Article 1. Applicable Regulations: This document is based on Articles 15 and 20 of the Constitution, Law 1581 of 2012 (“Introducing general provisions for the protection of personal data are issued") and Decree 1377 2013 (“Whereby 1581 2012 Law is partially regulated").
Article 2. Scope: This Document:
a) It is applicable to personal data that are registered and / or recorded in the databases of LINDE COLOMBIA SA, and,
b) Regulates the procedures for collection, handling and processing of personal data collected by Linde Colombia SA, related to workers, suppliers and customers.
Article 3. Definitions: For proper compliance with the parameters set by this Manual, and in accordance with Article 3 of Law 1581 of 2013, and Section 3 Regulatory Decree 1377 of 2013, will have the following definitions:
a) Personal Data: any information that can be linked or associated with one or more specific or identifiable natural persons who are registered in a database that makes them susceptible to treatment. Certain personal data are part of the so-called "public data", among which are those included in the registry. Linde Colombia SA, in order to comply with its legal and contractual obligations, requires numerous treatment of personal data, among them those of its workers, suppliers and customers, to which the provisions of the 1581 Act of 2012 will be applicable and its Regulatory Decree 1377 of 2013, and therefore this policy.
b) Database: organized set of personal data that is processed set. Linde Colombia SA has databases to which the provisions of the 1581 Act 2012 and its Regulatory Decree 1377 of 2013 are applicable.
c) Title: Natural person whose personal data are processed as well as legal persons when data of individuals that comprise it become involved.
d) Treatment: Any operation on personal, such as collection storage, use, circulation or deleting data.
e) Treatment Responsible: natural or legal, public or private person who decides on the basis of data and the processing thereof.
f) Data Processor: natural or legal, public and private Person performing data processing on behalf of the Principal.
g) Authorization: prior, express and informed the Contractor to carry out the processing of personal data Consent.
h) Notice of Privacy: verbal or written communication generated by the charge, to the holder for the Treatment of personal data by which you are informed about the existence of political information processing that apply, how to access them and objectives of the treatment that is intended to give personal data.
Article 5. Principles: The processing of personal data by Linde Colombia SA It shall be governed by the principles established by Law 1581 of 2013, which are:
a) Purpose: The processing of personal data collected by Linde Colombia SA It shall be directed to a specific purpose, which will be communicated to the holder.
b) Freedom: The processing of personal data must be preceded by a prior, express and informed by the Contractor, not possible to obtain or disclose them without prior authorization, or in the absence of legal or court order relieving the prior authorization of headline.
c) Access and Restricted Circulation: Personal data, except for the above those that are public, not available on the Internet or other mass media, except for those events in which it is technically controllable to provide a restricted knowledge to their holders and authorized third parties.
d) Safety: Linde Colombia SA adopt (n) the technical, human and administrative measures to ensure the security of data processed, namely to prevent adulteration, loss, consultation, use, or unauthorized or fraudulent access.
e) Notice: All persons involved in the processing of personal data are obliged to ensure the confidentiality of information.
CHAPTER II - AUTHORIZATION
Article 6. Authorization: The processing of personal data by Linde Colombia SA, requires free, prior, express and informed the owner.
Article 7. Form and Mechanisms for Granting Authorization: The authorization may comprise any mechanism to ensure future reference, the authorization may comprise: i) in writing; ii) orally; or iii) by means of clear conduct of the holder; means also allow reasonably conclude that the authorization was granted; in any case in any case silence it can be likened to an unequivocal conduct.
Article 8. Proof of Authorization: Linde Colombia SA maintain records and mechanisms necessary to demonstrate when and how the authorization was obtained by holders of personal data for the treatment thereof.
CHAPTER III - RIGHTS AND DUTIES
Article 9. In accordance with the provisions of Article 8 of Law 1581 of 2012 the holder of personal data has the right:
a) To know, update and rectify your personal data against data controllers or processors. This right may be exercised, including against partial, inaccurate, incomplete, split data, misleading, or whose treatment is prohibited or not authorized;
b) Request proof of authorization granted to the data, unless expressly excepted as a requirement for treatment in accordance with the provisions of Article 10 of Act 1581 of 2012;
c) Be informed by the controller or the processor, upon request, regarding the use given to their personal data;
d) To submit to the Superintendence of Industry and Commerce complaints for violations of the provisions of this Act and other regulations that modify, add or supplement;
e) Revoke the authorization and / or request the deletion of data when the treatment not the principles, rights and constitutional and legal guarantees are respected. The revocation and / or suppression apply when the Superintendence of Industry and Commerce has determined that the treatment the person responsible has incurred conduct contrary to relevant law and the Constitution;
f) Access free of charge to your personal data that have undergone treatment.
Article 10. Duties of Linde Colombia S.A.: In accordance with the provisions of Article 17 of Law 1581 of 2012, Linde Colombia SA It is obliged to comply with the following duties:
a) Ensure the Holder, at all times the full and effective exercise of the right of habeas data;
b) Order and maintain, as provided in this Act, a copy of their authorization granted by the Contractor;
c) Duly inform the Contractor about the purpose of the collection and the rights given by virtue of the authorization granted;
d) Keep the information under security conditions necessary to prevent tampering, loss, see, use or unauthorized or fraudulent access;
e) Ensure that the information that is provided on the processor is truthful, complete, accurate, current, verifiable and understandable;
f) Update information, communicating in a timely way the processor, all the news in the data previously supplied him and take other necessary steps to ensure that the information provided this is kept up to date;
g) Rectify incorrect information when relevant and communicate what the processor;
h) Supplying the processor, as appropriate, only data processed is previously authorized in accordance with the provisions of the law;
i) Require the processor at all times, respect the security and privacy of cardholder information;
j) Deal with inquiries and complaints made under the terms stated in the Law;
k) Adopt the internal manual of policies and procedures to ensure proper compliance with the Act and in particular to the attention of inquiries and complaints;
l) Inform the processor when certain information is being discussed by the Contractor, once it lodged the complaint and has not completed the necessary formalities;
m) Inform Contractor's application on the given data use;
n) Inform the data protection authority when violations of safety codes are presented and there are risks in information management Holders.
o) Comply with the instructions and requirements be provided by the Superintendence of Industry and Commerce.
CHAPTER IV - ACCESS PROCEDURE, CONSULTATION AND CLAIM
Article 11. Right of Access: The holder can access your personal information processed by Linde Colombia SA, as well as general conditions and that it is acting.
In compliance with the above, the holder may:
• Know the actual existence of treatment to undergo personal data.
• Access to personal data held responsible.
• Identify the purpose that justifies treatment.
The holder will have access to personal data processed by Linde Colombia SA, with proof of their identity, for free, at least once a month in accordance with the provisions of Article 21 of Decree 1377 of 2013.
Article 12. Consultation: The owner or his successors, may consult the personal information kept in databases Linde Colombia SA, upon request thereof, which will be answered within a period of ten (10) working days from the date of receipt. In the event it is not possible to meet the request within this term, it will inform the person concerned within the same period, stating the reasons leading to the impossibility, as the date will reply, which shall not exceed five (5) days after the expiration of the first term working days.
Article 13. Claims: The Contractor or his successors to consider the information contained in a database should be subject to correction, updating or deletion, or when to warn the alleged breach of any of the obligations contained in the relevant law, may present a complaint with Linde Colombia SA, which will be processed under the following rules:
a) The claim shall be made by writing to Linde Colombia SA, with the identification of the Holder, the description of the facts giving rise to the claim, management, and accompanying documents you want to enforce. If the claim is incomplete, it will require the person concerned within five (5) days following the receipt of the complaint to remedy failures days. After two (2) months from the date of application, without the applicant submits the required information shall be deemed to have waived the claim. If the recipient of the claim has no jurisdiction to resolve it, will transfer the person concerned within a maximum period of two (2) business days and report the situation to the person concerned.
b) Upon receipt of the completed claim be included in the database is a legend that says "claim pending" and the reason for it, within a period not exceeding two (2) business days. The legend should be maintained until the claim is decided.
c) The maximum term to meet the claim will be fifteen (15) business days from the day following the date of its receipt. When it is not possible to meet the demand within that period, it shall inform the data subject of the reasons for the delay and the date on which your claim will be met, which in no case exceed eight (8) working days after the end of the first finished.
Article 14: Procedure for Making Complaints: The owner or his representative may apply to Linde Colombia SA rectification, update, or delete their personal data, subject to proof of their identity.
When the request is made by someone other than the holder and not be proved that it acts on behalf of the former, shall be deemed not filed.
The request for correction, updating or deletion must be submitted through the means provided by Linde Colombia SA and contain at least the following:
a) Name and the holder or any other means to receive a reply address.
b) Documents proving identity or personality of its representative.
c) Clear and accurate personal data giving rise to the claim description.
Paragraph 1. Correction and Update: When claims are intended correction or update, the holder must indicate the corrections to be made and take the documentation to support your request.
Paragraph 2. Delete: Deleting personal data is done by full or partial removal of personal information as requested by the holder, however Linde Colombia SA It may refuse to it when the owner has a legal or contractual duty to remain in the database.
Article 15. Revocation of Authorization: Holders personal data may revoke the authorization at any time, except to the foregoing those events in which it prevents a legal or contractual provision.
In any case, the holder shall state in his application whether it is a full or partial revocation, the latter when you only want removed any of the purposes for which the treatment stage in which the holder must indicate the purpose is authorized deleted.
CHAPTER V - INFORMATION SECURITY
Article 16. Security Measures: Linde Colombia SA adopt the technical, human and administrative measures to ensure the security of personal data processed, thus avoiding adulteration, loss, consultation, use, or unauthorized or fraudulent access.
CHAPTER VI - FINAL PROVISIONS
Article 17: Linde Colombia SA appoints the Management of Human Resources, Purchasing, Systems (IS), Legal and units responsible for the protection of personal data on employees, suppliers and customers, the processing of applications holders and warranty exercise of the rights thereof, respectively.
Also, LINDE COLOMBIA SA have a means of direct communication via e email@example.com, through which the data subjects may communicate with the Company, to submit their applications and requirements, and get the answers.
Article 18. Duration: The Company Linde Colombia SA adopts this Manual of Policies and Procedures for the Protection of Personal Data, from 1 October 2013, a document that may be consulted by interested parties through the website www.linde.co.
Bogotá DC, 1 October 2013