Privacy Policy

In compliance with the provisions of Law 1581 of 2012 and its regulations, the Compañía Agrícola de María y José sas adopts this Policy for the Processing of Personal Data, hereinafter the Policy, which is available for consultation on the page www.agricolademariayjose.com and is thus informed to all holders of the data collected and in respect of which Agrícola de María y José sas is responsible for the processing of the information.

1.PURPOSE.

The purpose of this Policy is to guarantee the constitutional right of all persons to know, update and rectify the information that has been collected about them in the databases or files that the Compañía Agrícola de María y José sas has compiled and that are susceptible to processing, through the definition of the general guidelines of the norms that regulate the collection, storage, use, circulation, modification and deletion of personal data processed by the Company. In this personal data processing policy you will find the corporate and legal guidelines under which the Company processes your personal data, the purpose, your rights as the owner, as well as the internal and external procedures that exist for the exercise of such rights before the company, among others.

2.SCOPE OF APPLICATION.

All Collaborators of the Agricultural Company of María y José sas, Contractors, Subcontractors and third parties that have links with it, as well as its Legal Representatives and Members of the Board of Directors. Likewise, this policy applies to Suppliers, Commercial Agents, Clients of the Company, both active and inactive, whose personal data is included in the Company’s databases and in general to any other natural person whose information is subject to processing by us. The Policy will be applicable to personal data registered in any database that makes them susceptible to processing that is in the possession of the Company.

3.SCOPE.

This policy applies to all personal information registered in the databases of Agrícola de María y José sas, which acts as the controller of personal data.

4.LEGAL FRAMEWORK.

The following is the legal framework that regulates the processing of personal data in the Republic of Colombia.

Colombian Political Constitution, article 15.

  • Law 1266 of 2008. • Law 1581 of 2012. • Decree 1727 of 2009. • Decree 2952 of 2010. • Decree 1377 of 2013. • Decree 1074 of 2015 Single Regulatory Decree of the Commerce, Industry and Tourism sector. • Decree 2157 of 2021.

Any regulation that repeals, complements, modifies or adds to the current legislation regarding the exercise of the right to Habeas Data and protection of personal data.

5.DEFINITIONS.

1.Authorization: Prior, express and informed consent of the Holder to carry out the Processing of personal data.

2.Database: Organized set of personal data that is the object of processing.

3.Personal data: Any information linked to or that can be associated with one or more specific or identifiable natural persons.

4.Sensitive Data: data that affects the privacy of the Holder or whose improper use may lead to discrimination, such as data that reveal racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in unions, as well as data related to health, sexual life and biometric data.

5.General Policy for the Processing of Personal Data: This document refers to the personal data processing policy applied by Agrícola de María y José sas, in accordance with the guidelines of the current legislation on the matter.

6.Data Processor: Natural or legal person, public or private, who, by itself or in association with others, carries out the processing of personal data on behalf of the person responsible for the processing.

7.Data Controller: Natural or legal person, public or private, who, by itself or in association with others, decides on the database and/or the processing of the data.

8.Owner: Natural person whose personal data is subject to processing.

9.Processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.

10.Third party: Any legal or natural person other than the persons who are part of Agrícola de María y José sas.

11.Transfer: The transfer of data takes place when the person responsible and/or person in charge of processing personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is the Data Controller and is located within or outside the country.

12.Transmission: Processing of personal data that involves the communication of the same within or outside the territory of the Republic of Colombia when it is intended to carry out a Processing by the Processor on behalf of the person responsible.”

13.Public data: This is the data that is not semi-private, private or sensitive and may be contained, among others, in public records and documents, official gazettes and court rulings.

14.Private data: This is the data that due to its intimate or reserved nature is only relevant to the owner.

15.Semi-private data: This is the data that is not of an intimate, reserved or public nature and whose knowledge or disclosure may be of interest not only to the owner but to a certain sector or to society in general.

6.GUIDING PRINCIPLES THAT APPLY TO DATA PROCESSING.

In the development, interpretation and application of this policy, the following principles will be applied:

a.Principle of legality in data processing: Processing is a regulated activity that must be subject to the provisions of the law and other provisions that develop it.

b.Principle of purpose: Processing must obey a legitimate purpose in accordance with the Constitution and the Law, which must be reported to the Owner.

c.Principle of freedom: Processing can only be carried out with the prior, express and informed consent of the Owner. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that waives consent.

d.Principle of truthfulness or quality: The information subject to processing must be truthful, complete, accurate, up-to-date, verifiable and understandable. Processing of partial, incomplete, fractioned or misleading data is prohibited.

e.Principle of transparency: In the Processing, the right of the Holder to obtain from the person responsible for the Processing or the Processor, at any time and without restrictions, information about the existence of data that concerns him/her must be guaranteed.

f.Principle of restricted access and circulation: Processing is subject to the limits that arise from the nature of personal data, the law and the Constitution. In this sense, Processing may only be carried out by persons authorized by the Holder and/or by persons authorized by law.

g.Principle of security: The information subject to Processing by the person responsible for the Processing or the Processor must be handled with the technical, human and administrative measures that are necessary to provide security to the records, avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.

h.Personal data, except for public information, 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.

i.Confidentiality principle: All persons involved in the processing of personal data that are not public in nature are obliged to guarantee the confidentiality of the information, even after their relationship with any of the tasks that comprise the processing has ended, and may only provide or communicate personal data when this corresponds to the development of the authorized activities.

7.DATA CONTROLLER.

  • Company name: Agrícola de María y José sas.
  • Address or domicile: Calle 26 A No. 13 – 97 Office 704 Tequendama Boulevard building – Bogotá – Colombia.
  • Email: contacto@agricolademariayjose.com
  • Website: https://www.agricolademariayjose.com
  1. PROCESSING AND PURPOSE.

The processing carried out by those responsible for the databases will be carried out in accordance with the provisions of Law 1581 of 2012 and the regulations that add to or modify it, as well as the provisions of this policy.

The data collected will only be used for the purposes established in the respective data processing authorizations that are made available to the Holders in order for them to authorize the processing of their data.

Without prejudice to the foregoing, the databases may also be used for the following purposes:

GENERAL.

a.Support external or internal audit processes.

b.The execution of contracts that have been signed with Agrícola de María y José sas.

c.Make the payment of financial or contractual obligations.

d.Send correspondence, emails, social networks, messages through instant messaging applications, SMS, or telephone contact as an activity specific to the execution and/or fulfillment of the contractual relationship and/or in the development of promotional and marketing activities, unless it is indicated that none of the channels are authorized in accordance with Law 2300 of 2023.

e.Receive and collect the data necessary for the fulfillment of the duties that Agrícola de María y José sas is responsible for as the person responsible for the information and personal data.

f.For the management and response to information queries, complaints and/or claims.

g.Share your Personal Information with the risk centers, to use it for statistical, control, supervision and/or commercial purposes, as well as to report compliance with the obligations that may arise.

h.For data update campaigns and information on changes in the processing of personal data.

i.Any other purpose that results in the development of the relationship that exists between the data owner of Agrícola de María y José sas.

CUSTOMERS.

a.Marketing and advertising activities through authorized media in accordance with the provisions of Law 2300 of 2023.

b.Carrying out activities corresponding to Market Intelligence and market research.

c.Sending information about Agrícola de María y José sas products, services, promotions, events, alliances and offers.

d.Sending news considered of interest by the entity.

e.Opinion and loyalty surveys.

f.Carrying out all activities related to the management of the contractual relationship that Agrícola de María y José sas may have with the owners of personal data.

g.Attending to and processing complaints made by users of the products.

h.Attending to, managing and fulfilling home delivery services through the channels designated for this purpose.

i.Agrícola de María y José sas., may contact the owners of personal data through electronic, telephone, and other means considered electronic, physical and/or personal for the purposes set forth in this policy, unless the owners express their will not to authorize any of the indicated channels.

j.In no case will Agrícola de María y José sas., transfer or deliver this information to a third party, unless it is necessary for the proper fulfillment of the stated purposes, based on contracts or agreements for the transmission or transfer of data, in cases where necessary, whether within the national territory or abroad.

k.Agrícola de María y José sas., may perform statistical, historical and marketing analyses based on the personal data processed, in which case it may deliver the results to third parties, but in doing so, it will not provide personal information without the authorization of the owners of personal data.

l.Agrícola de María y José sas., may carry out any activity required to fulfill the purposes established in this policy.

DATA VALIDITY.

Agrícola de María y José sas stores personal data in strict compliance with applicable laws, in accordance with the purposes for which such data is collected. Therefore, the data will be stored and retained only for the period appropriate and strictly necessary for the purposes for which it was collected, except if (i) there is a specific legal requirement to store the data for a certain period, (ii) the data must be stored for a longer period to defend any rights and interests in a judicial or administrative procedure, up to one (1) year after the transition to res judicata of the corresponding judgment, or (iii) the right of deletion or revocation of authorization is exercised within the legal limits. It should be noted and except for the exceptions listed above, personal data processed for the aforementioned purposes will be kept for a maximum of twenty (20) years, a period that will be automatically renewed unless there is a request from the owner of the information to proceed with its deletion or revocation of the authorization.

CANDIDATES, EMPLOYEES AND FORMER EMPLOYEES.

The processing of essential personal data of candidates, employees and former employees will be within the legal framework and will be all those necessary for the fulfillment of the obligations of Agrícola de María y José sas., as an employer. The information subject to processing will be used, among others, to:

a.Enter into the employment contract and proceed with the affiliations to the comprehensive and parafiscal social security system, as well as to the severance pay administrator fund.

b.Comply with legal and extralegal labor obligations in the event that they exist, derived from the employment contract.

c.Make reports to administrative, police and judicial authorities, when they require it.

d.Administration of benefits; payroll; recognition of legal obligations, audits; accounting reports; statistical analysis; Interaction with the entities that manage or may manage the general social security system, entities that collect parafiscal taxes, the Ministry of Labor, UGPP, the Health Superintendency, the operator of the Comprehensive Contribution Liquidation Payroll, the Superintendency of Industry and Commerce, the Regional and National Board for Disability Qualification; training and education; access to agreements with third parties; among other processes related to personnel administration.

e.Conduct sociodemographic surveys in order to design activities and strategies that benefit employees.

f.Development of training.

  • 1.Monitor and use the images captured through the video surveillance systems installed in the facilities of Agrícola de María y José sas., in order to control and verify the development and performance of work activities, as well as to carry out administrative and disciplinary investigations when appropriate.
  • 2.The information provided by active employees, including that of their family group and beneficiaries, will remain stored physically, in electronic media or other means available for the term indicated by labor and accounting regulations.
  • 3.The information provided by applicants or candidates to be employees of Agrícola de María y José sas., and which is collected during the selection process, has the purpose of proceeding with the i) verification, comparison, evaluation of the labor and personal skills of the prospects with respect to the Company’s selection criteria; ii) scheduling interviews and application of tests to the applicants; evaluating directly or through third parties the selection tests of the applicants; iii) reporting the general results of the selection process; iv) consulting and evaluating all the information about the applicant for the position that is stored in the legitimately constituted databases of judicial or security records, of a state or private nature, national or foreign.

DATA VALIDITY.

Agrícola de María y José sas processes and stores personal data in strict compliance with applicable laws, in accordance with the purposes for which such data are collected. Therefore, the data will be stored and retained only for the period appropriate and strictly necessary for the purposes for which they were collected, except if (i) there is a specific legal requirement to store the data for a certain period, (ii) the data must be stored for a longer period to defend any rights and interests in a judicial or administrative procedure, up to one (1) year after the transition to res judicata of the corresponding judgment, or (iii) the right of deletion or revocation of authorization is exercised within the legal limits. It should be noted and except for the exceptions listed above:

* Personal data processed for recruitment purposes will be kept for a maximum of one (1) year from the User’s last interaction with the Recruitment Platform or after the completion of the selection and recruitment procedure, after which they will be anonymized. If the Candidate is hired, the data collected as part of the process will be processed for human resources management and stored for the periods applicable to employee data. Access records to the platform will be automatically deleted after one (1) year.

* The information that was provided by former employees of Agrícola de María y José sas during an employment relationship will be kept by the latter in accordance with the applicable regulations on commercial, labor and occupational risk matters and management of safety and health at work and will remain stored physically, in electronic media or other means available, for a maximum of ninety (90) years, with the aim of guaranteeing the social security rights of former employees.

SUPPLIERS.

Our suppliers’ data is collected, recorded, stored, managed, used, transmitted, updated and deleted for the following purposes:

  • 1.To carry out administrative management;
  • 2.Billing management;
  • 3.Financial and accounting management;
  • 4.Internal statistics management;
  • 5.Opinion surveys;
  • 6.Data update campaigns and information on changes in the processing of personal data;
  • 7.To consult, compare and evaluate all information about the supplier that is stored in legitimately established databases of judicial or security records, of a state or private, national or foreign nature, or any commercial or service database that allows for the comprehensive establishment of the supplier’s behavior, including queries on lists for the prevention and control of money laundering and terrorist financing;
  •  

8.Attention to queries for information, complaints and/or claims;

  • 9.Send correspondence, emails, social networks, messages through instant messaging applications, SMS, or telephone contact as an activity specific to the execution and/or fulfillment of the contractual relationship and/or in the development of promotional and marketing activities, unless it is indicated that none of the channels are authorized in accordance with Law 2300 of 2023;
  • 10.Manage the process of archiving, updating the systems, protection and custody of information and databases of Agrícola de María y José sas.
  • 11.Issue certifications related to the commercial relationship between the data owner and Agrícola de María y José sas.
  • 12.Deliver information before inspection, surveillance, control, regulation or internal or external auditors;

Make payments for services provided or products sold by the supplier,

  • 1.Keep it for statistical and historical purposes and/or to comply with legal obligations regarding the conservation of information and documents;
  • 2.Carry out data transmission to any country within the framework of the commercial relationship between the PARTIES.

DATA VALIDITY.

Agrícola de María y José sas processes and stores personal data in strict compliance with applicable laws, in accordance with the purposes for which such data is collected. Therefore, the data will be stored and retained only for the period appropriate and strictly necessary for the purposes for which it was collected, except if (i) there is a specific legal requirement to store the data for a certain period, (ii) the data must be stored for a longer period to defend any rights and interests in a judicial or administrative procedure, up to one (1) year after the transition to res judicata of the corresponding judgment, or (iii) the right of deletion or revocation of authorization is exercised within the legal limits. It should be noted and except for the exceptions listed above, personal data processed for the aforementioned purposes will be kept for a maximum of ten (10) years, a period that will be automatically renewed unless there is a request from the owner of the information to proceed with its deletion or revocation of the authorization.

9.DATA PROCESSING IN VIDEO SURVEILLANCE SYSTEMS.

Agrícola de María y José sas. also has security cameras in its facilities, through which personal images will be recorded every time someone visits said facilities. The Company will inform about the existence of these mechanisms by disseminating video surveillance announcements in visible places. The information collected will be used for the security of people, property and facilities. This information may be used as evidence in any type of process before any type of authority or organization, or within the company’s internal disciplinary processes.

10.PROCESSING OF SENSITIVE DATA AND PERSONAL DATA OF CHILDREN AND ADOLESCENTS.

Agrícola de María y José sas may process data of this type only and exclusively when there is prior and express authorization from its Owner. For the processing of sensitive data, it must:

  • 1.Inform the Owner that because the data is sensitive, he is not obliged to authorize its Processing.
  • 2.Inform the Owner explicitly and in advance, in addition to the general requirements for authorization for the collection of any type of personal data, which of the data that will be processed are sensitive and the purpose of the processing, as well as obtain their express consent.
  • 3.It may not condition any activity on the provision of sensitive personal data unless it is absolutely necessary for the corresponding activity.

In the normal course of its operations, Agrícola de María y José sas does not process the data of minors; however, if it is imperative to do so, it will have the corresponding authorizations issued by their legal representatives or guardians.

DATA VALIDITY.

Agrícola de María y José sas., processes and stores personal data in strict compliance with applicable laws, in accordance with the purposes for which such data are collected. Therefore, the data will be stored and retained only for the period appropriate and strictly necessary for the purposes for which they were collected, except if (i) there is a specific legal requirement to store the data for a certain period, (ii) the data must be stored for a longer period to defend any rights and interests in a judicial or administrative procedure, up to one (1) year after the transition to res judicata of the corresponding judgment, or (iii) the right of deletion or revocation of authorization is exercised within the legal limits. It should be noted and except for the exceptions listed above, personal data processed for the aforementioned purposes will be kept for a maximum of ten (10) years, a period that will be automatically renewed unless there is a request from the owner of the information to proceed with its deletion or revocation of the authorization..

11.TRANSFER AND TRANSMISSION OF PERSONAL INFORMATION.

As a result of these policies and for the sole purpose of implementing the purposes described, your personal data may be disclosed for the purposes stated above to the staff that make up the General Management and other regional Management, as well as to managers, advisors, contractors and other persons and offices, as appropriate.

Agrícola de María y José sas may at any time subcontract third parties for the processing of certain information. When the processing of your personal information is actually subcontracted to third parties or we provide your personal information to third-party service providers, we warn said third parties about the obligation to protect said personal information with appropriate security measures, likewise, we will prohibit them from using your personal information for their own purposes and we will prevent them from disclosing your personal information to others.

Likewise, the Company may transfer or transmit (as appropriate) your personal data to other companies for reasons of security, administrative efficiency and better service, in accordance with the authorizations that have been granted by the Holders of the personal data.

Agrícola de María y José sas has adopted the appropriate measures so that these companies implement in their jurisdiction and in accordance with the laws applicable to them, and for the protection of personal data at least similar to those provided for in this document, and in general, in the Company’s policies on the matter.

12.AUTHORIZATION OF THE OWNER FOR DATA PROCESSING.

Agrícola de María y José sas., as the data controller, has adopted procedures to request your authorization for the processing of these data and to inform you which personal data will be collected, as well as the purpose and processing for which the respective consent is obtained. However, when it comes to personal data that comes from public sources, meaning those data or databases that are available to the general public, it is necessary that these may be processed by Agrícola de María y José sas. without authorization, provided that by their nature they are public data and no additional processing is carried out on the query, otherwise, if they are used for other purposes, authorization will be obtained from the data owner.

Agrícola de María y José sas, within the policies for the processing of personal data, established mechanisms to obtain the authorization of the owners. The authorization granted by the owner to the Company will be deemed to comply with the provisions of the current legislation applicable to this matter, when it is expressed in writing, orally or through conduct that allows us to conclude that the owner granted the Company authorization to process data.

13.PROOF OF AUTHORIZATION.

Agrícola de María y José sas., will use the mechanisms it currently has, and will implement and adopt the actions necessary to maintain records or suitable technical or technological mechanisms for preserving the authorization by the owners of personal data for the processing of these. In order to comply with the above, physical files or electronic repositories may be established, either directly or through third parties contracted for this purpose.

14.OBLIGATIONS OF THE COMPANY

  • 14.Guarantee the Holder, at all times, the full and effective exercise of the right of habeas data.
  • 15.Request and keep a copy of the respective authorization granted by the Holder.
  • 16.Duly inform the Holder about the purpose of the collection and the rights that assist him by virtue of the authorization granted.
  • 17.Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, unauthorized or fraudulent use or access.
  • 18.Guarantee that the information provided to the Data Processor is true, complete, accurate, updated, verifiable and understandable.
  • 19.Update the information, communicating in a timely manner to the Data Processor all the news regarding the data that has been previously provided and adopt the other measures necessary so that the information provided to him remains updated.
  • 20.Rectify information when it is incorrect and communicate the relevant information to the Data Processor.
  • 21.Provide the Data Processor, as the case may be, only with data whose processing has been previously authorized.
  • 22.Demand that the Internal Data Processor respect the security and privacy conditions of the Owner’s information at all times.
  • 23.Process the queries and complaints made.
  • 24.Inform the Internal Data Processor when certain information is being discussed by the Owner, once the complaint has been submitted and the respective process has not been completed.
  • 25.Inform the Owner at their request about the use given to their data.
  • 26.Inform the data protection authority when security code violations occur and there are risks in the management of the Owner’s information.
  • 27.Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
  • DUTIES OF OFFICERS IN CHARGE OF DATA PROCESSING
  • a. Guarantee the Holder, at all times, the full and effective exercise of the right of habeas data.
  • Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, unauthorized or fraudulent use or access.
  • b.Perform timely updating, rectification or deletion of the data.
  • c.Update the information reported by Agrícola de María y José sas within five (5) business days from its receipt.
  • d.Process the queries and complaints made by the Holders.
  • f.Adopt an internal manual of procedures to guarantee the proper compliance with the law and this policy and, especially, for the attention of queries and complaints by the Data Holders.
  • g.Register in the database the legend “claim in process” when the data owner has made a claim to Agrícola de María y José sas.
  • h.Insert in the database the legend “information under judicial discussion” once notified by the competent authority about judicial processes related to the quality of personal data.
  • i.Refrain from circulating information that is being disputed by the Owner and whose blocking has been ordered by the Superintendency of Industry and Commerce.
  • j.Allow access to the information only to people who may have access to it.
  • k.Inform the Superintendency of Industry and Commerce when violations of security codes occur and there are risks in the management of the information of the Owners.
  • l.Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.
  • 16.RIGHTS OF DATA OWNERS

The owner of personal data shall have the following rights:

  • 1.To know, update and rectify his/her personal data in front of the data controllers or data processors. This right may be exercised, among others, in front of partial, inaccurate, incomplete, fractional data, data that lead to error or data whose processing is expressly prohibited or has not been authorized.
  • 2.To request proof of the authorization granted to the data controller, except when it is expressly excepted as a requirement for processing.
  • 3.To be informed by the data controller or data processor, upon request, regarding the use that has been given to his/her personal data.
  • 4.To file complaints with the Superintendence of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and this policy.
  • 5.To access free of charge his/her personal data that has been processed.
  • 6.Revoke the authorization or request the deletion of the data, provided that there is no legal or contractual obligation that prevents its deletion.
  • 7.Refrain from answering questions about sensitive data. Answers regarding sensitive data or data of minors will be optional.
  • 17.HANDLING REQUESTS, QUERIES AND CLAIMS

To submit queries, claims, obtain further information or to consult your personal data, request that they be modified, updated, rectified or deleted or to revoke the authorization given for their processing, you can contact the email address contacto@agricolademariayjose.com

18.PROCEDURE FOR THE EXERCISE OF THE RIGHT TO HABEAS DATA.

In compliance with the regulations on personal data protection, Agrícola de María y José sas, who acts as the person responsible for the databases, establishes this procedure and minimum requirements for the exercise of rights.

To address the request, complaint or claim, the following information must be requested:

* Full name and surname of the owner of the personal data.

* Identification number of the owner of the personal data.

* Contact information of the owner of the personal data.

* Physical address and/or email.

* Contact telephone numbers.

* Reason or facts that gave rise to the claim.

* Express request for the right you wish to exercise (know, update, rectify, request proof of authorization granted, revoke it, delete it, etc.)

* Documents or supports – if applicable.

The CONSULTATION

Will be attended to within a maximum period of ten (10) business days from the date of receipt of the same. When it is not possible to attend to the consultation within said period, the interested party will be informed, stating the reasons for the delay and indicating the date on which the consultation will be attended to, which in no case may exceed five (5) business days following the expiration of the first period. The Owner or his successors who consider that the information contained in a database should be corrected, updated or deleted, or when they notice the alleged non-compliance of any of the duties of the data protection law Law 1581 of 2012, may file a CLAIM with Agrícola de María y José sas or the Data Processor, which will be processed under the following rules:

  • 1.The claim will be made through a request addressed to Agrícola de María y José sas or the Data Processor, with the identification of the Owner, the description of the facts that give rise to the claim, the address, and accompanying the documents that you wish to assert.
  • 2.If the claim is incomplete, the interested party will be required within five (5) days following receipt of the claim to correct the deficiencies. 
  • 3.After two (2) months from the date of the request, if the applicant does not submit the required information, it will be understood that the claim has been withdrawn.
  • 4.In the event that the person receiving the claim is not competent to resolve it, he/she will forward it to the appropriate person within a maximum period of two (2) business days and will inform the interested party of the situation.
  • 5.Once the complete claim has been received, a legend stating the claim is in process and the reason for it will be included in the database within a period of no more than two (2) business days. This legend must be maintained until the claim is decided.
  • 6.The maximum period for addressing the claim will be fifteen (15) business days counted from the day following the date of receipt. When it is not possible to address the claim within said period, the interested party will be informed of the reasons for the delay and the date on which his/her claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first period.
  • 19.REVOCATION AND/OR DELETION OF AUTHORIZATION FOR DATA MANAGEMENT

We inform you that as the Owner of your data, you may at any time request Agrícola de María y José sas, as the Data Controller, to delete your personal data and/or revoke the authorization you have granted us for the Processing of said data, by submitting a claim, in accordance with the provisions of Article 15 of Law 1581 of 2012.

However, it is important that you bear in mind that your request for deletion of information and revocation of authorization will not proceed when, as the Owner of the data, you have a legal or contractual obligation under which it must remain in the database of Agrícola de María y José sas. 

20.COMPLAINTS TO THE SUPERINTENDENCY OF INDUSTRY AND COMMERCE.

The Holder or successor in title may only file a complaint with the Superintendency of Industry and Commerce once he or she has exhausted the consultation or claim process with Agrícola de María y José sas or the Data Processor. 

21.REQUEST FROM JUDICIAL OR ADMINISTRATIVE AUTHORITIES.

For the provision of information to judicial or administrative authorities, the Constitutional Court must comply with the following in judgment C-748 of 2011:

The public or administrative entity must justify its request by indicating the link between the need to obtain the data and the fulfillment of its constitutional or legal functions.

  • Secondly, with the delivery of the information, the public or administrative entity will be informed that it is responsible for complying with the obligations and requirements imposed by Law 1581 of 2012, as the party responsible for data processing, or in certain cases the person in charge.
  • The receiving administrative entity must comply with all legal mandates that exist on the subject on the date of receipt of the information, especially the principles of purpose, legitimate use, restricted circulation, confidentiality and security.. 
  • 23.SECURITY MEASURES.

Agrícola de María y José sas has internal information security mechanisms and access and administration protocols for the databases it manages to prevent the violation of the information stored by third parties. However, Agrícola de María y José sas is exempt from liability for illicit manipulation by third parties, technical or technological failures, which are beyond its control, as well as any situation that is not attributable to it.

In addition to the above, contractual elements were developed, with the aim of strengthening the responsibility of those in charge and in general of whoever has access to the databases, such as:

  • 1.Confidentiality agreement with suppliers and third parties.
  • 2.Confidentiality agreement in employee employment contracts.
  • 3.In all events that are held, in which client information is captured, the Habeas data paragraph is included, with its respective implications.

Agrícola de María y José sas reserves the right to modify, at any time, unilaterally, this “Policy on the Treatment of Information and Personal Data”. The changes made will be published and will not come into effect until after their publication. 

23.CHANGES IN THE PROCESSING POLICY.

Any substantial change in the Processing Policies will be promptly communicated to the Data Subjects through publication on our web portals, notice boards or by email or any other means deemed appropriate. 

24.VALIDITY.

This Policy will enter into force as of JANUARY 2025. The databases in which personal data will be recorded will be kept as long as the contractual relationship with the owner of the information is maintained or when its deletion is requested by the interested party and as long as there is no legal obligation to keep them.