing activity by the recipient of the data. Personal Data.
  • “Personal Data Processing”: It is any systematic operation and procedure, electronic or not, that allows the collection, conservation, organization, storage, modification, relationship, use, circulation, evaluation, blocking, destruction and in general, the processing of Personal Data, as well as its transfer. to third parties through communications, queries, interconnections, assignments, data messages.

ETÉREA, in the development of its commercial activities, will collect, use, store, transmit and carry out various operations on the Personal Data of the Owners. In all Personal Data Processing carried out by ETÉREA, the Controllers, Processors and/or third parties to whom Personal Data is transferred must comply with the principles and rules established in the Law and in this Policy, in order to guarantee the right to habeas data of the Holders and comply with the obligations of the ETÉREA Law. These principles are:

  • Prior Authorization : All Personal Data Processing will be carried out once prior, express and informed Authorization has been obtained from the Owner, unless the Law establishes an exception to this rule. In the event that the Personal Data has been obtained prior to the Law, ETÉREA will seek the relevant ordinary and alternative means to summon the Owners and obtain their retroactive authorization, following the provisions of the Single Regulatory Decree 1074 of 2015 and the corresponding regulations. .
  • Authorized purpose : All Personal Data Processing activities must comply with the purposes mentioned in this Policy or in the Authorization granted by the Owner of the Personal Data, or in the specific documents that regulate each type or process of Personal Data Processing. The purpose of the particular Processing of Personal Data must be informed to the Owner of the Personal Data at the time of obtaining Authorization. Personal Data may not be processed outside of the purposes informed and consented to by the Data Owners.
  • Data Quality: The Personal Data submitted to Processing must be true, complete, accurate, updated, verifiable and understandable. When it is in possession of Personal Data that is partial, incomplete, fragmented or misleading, ETÉREA must refrain from Processing it, or request its owner to complete or correct the information.
  • Delivery of information to the Owner : When the Owner requests it, ETÉREA must deliver information about the existence of Personal Data that concerns the applicant. This delivery of information will be carried out by the ETÉREA unit in charge of the protection of personal data (see point 7 and 8 of this Policy).
  • Restricted circulation: Personal Data can only be Processed by ETÉREA personnel who have authorization or authorization to do so, or who within their functions are in charge of carrying out such activities. Personal Data may not be delivered to those who do not have Authorization or have not been Authorized by ETÉREA to carry out the Treatment.
  • Temporality: ETÉREA will not use the owner's information beyond the reasonable period required by the purpose that was informed to the Owner of the Personal Data.
  • Restricted access: Except for expressly authorized Data, ETÉREA will not be able to make Personal Data available for access through the Internet or other means of mass communication, unless technical and security measures are established to control access and restrict it only to Authorized persons. .
  • Confidentiality: ETÉREA must always carry out the Treatment by providing the technical, human and administrative measures that are necessary to maintain the confidentiality of the data and to prevent it from being adulterated, modified, consulted, used, accessed, eliminated, or known by unauthorized persons or by persons Authorized and unauthorized fraudulently, or the Personal Data is lost. Any new project that involves the Processing of Personal Data must consult this Processing Policy to ensure compliance with this rule.
  • Confidentiality and Subsequent Treatment: All Personal Data that is not Public Data must be treated by the Controllers as confidential, even when the contractual relationship or link between the Owner of the Personal Data and ETÉREA has ended. Upon termination of said link, such Personal Data must continue to be Processed in accordance with this Policy and the Law.
  • Individuality: ETÉREA will maintain the databases in which it has the capacity of Manager separately from the databases in which it is Responsible.
  • Need: Personal Data can only be Processed for the time and to the extent that the purpose of its Processing justifies it.

  1. TREATMENT AND PURPOSES.

The Personal Data processed by ETÉREA must be strictly submitted only to the purposes indicated below. Likewise, the Managers or third parties who have access to the Personal Data by virtue of Law or contract, will maintain the Treatment within the following purposes:

  • Manage all the information necessary to comply with tax obligations and commercial, corporate and accounting records of ETÉREA.
  • Comply with ETÉREA's internal processes regarding supplier and contractor administration.
  • Comply with service contracts entered into with clients.
  • Provide its services in accordance with the particular needs of ETÉREA's clients, in order to fulfill the service contracts entered into, including, but not limited to, the verification of affiliations and rights of the individuals to whom ETÉREA's clients will provide its services, use Personal Data for marketing and/or commercialization of new services or products.
  • The control and prevention of fraud and money laundering, including but not limited to consultation on restrictive lists, and all the necessary information required for the Money Laundering and Terrorist Financing Risk Management System - SARLAFT.
  • The process of filing, updating systems, protecting and custody of ETÉREA information and databases.
  • Processes within ETÉREA, for development or operational and/or systems administration purposes.
  • The transmission of data to third parties with whom contracts have been entered into for this purpose, for commercial, administrative, marketing and/or operational purposes, including, but not limited to, the issuance of cards, personalized certificates and certifications to third parties, in accordance with current legal provisions.
  • Maintain and process by computer or other means, any type of information related to the client's business in order to provide the relevant services and products.
  • To respond to requests or requests made by Users through customer service channels.
  • For marketing purposes, among others. '
  • Usability and quality analysis to improve the service.
  • The other purposes determined by the Controllers in processes of obtaining Personal Data for Processing, in order to comply with legal and regulatory obligations, as well as the policies of ETÉREA.

  1. RIGHTS OF THE HOLDER OF PERSONAL DATA.

In accordance with the Law, Personal Data Holders have the following rights:

  • Know, update and rectify your Personal Data before ETÉREA or its Data Processors. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or those whose Processing is expressly prohibited or has not been authorized.
  • Request proof of the Authorization granted to ETÉREA, unless the Law indicates that said Authorization is not necessary.
  • Submit requests to ETÉREA or the Data Processor regarding the use that has been given to your Personal Data, and that they provide you with such information.
  • Present complaints to the Superintendency of Industry and Commerce for violations of the Law.
  • Revoke your Authorization and/or request the deletion of your Personal Data from the ETÉREA databases, when the Superintendency of Industry and Commerce has determined by means of a definitive administrative act that in the Treatment ETÉREA or the Data Processor has engaged in conduct contrary to the Law or when there is no legal or contractual obligation to maintain the Personal Data in the Controller's database.
  • Request access and access free of charge to your Personal Data that has been processed in accordance with article 2.2.2.25.4.2 of the Single Regulatory Decree 1074 of 2015.
  • Know the modifications to the terms of this Policy prior to and efficiently implementing the new modifications or, failing that, the new information processing policy.
  • Have easy access to the text of this Policy and its modifications.
  • Access in an easy and simple way the Personal Data that is under the control of ETÉREA to effectively exercise the rights that the Law grants to the Owners.
  • Know the agency or person authorized by ETÉREA to whom you can submit complaints, queries, claims and any other request regarding your Personal Data.

The Holders may exercise their legal rights and carry out the procedures established in this Policy, by presenting their citizenship card or original identification document. Minors may exercise their rights personally, or through their parents or adults who have parental authority, who must prove it through the relevant documentation. Likewise, the rights of the Owner may be exercised by the successors in title who prove said quality, the representative and/or attorney of the owner with the corresponding accreditation and those who have made a stipulation in favor of another or for another.

  1. INFORMATION COLLECTION.

To begin the registration process, forms with complete and truthful information must be filled out by Users. The information requested is of special importance for the operation of the Site. ETÉREA may eventually collect information about the behavior of Users using cookies, tags, web beacons and other methods. For the interpretation of these concepts, the commonly accepted one will be used. The only personal information that a cookie can contain is information that the user himself provides when browsing the Internet, such as the IP address, the pages visited and in what order, the time spent on each page, the date and time. , etc. (the “Activity Information”). A cookie cannot read data from the User's hard drive or read cookie files created by other Internet sites. ETÉREA may collect information from Users to improve the quality of its services, thanks to the fact that it stores Users' preferences and monitors behavioral trends, for example, the type of searches performed by said Users. ETÉREA enables a registration option on the Site through a form. In this case, the User expressly consents to ETÉREA accessing, at any time, the information provided, which allows sharing when registering on the Platform.

  1. TRANSFER OF INFORMATION.

The information provided by Users and that collected directly may be transferred between different Ad Servers or other Internet sites such as search engines and others, which may be located in different countries, with different legislation on data protection. The use of the Site's services implies authorization by Users for the international transfer of the information provided. Additionally, the information collected by ETÉREA may be transferred to the Colombian police authorities when there is suspicion that one of the Users committed any fraudulent or criminal conduct when using the Site.

  1. SOCIAL NETWORKS.

The contents of our website can be shared through social networks (Facebook, Pinterest, Youtube, Instagram, Twitter, etc.). When you are connected to social networks and browse the page at the same time, a connection will be established between the servers of the social networks and those of our website. If you react on the website by leaving a comment, for example, the information associated with said comment will be published in your personal account of the social network used. If you reject the social network from collecting your information through the website, it will be necessary to disconnect from the social network before browsing the website. For more details regarding the protection and confidentiality of your personal data, we invite you to consult the data protection policies of the social networks used.

  1. PERSONAL DATA PROTECTION OFFICER.

ETÉREA has appointed Laura Agudelo Henao as responsible for receiving and responding to requests, complaints, claims and queries of all kinds related to Personal Data. The person in charge of Customer Service will process queries and complaints regarding Personal Data in accordance with the Law and this policy.

Some of the particular functions of this area in relation to Personal Data are:

  • Receive requests from Personal Data Holders.
  • Process and respond to those that are based on the Law or these Policies, such as: requests to update Personal Data; requests to know Personal Data; requests for deletion of Personal Data when the Owner presents a copy of the decision of the Superintendency of Industry and Commerce in accordance with the provisions of the Law, requests for information on the use given to their Personal Data, requests to update Personal Data, requests for proof of the Authorization granted, when it has proceeded according to the Law.
  • Respond to the Holders of Personal Data regarding those requests that do not proceed in accordance with the Law.

The Customer Service contact details are:

  • Email address: contacto@etereastore.com
  • WhatsApp phone: +57 304 5257718
  • Contact person title: CEO

In order to provide easier management of our website we use “cookies”. Cookies are small files or devices that are downloaded and stored by your browser on your computer's hard drive and are useful when operating our website. We use cookies to better understand how our website is being used and to enable improved navigation. Cookies also allow us to know if you have visited our website previously or if you are a new visitor. The cookies used by us do not store your personal data. If you do not wish to receive cookies or wish to delete them, you can do so by configuring your browser options accordingly. You will also find more information about cookies and how to manage and delete them in the “Help” menu of your browser. If you do not allow the installation of cookies in your browser, you may not be able to access some of the sections or some functions of our website may not work well.

  1. WEB ANALYSIS .

The ETÉREA website uses web analysis services from Google Analytics and Facebook Ads.

  1. GOOGLE ANALYTICS.

It is a web analytics tool from Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; “Google”). It offers aggregated information on the traffic that reaches websites based on audience, acquisition, behavior, and conversions that occur on the website.

You can obtain reports such as the tracking of exclusive users, the performance of the user segment, the results of the different online marketing campaigns, sessions by traffic sources, bounce rates, duration of sessions, content visited, conversions (for ecommerce), etc.

  1. GOOGLE REMARKETING .

We use Google remarketing technology. Through this technology we target again with advertising focused on those users who have already visited our websites and online services showing interest in our offer. The insertion of advertising occurs through the use of cookies. Cookies are small files or devices that are downloaded and stored on the user's computer. With the help of these cookies it is possible to analyze the user's behavior when visiting our website, taking advantage of it for specific and targeted recommendations regarding products and advertising focused on the user's interests.

If you do not wish to receive advertising based on your interests, you can deactivate the use of cookies through Google for advertising purposes, through the page https://www .google.de/settings/ads/onweb.

  1. FACEBOOK ADS

 

Facebook Ads is an online advertising system that is used to promote both a Facebook page and external material, paying for the clicks received.

With Facebook Ads the company or any of the Products will be advertised. Also, it offers grouped information on the target audience's traffic on the campaigns that are created.

 

  1. PROCEDURES TO EXERCISE THE RIGHTS OF THE OWNERS OF PERSONAL DATA

ETÉREA will have mechanisms for the Owner, his successors in title, his representatives and/or attorneys, those who have been stipulated in favor of another or for another, and/or the representatives of minor Owners, to formulate queries regarding which the Personal Data of the Owner that rests in the ETÉREA Databases.

These mechanisms can be sent electronically through the Customer Service email contacto@etereastore.com or WhatsApp on the hotline +57 304 525 7718 in charge of receiving requests, complaints and claims on the telephones.

Whatever the medium, ETÉREA will keep proof of the query and your response.

If the applicant has the capacity to formulate the query, in accordance with the accreditation criteria established in Law 1581 and the Single Regulatory Decree 1074 of 2015, ETÉREA will collect all the information about the Owner that is contained in the individual record of that person or that is linked to the identification of the Owner within the ETÉREA databases and will be made known to the applicant.

The person responsible for answering the query will respond to the applicant as long as he or she has the right to do so because he or she is the Owner of the Personal Data, his successor in title, attorney-in-fact, representative, whether it has been stipulated by another or for another, or is the legal person responsible in the case of minors. This response will be sent within ten (10) business days from the date on which the request was received by ETÉREA.

In the event that the request cannot be attended to within ten (10) business days, the applicant will be contacted to inform them of the reasons why the status of their request is in process. To do this, the same means or one similar to that used by the Owner to communicate their request will be used.

The final response to all requests will not take more than fifteen (15) business days from the date on which the initial request was received by ETÉREA.

ETÉREA has mechanisms for the Owner, his successors, representative and/or attorneys, those who stipulated by another or for another, and/or the representatives of minor Owners, to make claims regarding: (i) Personal Data Processed by ETÉREAL that must be corrected, updated or deleted; or (ii) the alleged breach of the duties of the ETÉREA Law.

These mechanisms may be electronic through the Customer Service email contacto@etereastore.com or WhatsApp on the hotline +57 304 525 7718, responsible for receiving requests, complaints and claims on the telephones.

The claim must be presented by the Owner, his successors or representatives or accredited in accordance with Law 1581 and the Sole Regulatory Decree 1074 of 2015, as follows:

  • You must contact ETÉREA electronically at the email address contacto@etereastore.com or WhatsApp at the hotline +57 304 525 7718.
  • It must contain the name and identification document of the Owner.
  • It must contain a description of the facts that give rise to the claim and the objective pursued (updating, correction or deletion, or compliance with duties).
  • You must indicate the address, contact information and identification of the claimant.
  • It must be accompanied by all the documentation that the claimant wants to assert.

Before addressing the claim, ETÉREA will verify the identity of the Personal Data Owner, its representative and/or attorney, or the accreditation that there was a stipulation by or for another. To do this, you may require the Holder's original citizenship card or identification document, and any special or general powers or documents that may be required as the case may be.

If the claim or additional documentation is incomplete, ETÉREA will require the claimant once within five (5) business days following receipt of the claim to correct the deficiencies. If the claimant does not present the required documentation and information within two (2) months following the date of the initial claim, it will be understood that the claim has been abandoned.

If for any reason the person who receives the claim within ETÉREA is not competent to resolve it, they will forward it to Customer Service within two (2) business days after receiving the claim, and will inform the claimant of said referral.

Once the claim is received with the complete documentation, a legend that says “claim in process” and the reason for this will be included in the ETÉREA Database where the Holder Data subject to claim is stored, within a period of no more than two (2) business days. This legend must be maintained until the claim is decided.

The maximum term to address the claim will be fifteen (15) business days counted from the day following the date of receipt with the complete documentation. When it is not possible to address 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 addressed, which in no case may exceed eight (8) business days following the expiration of the first term.

  1. UPDATE, MODIFICATION AND VALIDITY.

Parts of this privacy statement may be modified or updated by us, without you receiving prior communication. Please always consult the privacy document before taking advantage of our offer, in order to be aware of the latest version and, where applicable, any possible modifications and updates.

This Policy applies as of June 1, 2021. The Personal Data that is stored, used or transmitted will remain in our Database, based on the criteria of temporality and necessity, for the time necessary for the purposes mentioned in this Policy, for which they were collected.