For Extituto de Política Abierta, the protection, integrity, and confidentiality of the personal data of the participants of the project DemoReset is very important to the That is why we have designed this policy for the storage and processing of data entered on the DemoReset platform and we are committed to the protection and proper handling of such data, in accordance with the legal regime for the protection of personal data applicable in Colombia.
CHAPTER I – GENERAL PROVISIONS
ARTICLE 1. DEFINITIONS. For the purposes of the application of the provisions contained in this policy, in accordance with the provisions of Article 3 of Law 1581 of 2012 and Article 3 of Decree 1377 of 2013, the following definitions shall apply:
- Authorization: Prior, express, and informed consent of the holder to carry out the processing of personal data.
- Privacy Notice: Verbal or written communication generated by the Controller, addressed to the Data Holder for the Processing of his personal data, by means of which he is informed about the existence of the policies of the information processing policies that will be applicable, the way to access them and the purposes for which the personal data is to be processed.
- DataBase: Organized set of personal data that is subject to Processing.
- Personal data: Any information linked or that can be associated to one or more determined or determinable natural persons.
- Sensitive personal data: Information that affects the privacy of the person or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, trade union membership, social organizations, human rights organizations, or those that promote the interests of any political party or that or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sex life and biometric data (fingerprints, among others). For the purposes of this policy, Extituto de Política Abierta warns of the optional nature of the holder of the personal data to provide this in the cases in which it may be requested.
- Public data: Data that is not semi-private, private, or sensitive. Public data are considered, among others, data related to the marital status of individuals, their profession or trade, and their status as merchants or public servants. By their nature, public data may be contained, among others, in public records, public documents, official gazettes and bulletins, and duly executed judicial sentences that are not subject to confidentiality.
- Authorized: They will be the persons within Extituto de Política Abierta, who by virtue of the authorization and the authorization and the Policy have the legitimacy to submit the personal data of the holder to the personal data of the holder. The Authorized includes the gender of the Entitled.
- Enablement or being Enabled: It is the legitimization that expressly and by means of a confidentiality contract, granted by the Open Policy Institute to third parties, in compliance with the applicable law, for the processing of personal data, making such third parties in charge of the processing of personal data provided or made available.
- Claim: Request of the data owner or the persons authorized by him/her or by law to correct, update or delete their personal data or when they notice that there is an alleged breach of the data protection regime, according to Article 15 of Law 1581 of 2012.
- Data Controller: Natural or legal person, public or private, that by itself or in association with others, decides on the database and/or the processing of the data. Extituto de Política Abierta is responsible for the management of the database of the DemoReset platform.
- Data Subject: Natural person whose personal data is the object of processing.
- Processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation, or deletion.
- Transfer: The transfer of data takes place when the Data Controller and/or Data Processor, located in Colombia, sends the Controller and/or Processor of personal data, located in Colombia, sends the information or personal information or personal data to a recipient, which in turn is a Data Controller and is located inside or outside the country. Processing and is located inside or outside the country.
- Transmission: Processing of personal data that involves the communication of such data within or outside the territory of the Republic of Colombia when its purpose is the performance of a Processing by the Processor on behalf of the Controller.
- DemoReset: DemoReset is a Global South Deliberation Lab, which seeks to consolidate the current wave of deliberative democracy around the world.
The data collected will be used to make possible the execution of the laboratory.
ARTICLE 2. PURPOSE. The purpose of this document is to regulate the procedures for the collection, handling, and processing of personal data to be collected in the context of the use of the DemoReset website. collected in the context of the use of the DemoReset website.
ARTICLE 3. SCOPE OF APPLICATION. This manual shall be applicable to the personal data registered on the DemoReset platform.
ARTICLE 5. PURPOSES OF THE PROCESSING OF PERSONAL DATA.
The information collected will be used in the framework of the “DemoReset” project, which seeks to consolidate the current wave of deliberative democracy around the world through a Global South Deliberation Lab.
By accepting DemoReset’s Privacy and Personal Data Processing Policy, the owners authorize the processing of the data. In turn, DemoReset undertakes to guarantee the anonymity of the data in the information produced from the treatment, with the aim of protecting the owners.
ARTICLE 6. AUTHORIZATION.
The collection, storage, use, circulation, or deletion of personal data by Extituto de Política Abierta require the free, prior, express and informed consent of the owner of such data on the web platform Occupy the Policy.
Extituto de Política Abierta, as the party responsible for the processing of personal data, has put in place the necessary mechanisms to obtain the authorization of the owners, ensuring in any case that it is possible to verify the granting of such authorization. With the aforementioned authorization, the owner accepts the policies and conditions set forth herein.
ARTICLE 7. FORM AND MECHANISMS FOR GRANTING THE AUTHORIZATION.
The authorization of the owner of the information shall be stated in each of the data collection channels and mechanisms of Occupy the Policy.
Thus, it may be recorded in a physical or electronic document, or in any other format that allows guaranteeing its subsequent consultation. The authorization will be issued by the holder prior to the processing of personal data, in accordance with the provisions of Law 1581 of 2102. With the consented authorization procedure, it is guaranteed that the holder of the personal data has been made aware of the fact that his personal information will be collected and used for specific and known purposes, as well as that he has the option to know any alteration to them and the specific use that has been made of them. The above in order for the holder to make informed decisions regarding their personal data and control the use of their personal information.
CHAPTER III RIGHTS AND DUTIES
ARTICLE 8. RIGHTS OF THE OWNERS OF THE INFORMATION.
In accordance with the provisions of article 8 of Law 1581 of 2012, the holder of the personal data has the following rights.
a) To know, update and rectify their personal data before the EXTITUTO DE POLÍTICA ABIERTA, in their capacity as data controllers.
b) To request proof of the authorization granted to the EXTITUTO DE POLÍTICA ABIERTA, in their capacity as Data Controllers.
c) Be informed by the EXTITUTO DE POLÍTICA ABIERTA upon request, regarding the use given to their personal data.
d) File complaints before the Superintendence of Industry and Commerce for violations of the provisions of Law 1581 of 2012, once the consultation or complaint process has been exhausted before the Data Controller.
e) Revoke the authorization and/or request the deletion of the data when the Processing does not respect the principles, rights, and constitutional and legal guarantees.
f) Access free of charge to their personal data that have been subject to Processing.
ARTICLE 9. DUTIES IN RELATION TO THE PROCESSING OF PERSONAL DATA.
EXTITUTO DE POLÍTICA ABIERTA will keep in mind, at all times, that personal data are the property of the persons to whom they refer and that only they can decide about them. In this sense, they will make use of them only for those purposes for which they are duly empowered, and respecting in any case Law 1581 of 2012 on personal data protection.
In accordance with the provisions of Article 17 of Law 1581 of 2012, EXTITUTO DE POLÍTICA ABIERTA undertakes to comply on an ongoing basis with the following duties:
(a) Guarantee to the Data Subject, at all times, the full and effective exercise of the right of habeas data.
b) To keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
c) Update, rectify or delete the data in a timely manner, that is, within the terms set forth in Articles 14 and 15 of Law 1581 of 2012.
d) To process the queries and claims made by the Data Holders under the terms set forth in Article 14 of Law 1581 of 2012.
e) Insert in the database the legend “information under judicial discussion” once notified by the competent authority on judicial proceedings related to the quality or details of the personal data.
f) Refrain from circulating information that is being disputed by the Data Subject and whose blocking has been ordered by the Superintendence of Industry and Commerce.
g) Allow access to the information only to those persons who may have access to it.
h) Inform the Superintendence of Industry and Commerce when there are violations to the security codes and there are risks in the administration of the information of the Holders.
i) Complying with the instructions and requirements given by the Superintendence of Industry and Commerce.
j) Following the ethical recommendations on privacy and security of the principles for digital development, Occupy the Policy will avoid the disclosure in the results shared to the public, of content that may represent false news, misinformation, sexual content, or hate speech. It may make general reference to the fact that such content was received, but without propagating it.
CHAPTER IV ACCESS, CONSULTATION, AND COMPLAINT PROCEDURES
ARTICLE 10. RIGHT OF ACCESS.
The power of disposition or decision that the holder has over the information that concerns him/her, necessarily entails the right to access and know if his/her personal information is being processed, as well as the scope, conditions and generalities of such processing.
The following information must be included in the request:
– Names and surnames.
– Type of document.
– Document number.
– Telephone number.
– E-mail address.
ARTICLE 11. RESPONSE TO QUERIES. In any case, regardless of the mechanism implemented for the attention of consultation requests, such requests shall be answered within a maximum term of ten (10) working days from the date of receipt. When it is not possible to answer the consultation within such term, the interested party shall be informed before the expiration of the 10 days, stating the reasons for the delay and indicating the date on which the consultation will be answered, which in no case may exceed five (5) business days following the expiration of the first term.
ARTICLE 12. CLAIMS. Pursuant to the provisions of Article 14 of Law 1581 of 2012, the Data Subject or his/her assignees who consider that the information contained in a database should be corrected, updated, or deleted, or when they notice the alleged breach of any of the duties contained in Law 1581 of 2012, may file a claim with the Data Controller, which shall be processed under the following rules:
- The claim may be submitted by the Data Subject through the email address provided by the EXTITUTO DE POLÍTICA ABIERTA. If the claim received does not have complete information that allows it to be processed, that is, with the identification of the Holder, the description of the facts that give rise to the claim, the address, and accompanying documents to be asserted, the interested party will be required within five (5) days of receipt to correct the faults. If two (2) months have elapsed from the date of the request without the applicant submitting the required information, it will be understood that the claim has been withdrawn. If for any reason the Corporation receives a claim that in fact should not be directed against it, it will transfer it to the appropriate person within a maximum term of four (4) working days and inform the interested party of the situation.
- The maximum term to address the claim shall be fifteen (15) business days from the day following the date of receipt. When it is not possible to address it within such term, the interested party shall be informed before the expiration of such term of the reasons for the delay and the date on which the claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first term.
ARTICLE 13: QUESTIONS OR SUGGESTIONS
If you have any questions or queries about the process of collection, processing, or transfer of your personal information, or consider that the information contained in our database should be subject to correction, updating or deletion please send us a message to the following email account: firstname.lastname@example.org.
For further information on Occupy Policy and contact forms, you can consult the following address www.ocuparlapolitica.com. This website has with it the applicable terms and conditions, which can be consulted for more information.