KYM RC MODELS PRIVACY POLICY

  1. OBJECTIVE

    To implement the necessary processes and procedures to comply with Law 1581 of 2012 and regulate all aspects related to the processing of personal data and the authorization granted by the data subjects.

  1. SCOPE

    This document establishes the Personal Data Processing Policy of KYM MANUFACTURAS SAS, which markets its products through the website: www.kymrcmodels.com, in compliance with the provisions of Law 1581 of 2012 and Decree 1377 of 2013. It describes the mechanisms through which KYM MANUFACTURAS SAS ensures the proper handling of personal data collected in its customer database, allowing data subjects to exercise their right of Habeas Data.

  1. DEFINITIONS

    For the purposes of implementing this policy and in accordance with the applicable legal regulations, the following definitions shall apply. These terms will ensure a correct interpretation of Law 1581 of 2012 and this document:

  • DEFINITIONS

    Authorization:
    Prior, express, and informed consent of the Data Subject for the Processing of personal data.

    Privacy Notice:
    A physical, electronic, or any other format document generated by the Controller, made available to the Data Subject for the processing of their personal data. The Privacy Notice informs the Data Subject about the existence of the data processing policies applicable to them, how to access them, and the purpose of the intended processing of personal data.

    Database:
    Any organized set of personal data that is subject to processing, whether linked or linkable to one or more identified or identifiable natural persons.

    Personal Data:
    Any information that is linked or can be associated with one or more identified or identifiable natural persons.

    Public Data:
    Data classified as public according to legal or constitutional provisions, and which is not semi-private, private, or sensitive. Public data includes, among others, information related to a person’s civil status, profession or occupation, status as a merchant or public servant, and any information that can be obtained without restriction. By their nature, public data may be found in public records, official documents, gazettes, and bulletins.

    Private Data:
    Data that, due to its intimate or reserved nature, is only relevant to the Data Subject.

    Sensitive Data:
    Sensitive data is understood as any information that affects the privacy of the Data Subject or that, if misused, could lead to discrimination. This includes data that reveals racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in trade unions, social or human rights organizations, political parties, or that promotes or guarantees rights of opposition political parties, as well as data relating to health, sex life, and biometric data.

    Data Processor:
    A natural or legal person, public or private, who, by themselves or in association with others, processes personal data on behalf of the Data Controller.

    Data Controller:
    A natural or legal person, public or private, who, by themselves or in association with others, determines the purposes and means of processing personal data.

    Data Protection Officer:
    The person responsible for monitoring and ensuring compliance with the Personal Data Protection Policy.

    Data Subject:
    The natural person whose personal data is being processed.

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

    Transfer:
    The transfer of data occurs when the controller and/or processor located in Colombia sends personal data to a recipient who is also a controller and is located within or outside the country.

    Transmission:
    The processing of personal data that involves the communication of such data within or outside the territory of the Republic of Colombia, for processing by a processor on behalf of the controller.

  1. PRINCIPLES

    KYM MANUFACTURAS SAS structures its Data Protection Policy based on the following principles and shall be governed by the provisions of Article 4 of Law 1581 of 2012, as well as any other regulations that develop, supplement, or amend it.

    Principle of Legality:
    The Processing of personal data is a regulated activity that must comply with the provisions of the law and all applicable regulations.

    Principle of Confidentiality:
    All persons involved in the Processing of personal data that is not of a public nature are obligated to maintain the confidentiality of the information, even after their relationship with any of the activities involving the Processing has ended. Personal data may only be disclosed or communicated when it corresponds to the development of authorized activities under the law and within its terms.

    Principle of Purpose:
    Processing must adhere to a legitimate purpose in accordance with the Constitution and the Law, and this purpose must be informed to the Data Subject.

    Principle of Freedom:
    Processing may only be carried out with the prior, express, and informed consent of the Data Subject. Personal data may not be obtained or disclosed without prior authorization, unless a legal or judicial mandate waives the need for such consent.

    Principle of Transparency:
    The Data Subject’s right to obtain information at any time and without restrictions from the Data Controller or Data Processor regarding the existence of personal data concerning them must be guaranteed during Processing.

    Principle of Veracity or Quality:
    Information subject to Processing must be truthful, complete, accurate, up-to-date, verifiable, and understandable. The Processing of partial, incomplete, misleading, or error-inducing data is prohibited.

    Principle of Security:
    Information subject to Processing by the Data Controller or Data Processor must be handled with the necessary technical, human, and administrative measures to ensure the security of records and prevent their tampering, loss, unauthorized consultation, use, or fraudulent access.

    Principle of Restricted Access and Circulation:
    Processing is subject to the limits derived from the nature of the personal data and from the legal and constitutional provisions. Accordingly, Processing may only be carried out by individuals authorized by the Data Subject and/or those provided for by law. Except for public information, personal data may not be available on the Internet or other mass communication or dissemination platforms unless access is technically controlled to ensure restricted access solely to Data Subjects or authorized third parties in accordance with the law.

  1. DATABASE CONTENT

    In the CLIENTS database of KYM MANUFACTURAS SAS / KYMRCMODELS, general information is stored such as full name, type and number of personal identification. Additionally, for clients who subscribe to receive news and offers, information such as gender, email address, physical address, landline and/or mobile phone number is collected.

    In addition to the above, and only for corporate clients, data collection is carried out through a due diligence form, in accordance with the provisions and instructions of Circular 100-000005 of 2014 issued by the Superintendence of Companies of Colombia, and international standards for the prevention of money laundering and terrorism financing. In accordance with this and as set forth in section b) of Article 2 “Scope of Application” of Law 1581 of 2012, the provisions aimed at protecting personal data, as contained in said law, do not apply to databases and files intended for the prevention, detection, monitoring, and control of money laundering and terrorism financing. Therefore, in principle, their use does not require prior authorization from the data subject. However, the additional personal data collected through this form will be processed in accordance with the instructions established by Law 1581 of 2012 and other complementary regulations.

    Sensitive information that is part of the CLIENTS database of KYM MANUFACTURAS SAS / KYMRCMODELS is stored with the prior authorization of the data subject, in compliance with the provisions of Articles 5, 6, and 7 of Law 1581 of 2012.

  1. PROCESSING OF THE DATABASE

    The information contained in the CLIENTS database of KYM MANUFACTURAS SAS / KYMRCMODELS is subject to various forms of processing, such as collection, exchange, updating, processing, reproduction, compilation, storage, use, systematization, analysis, and organization—either partially or fully—in compliance with the purposes established herein. This information may be disclosed, transmitted, or transferred to public entities, business partners, contractors, affiliates, subsidiaries, and/or technological allies, solely for the purpose of fulfilling the objectives of the database. In all cases, the disclosure, transmission, or transfer of data will occur only after the necessary agreements have been signed to safeguard the confidentiality of the information.

    In compliance with legal obligations, KYM MANUFACTURAS SAS / KYMRCMODELS may provide personal information to judicial or administrative authorities.

  1. PURPOSE

    The information collected by KYM MANUFACTURAS SAS / KYMRCMODELS is intended to ensure the proper development of its commercial activities. Additionally, KYM MANUFACTURAS SAS / KYMRCMODELS retains the necessary information to comply with legal obligations, primarily in accounting and tax matters.

    Customer information is stored in order to facilitate, promote, enable, or maintain commercial relationships, as well as to provide information about products and their quality, trends, benefits, events, partnerships, general information, and other marketing-related activities focused on consumer trends and preferences. This allows us to offer benefits, promotions, discounts, or similar advantages. The data is also used for reporting to and consultation with legally established credit reporting agencies in Colombia, for collection or commercial management purposes. These purposes are intended to fulfill contractual and/or legal obligations with our customers and may be carried out through technological, commercial, and/or strategic partners.

    Likewise, KYM MANUFACTURAS SAS / KYMRCMODELS informs that data collected by security personnel and video recordings will be used for the purpose of ensuring the safety and surveillance of individuals, assets, and facilities.

  1. RIGHTS OF THE DATA SUBJECTS

    KYM MANUFACTURAS SAS / KYMRCMODELS is committed to respecting the rights of its customers. Therefore, and in accordance with Law 1581 of 2012, Article 8 — Rights of the Data Subjects — individuals whose personal data is processed shall have the following rights:

    • To know, update, and correct their personal data with KYM MANUFACTURAS SAS / KYMRCMODELS or with the Data Processors. This right may be exercised, among other cases, in relation to partial, inaccurate, incomplete, misleading, or fragmented data, or data whose processing is explicitly prohibited or has not been authorized.

    • To request proof of the authorization granted to KYM MANUFACTURAS SAS / KYMRCMODELS, except when such authorization is expressly exempted as a requirement for processing, in accordance with Article 10 of Law 1581 of 2012.

    • To be informed by KYM MANUFACTURAS SAS / KYMRCMODELS or by the Data Processor, upon request, about the use made of their personal data.

    • To file complaints with the Superintendence of Industry and Commerce for violations of the provisions of this law or any other regulations that amend, add to, or supplement it.

    • To revoke the authorization and/or request the deletion of their data when the processing does not respect constitutional and legal principles, rights, and guarantees. Revocation and/or deletion will be applicable when the Superintendence of Industry and Commerce has determined that KYM MANUFACTURAS SAS / KYMRCMODELS or the Data Processor has engaged in conduct contrary to the law and/or the Constitution.

    • To access, free of charge, their personal data that has been subject to processing.

  1. DUTIES OF KYM MANUFACTURAS SAS / KYMRCMODELS REGARDING THE DATA SUBJECT’S INFORMATION

    In accordance with Title VI, “Duties of Data Controllers and Data Processors,” KYM MANUFACTURAS SAS / KYMRCMODELS, as the Data Controller, is subject to the following obligations:

    • Ensure the Data Subject’s full and effective exercise of the right of habeas data at all times.

    • Request and retain, under the conditions provided by law, a copy of the corresponding authorization granted by the Data Subject.

    • Properly inform the Data Subject about the purpose of the data collection and the rights conferred by the granted authorization.

    • Store the information under the necessary security conditions to prevent its alteration, loss, unauthorized or fraudulent access or use.

    • Ensure that the information provided to the Data Processor is truthful, complete, accurate, up-to-date, verifiable, and understandable.

    • Update the information and promptly communicate to the Data Processor any changes regarding previously provided data, and take other necessary steps to ensure the information remains up-to-date.

    • Correct any inaccurate information and communicate the correction to the Data Processor.

    • Provide the Data Processor, as applicable, only with data whose processing has been previously authorized in accordance with the law.

    • Require the Data Processor to uphold the conditions of security and confidentiality of the Data Subject’s information at all times.

    • Address inquiries and complaints submitted within the terms established by law.

    • Adopt an internal manual of policies and procedures to ensure compliance with this law, especially regarding the handling of inquiries and complaints.

    • Inform the Data Processor when certain information is under dispute by the Data Subject, once a claim has been filed and until it is resolved.

    • Inform the Data Subject, upon request, about how their data has been used.

    • Notify the data protection authority when security code violations occur and there are risks in the management of the Data Subjects’ information.

    • Comply with instructions and requirements issued by the Superintendence of Industry and Commerce.

    .

Likewise, KYM MANUFACTURAS SAS / KYMRCMODELS informs that, in the performance of its business activities and in compliance with the country’s current regulations, customer data may be processed by third-party companies acting as Data Processors, who will handle the data for specific purposes and, under Law 1581 of 2012, will have the following duties:

  • Guarantee the Data Subject full and effective exercise of the right of habeas data at all times.

  • Request and retain, under the conditions provided in Law 1581 of 2012, a copy of the respective authorization granted by the Data Subject.

  • Properly inform the Data Subject of the purpose of the data collection and the rights arising from the granted authorization.

  • Safeguard the information under the necessary security conditions to prevent its alteration, loss, consultation, unauthorized or fraudulent use or access.

  • Ensure that the information provided to the Processor is truthful, complete, accurate, up-to-date, verifiable, and understandable.

  • Update the information and promptly inform the Data Processor of any changes to previously provided data, and take all necessary steps to ensure the data remains up-to-date.

  • Rectify incorrect information and communicate the correction to the Data Processor.

  • Provide the Data Processor, as applicable, only with data whose Processing has been previously authorized, in accordance with this law.

  • Require the Data Processor to respect the security and privacy conditions of the Data Subject’s information at all times.

  • Handle inquiries and complaints submitted by Data Subjects in accordance with the terms established by law.

  • Adopt an internal policy manual and procedures to ensure proper compliance with applicable regulations, particularly for handling inquiries and complaints.

  • Inform the Data Processor when certain information is under dispute by the Data Subject, once a complaint has been submitted and until it has been resolved.

  • Inform the Data Subject, upon request, of the use made of their data.

  • Notify the data protection authority in the event of security breaches or if there are risks in the administration of the Data Subjects’ information.

  • Comply with instructions and requirements issued by the Superintendence of Industry and Commerce.

    • Political Constitution of Colombia, Article 15

    • Law 1581 of 2012

    • Law 1273 of 2009

    • Law 1266 of 2008

    • Regulatory Decrees 1727 of 2009 and 2952 of 2010, and Partial Regulatory Decree No. 1377 of 2013

    • LEGAL FRAMEWORK

      This Manual of Policies and Procedures for the protection of personal data has been developed in accordance with the following laws and regulations:

    DATA PROTECTION OFFICER – HANDLING OF INQUIRIES AND CLAIMS

    Pursuant to Article 23 of Decree 1377 of 2013, KYM MANUFACTURAS SAS / KYMRCMODELS has appointed a Privacy Officer, responsible for personal data protection and for addressing the requests of data subjects regarding the exercise of their rights under Law 1581 of 2012.

    You may contact the Privacy Officer via:

    HANDLING INQUIRIES AND CLAIMS

    KYM MANUFACTURAS SAS / KYMRCMODELS informs data subjects that these Terms and Conditions can be consulted through the “Privacy Policy and Personal Data Processing” link on our website: www.kymrcmodels.com.

    Additionally, data subjects may submit any request, petition, complaint, or claim via the following contact channels:

    PROCEDURE FOR SUBMITTING AND RESPONDING TO INQUIRIES

    Holders of personal data included in the databases of KYM MANUFACTURAS SAS / KYMRCMODELS may request access to the information held about them. Any inquiry, request for correction, update, or deletion must be submitted via email to info@kymrcmodels.com and must include at least the following:

    • Identification of the Data Subject

    • Description of the facts giving rise to the request or claim

    • Address of the Data Subject

    • Supporting documents (if any)

    Inquiries will be addressed within ten (10) business days from the date of receipt. If the inquiry cannot be answered within this period, the interested party will be informed of the reasons for the delay and the expected date of response, which shall not exceed five (5) additional business days.

    If a claim is incomplete, the Data Subject will be notified within five (5) business days of receipt and requested to correct the deficiencies. If two (2) months pass without the applicant providing the required information, it will be understood that the claim has been withdrawn.

    If the person receiving the claim is not competent to resolve it, they shall forward it to the appropriate party within two (2) business days and inform the claimant accordingly.

    Once a complete claim is received, a note reading “claim in process” will be added to the database within a maximum of two (2) business days, and this note will remain until the claim is resolved.

    The maximum response time for a claim is fifteen (15) business days from the day following its receipt. If it is not possible to respond within this period, the Data Subject will be informed of the delay and the date on which the claim will be answered, which shall not exceed eight (8) additional business days.

    EFFECTIVE DATE

    The Personal Data Processing Policy of KYM MANUFACTURAS SAS / KYMRCMODELS will be effective as of July 10, 2024.

    KYM MANUFACTURAS SAS / KYMRCMODELS reserves the right to modify this policy in accordance with the terms and limitations set by law. Any changes will be published on our website: www.kymrcmodels.com.

    DATA RETENTION PERIOD

    The databases managed by KYM MANUFACTURAS SAS / KYMRCMODELS will be maintained indefinitely, as long as the company continues its operations and the data is required to fulfill legal, particularly accounting and tax, obligations. However, the data may be deleted at any time upon request by its holder, provided such deletion does not contravene a legal or contractual obligation of KYM MANUFACTURAS SAS / KYMRCMODELS.

    PRIVACY NOTICE

    In compliance with Law 1581 of 2012 and its regulatory decrees, KYM MANUFACTURAS SAS / KYMRCMODELS informs that all personal data provided by its customers will be processed securely, confidentially, and responsibly for commercial purposes only, including but not limited to: informing about products and their quality, trends, benefits, events, partnerships, general information, and for marketing-related activities based on consumer preferences and interests, which may allow us to offer benefits, promotions, discounts, or similar.

    Personal data may also be used for reporting and consultation with legally authorized credit bureaus in Colombia, collection activities, and other commercial operations necessary for compliance with contractual and/or legal obligations. This processing may be carried out through technological, commercial, and/or strategic partners.

    KYM MANUFACTURAS SAS / KYMRCMODELS also informs that personal data collected through security personnel and video recordings will be used for security and surveillance purposes related to people, assets, and facilities.

    KYM MANUFACTURAS SAS / KYMRCMODELS reserves the right to modify the terms and conditions of this document and its data processing policy in order to remain compliant with Law 1581 of 2012 and related regulations. Any updates will be published on the website: www.kymrcmodels.com.

    For more information, you may contact us via:

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Cra 24 No. 28-20

Bucaramanga – Colombia

Phone.: (57) 3156241357

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info@kymrcmodels.com

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