Policies Of Privacy And Protection Of Personal Data

AHEAD HOSTING S.A.S. (hereinafter, AHEAD HOSTING), in compliance with the Statutory Law 1581 of 2012 by which the General Regime of Data Protection in Colombia is established, as well as the best practices at international level in this matter, is responsible for the processing of your personal data. For effects of the Policy of Treatment of Personal Data it will be understood by Holder(s) every person, natural or juridical, that is susceptible of being object of treatment of his personal data on the part of AHEAD HOSTING S.A.S., as well as those persons defined in the first numeral (1º) of the present document.

1. Application of the Personal Data Protection Policy.

This Policy refers and applies with general character to the clients of AHEAD HOSTING S.A.S., commercial partners, affiliated businesses, suppliers, employees, collaborators, contractors and to any person whose Personal Data are or will be treated by the company (who from now on and for effects of the present document are called the Owners) and has as purpose to guarantee the rights of the Owners; to inform the mechanisms and procedures to make effective those rights; questions, complaints and claims, and; to make known the purpose of the Personal Data within the commercial activity.

This Policy shall be applied to the entire territory of the Republic of Colombia by AHEAD HOSTING S.A.S., its employees and, as applicable, by those third parties with whom the company agrees all or part of the performance of any activity related to, or related to the Processing of Personal Data for which the company is responsible.

It shall also apply to third parties, whether natural or legal persons, with whom the company enters into any type of contract, so that the persons are aware of their obligations, purposes and the security and confidentiality schemes to be adopted when they carry out the Processing on behalf of the company.

2. General purpose of the treatment of personal data carried out by AHEAD HOSTING S.A.S.

In compliance with Decree 1377 of 2013, AHEAD HOSTING S.A.S., in the course of its business activities, shall collect, use, manage, store, analyze, anonymize, index, segment, profile, compile, process, transmit, transfer, verify Personal Data, collect and share information with credit bureaus, if necessary, and perform various operations with the Personal Data. In this order, the Personal Data Processed by the company will be subject only to the purposes indicated below or those accepted by the Data Controllers at the time of collection of the Personal Data.

3. Specific purposes of the treatment of Personal Data carried out by AHEAD HOSTING S.A.S.

The persons who have access to the Personal Data by Law, contract or other binding document, will carry out the Treatment for the attainment of the following purposes: (i) Offer loyalty programs for the final consumer, promotions and discounts; (ii) Inform the existence of new products and services, own and third parties; (iii) Follow the behavior of the Holders, cell phones and their consumption preferences; (iv) Make profiles of the Holders users of Platforms owned by the company based on their consumption preferences and their behavior on the Internet and cell phones; (v) Send information on novelties, news and promotions of the Company and third parties; (vi) Send information on CRM programs, own and third parties; (vii) Specify, analyze and optimize existing and future products and services, own and third parties; (viii) Export information on human resources, credit risks and the control and prevention of money laundering; (ix) Build segmented databases; (x) To carry out activities of filing, updating, storage and processing of information, either by itself or through third parties contracted for such purpose; (xi) Carry out activities of filing, updating, storage and processing of information, either by itself or through third parties contracted for such purpose; (xii) Promote and market new and existing products and services, both its own and those of third parties; fulfillment of purposes pursued through commercial alliances; Track, measure and record the spending capacity of the Data Subjects; (xii) Index information and Personal Data based on the behavior of the Data Subjects and their consumption preferences; (xiii) To carry out marketing activities, sending information to physical addresses for advertising, marketing purposes or for the development and execution of contractual obligations that have been previously acquired; (xiv) To carry out statistical analysis of the data collected in order to optimize the performance of the service provided; (xv) To guarantee the effectiveness and security of the transactions carried out in AHEAD HOSTING S. A.S.; (xvi) To personalize the web page and/or applications for cell phones according to the tastes and interests of the end user; (xvii) To comply fully with the services entered into with the clients and users, in accordance with its purposes to provide the services of AHEAD HOSTING S.A.S.; (xviii) To complement the information and, in general, to advance the activities necessary to manage the requests, complaints and claims presented by the users and third parties, and to direct them to the areas responsible for issuing the corresponding answers; (xix) To send information and commercial offers of AHEAD HOSTING S.A.S. services, (xx) To elaborate market studies, statistics, surveys, analysis of market trends, satisfaction surveys on the services rendered; (xxi) For the transmission of personal data to third parties with whom contracts have been entered into with the purpose of performing and complying with the service offered through AHEAD HOSTING S.A.S. for commercial, administrative and/or operative purposes; (xx) For the transmission of personal data to third parties with whom contracts have been entered into with the purpose of performing and complying with the service offered through; (xxii) To manage all the necessary information for the fulfillment of the tax obligations and of commercial, corporate and accounting records; (xxiii) To identify the users when they enter the Web Site; (xxiv) To proceed to the invoicing and collection of the service and, (xxv) To transmit and/or transfer the Personal Data with service companies or outsourcing companies that contribute to improve or to facilitate the operations through AHEAD HOSTING S.A.S. within which are included, means of payment, insurances or any other companies that fulfill the purpose of the present Policy of Privacy. AHEAD HOSTING S.A.S. will see to it that the policies of the third parties have similar standards to those of the present Policy, by means of the signature of agreements, agreements and/or contracts.

The Holder expressly recognizes that the commercial information collected will be used for commercial purposes which includes the sending of commercial and advertising information related to the products and/or services that AHEAD HOSTING S.A.S. offers, which may be exercised through (i) e-mails, (ii) text messages (SMS) and/or (iii) telephone calls (cellular or fixed telephones).

In the exercise of its business purpose, the company may collect and process Sensitive Data, such as, but not limited to: (i) Images, photographs and or voice recording and, (ii) Data that may involve discrimination by its treatment, such as information relating to political, religious or philosophical affiliation.

Likewise, other Sensitive Data related to health, gender and any information whose Processing may involve discrimination of the Data Controllers may be processed. In the latter case, the Data Controllers will be informed so that they may give an independent and free consent on the Processing of such Sensitive Data that are more sensitive.

These data will be treated with the highest security standards. The limited access to the Sensitive Data is included within the privacy security of the same, therefore, only authorized personnel will be able to access such information.

4. Rights as owner of the Information:

The Owner of the information may exercise all and any rights that are enshrined in the law, within which may be found, without being limited to them, the following:

To know, update, rectify, delete and revoke personal data. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or data whose processing is expressly prohibited or has not been authorized.
To request proof of the authorization of Treatment granted.
To be informed about the use that AHEAD HOSTING S.A.S. has given to the personal data.
File before the corresponding control bodies, complaints for violations of the provisions of current regulations and other rules that modify, add or complement them.
Access free of charge to personal data that have been subject to processing.

5. AHEAD HOSTING S.A.S. Data:

Address: Carrera 22 #63-78, Bogotá, D.C. – Colombia
E-mail: aheadhostingcol@gmail.com
Website: www.aheadhosting.com.co

6. Channels through which you can exercise your rights:

The Holder may contact via email to the address aheadhostingcol@gmail.com, Monday through Friday from 9:00 a.m. to 6:00 p.m.

7. Area Responsible for complaints, claims, compliments and suggestions:

The monitoring and control of the attention of these cases, is the responsibility of the Customer Happiness area, through the channels indicated in this Personal Data Protection Policy.

8. Procedures for knowledge, updating, deletion, revocation and rectification:

The holder may request through the contact channels named above, the updating, deletion, revocation and rectification of the information and/or make inquiries or claims related to their information.

AHEAD HOSTING S.A.S. shall validate the identification, analyze, classify and issue the response to the request within the times established by law, and it shall be sent through the means by which the request is received or by the means that the holder specifies in its communication. The suppression of personal data and/or revocation of authorization for the treatment of the information shall not proceed when the holder has a legal or contractual duty to remain in AHEAD HOSTING S.A.S. databases.

The above mentioned requests will be processed as long as they fulfill the following requirements:

The request must be addressed to AHEAD HOSTING S.A.S.

It will have to have the identification of the holder, his assignee, representative or representative, as the case may be.

It shall contain the description of the facts that give rise to the request.

Contact information for notification of the response.

Contact information for notification of the response.

Documents and facts supporting your request.

In the event that the request is incomplete as to its requirements, the applicant shall be requested to correct the omissions within two (2) days following receipt of the request. After two (2) months have elapsed from the date on which the applicant was requested to correct the request without obtaining the required information, it shall be understood that the claim has been withdrawn.

The maximum term to respond to the request will be fifteen (15) working days from the day following the date of its receipt.

If it is not possible to respond to a request due to its complexity, the applicant will be informed of the reason why it is not possible to respond within the term set by the regulations in force. When notified of the impossibility of responding within the term initially indicated, the applicant shall be informed of the date on which the request will be answered, which in no case may exceed eight (8) working days following the expiration of the first term.

9. General policies of AHEAD HOSTING S.A.S. in front of the Treatment of personal data:

The following shall be the general policies of AHEAD HOSTING S.A.S. in relation to the treatment of the personal data of clients, users, suppliers, contractors, contractors and workers:

1. AHEAD HOSTING S.A.S. shall comply with the treatment of the personal data of the owners within the parameters established by the Constitution and the regulations in force.
2. Obtain in accordance with the provisions of current regulations the express authorization of the owners in physical, electronic and / or telephone media that allows subsequent consultation in order to verify unequivocally that without the consent of the owner the data would never have been captured and stored in electronic or physical media. Likewise, it may be obtained by means of clear and unequivocal conduct of the Data Subject that allows to conclude in a reasonable manner that he/she gave his/her consent for the handling of his/her personal data.
3. Obtain, in accordance with the provisions of current regulations, the express authorization of the owners in physical, electronic and/or telephonic means that allow subsequent consultation in order to verify unequivocally that without the consent of the owner the data would never have been captured and stored in electronic or physical media. Likewise, it may be obtained by means of clear and unequivocal conduct of the Holder that allows concluding in a reasonable manner that he/she gave his/her consent for the handling of his/her personal data.
4. The personal data shall only be processed by those collaborators who require it according to the activities of their position or by the Responsible or Responsible Persons; the latter shall be provided with the information required for the fulfillment of the contractual obligations.
5. The collaborators will have to guarantee the reserve of the information during the period of entailment with AHEAD HOSTING S.A.S. or the validity of the contract, when applicable, and after the termination of the same or disengagement.
6. To carry out the processing of personal data in accordance with the purposes authorized by the owners.
7. Not to disclose personal data on the Internet or other mass media, unless it is public information or information required by current regulations.
8. The personal data information of the owners will be safeguarded in accordance with the information security and retention policies of the organization.
9. Adopt other necessary measures to keep the information updated.
10. Correct the information when it is incorrect and communicate the pertinent to any authorized third party.
11. To process the queries and claims made by the Holders in the terms set forth in the current regulations.
12. At the request of the holder and when it has no legal or contractual duty to remain in the databases, the holder’s information shall be deleted.
13. To keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
14. AHEAD HOSTING S.A.S. will apply the suitable security measures for the treatment of information classified as sensitive in which it is contemplated among others, the personal data of the children (boys, girls and adolescents) of the collaborators.
15. To promote the strengthening of a corporate culture that advocates and safeguards the rights of data owners through training sessions.
16. Guarantee the Holder, at all times, the full and effective exercise of the right of habeas data.
17. Duly inform the Data Subject about the purpose of the collection and the rights he/she is entitled to by virtue of the authorization granted.
18. To guarantee that the information provided to any authorized third party, within the parameters established in the regulations in force, is truthful, complete, exact, updated, verifiable and understandable.
19. AHEAD HOSTING S.A.S. will be able to exchange information of personal data with public entities when they request it in exercise of their functions, for subjects related to plans, programs and projects in development of the public policy.
20. The established policies may be modified at any time. The modifications will comply with the legal regulations in force, as well as with the best international practices in this matter, and will be effective from the moment of their publication in the media available for the knowledge of the owners.
21. The transfer of personal data information to countries that do not provide adequate levels of data protection will be carried out under the conditions established in the current regulations.
22. Develop the activities required to comply with the obligations related to the Registration of the Database, when applicable.

10. General policies related to the Databases of AHEAD HOSTING S.A.S.

Under the terms of Article 2.2.2.2.26.1.3 of the Sole Regulatory Decree 1074 of 2015, AHEAD HOSTING S.A.S. In its capacity as a private law legal entity that acts as data controller and personal information, must register the databases containing such information in the National Database Registry, independently. The foregoing, in accordance with the terms and conditions of registration provided in Section 3 of Chapter 26 of the Sole Regulatory Decree 1074 of 2015, whose Article 2.2.2.2.26.3.2 provides that it shall be the Superintendence of Industry and Commerce who shall establish the procedure for the registration of databases in the National Database Registry to be complied with by the data controllers, after validation of their identity, in accordance with the regulations issued by the aforementioned entity.

Subject to the provisions of article 2.2.2.2.26.1.4 of the Sole Regulatory Decree 1074 of 2015, citizens may consult in the National Registry of Databases – RNBD – the minimum information provided in article 2.2.2.2.26.1 of said decree, “in order to facilitate the exercise of their rights to know, update, rectify, delete the data and/or revoke the authorization.”.

In accordance with the provisions of Article 2.2.2.2.26.2.1 of the Sole Regulatory Decree 1074 of 2015, the minimum information that the National Database Registry – RNBD – must contain is the following:

Identification, location and contact data of the person responsible for the processing of the database, in this case, AHEAD HOSTING S.A.S., including its name or corporate name and its tax identification number (NIT) for being a legal entity (article 2.2.2.2.26.2.2.2 of the Sole Regulatory Decree 1074 of 2015).
Identification, location and contact details of the data controller(s) of the database, in this case, AHEAD HOSTING S.A.S., in its capacity as controller of the processing of personal data and information, including its name or company name and its tax identification number (NIT) for being a legal entity (article 2.2.2.2.26.2.2.3 of the Sole Regulatory Decree 1074 of 2015).
Channels for the holders to exercise their rights, that is, those identified in Chapters VI and VII of this Personal Data Protection Policy.
Form of processing of the database, i.e., whether the processing activities are carried out manually or automatically.
This Personal Data Protection Policy.

In parallel, the last paragraph of Article 2.2.2.2.26.2. 1 of the Sole Regulatory Decree 1074 of 2015 states that “[t]he Superintendency of Industry and Commerce, as personal data protection authority, may establish within the National Registry of Databases additional information to the minimum provided for in this article, in use of the powers attributed to it by Law 1581 of 2012 in paragraph h) of Article 21”, a power it made use of through External Circular No, 002 of November 3, 2015, including in numeral 2. 1.of said chapter, as additional minimum information to be provided in the National Database Registry – RNBD – the following:

Information stored in the database.
Origin of the personal data.
International transfer of personal data.
International transmission of personal data.
Assignment or national transfer of database.
Reporting of new developments, differentiating between claims filed by the owners* and security incidents*, which must be reported within the terms and opportunities established for this purpose in items (i) and (ii) of paragraph (g) of article 2.1 above.

The scope of the additional information set forth above shall be that expressly described in Article 2.1 of Chapter Two of Title V of the Sole Circular of the Superintendence of Industry and Commerce, as added by External Circular No 002 of November 3, 2015.

AHEAD HOSTING S.A.S. shall proceed to register its databases in the National Registry of Databases, subject to the provisions of Article 2.2.2.2.26.3.1 of the Sole Regulatory Decree 1074 of 2015 and other binding rules.

The registration of the company’s databases shall be carried out in accordance with the instructions contained in the “User’s Manual of the National Database Registry -RNBD-“, published on the website of the Superintendence of Industry and Commerce.

Pursuant to the provisions of Article 2.3 of Chapter Two of Title V of the Sole Circular of the Superintendence of Industry and Commerce, added by External Circular No 002 of November 3, 2015, AHEAD HOSTING S.A.S. shall update the information contained in the RNBD.

11. Modifications:

AHEAD HOSTING S.A.S. reserves the right to modify this policy at any time and without prior notice. Any modification shall come into effect and shall have effects against the related third parties from the moment of its publication in the corresponding channel.

12. Validity:

This data policy becomes effective as of May 05, 2022.

The Personal Data that are stored, used or transmitted will remain in the database of AHEAD HOSTING S.A.S., during the time that is necessary for the purposes mentioned in this Policy, for which they were collected. Thus, the validity of the database is closely related to the purposes for which the personal data were collected. In this sense, the temporality or validity is subject to the purposes of the processing stated herein.