PERSONAL DATA
PROCESSING POLICY
CH MAC Abogados
PERSONAL DATA PROCESSING POLICY
RESPONSIBLE
CH MAC ABOGADOS S.A.S. (“CH MAC Abogados”), a Colombian company identified with NIT 901.137.873-0, with its main address in Bogotá DC, adopts this Personal Data Processing Policy (the “ Policy ”) to regulate the collection, storage, use, circulation, transmission, transfer, updating, deletion and, in general, any operation it carries out on personal data in the development of its corporate purpose, the provision of its professional services and its administrative, commercial, labor, contractual and compliance activities.
Contact details of the Data Person Responsible:
TABLE OF CONTENTS
1. Aim
2. Scope
3. Legal framework
4. Definitions
5. Applicable principles
6. Roles of CH MAC Abogados
7. Headlines, databases and information categories
8. Purposes of the Treatment
9. Authorization for Treatment
10. Sensitive data and data of children and adolescents
11. Rights of the Holders
12. Duties of CH MAC Abogados as Responsible
13. Duties of CH MAC Abogados as Manager
14. Data transfers, transmissions and circulation
15. Security, confidentiality and professional secrecy
16. Security incident management
17. National Database Registry
18. Procedure for inquiries and complaints
19. Information retention and deletion
20. Publication, modifications and validity
Annex 1. Purposes by stakeholder group
Annex 2. Special guidelines for emails, website, technological tools and communications
1. AIM
The purpose of this Policy is to establish the rules, guidelines and procedures applicable to the Processing of personal data carried out by CH MAC Abogados, in order to guarantee the fundamental right to habeas data, privacy, good name, the right to information and the rights of the Holders to know, update, rectify, delete and revoke the authorization regarding the personal information that is held in the databases or files of CH MAC Abogados.
Additionally, this Policy develops measures of demonstrated responsibility, privacy by design and by default, information security, professional confidentiality, proper management of Processors, handling of queries and complaints, document preservation and management of risks associated with the Processing of personal data.
2. SCOPE
This Policy applies to all personal data recorded in databases, physical files, digital files, information systems, document repositories, emails, technological platforms, files, working documents, communications and other means managed by CH MAC Abogados, provided that they are susceptible to Processing by CH MAC Abogados as Responsible person or person in charge.
The Policy covers the processing of data of clients, potential clients, suppliers, contractors, socios, correspondents, employees, interns, candidates, visitors, event attendees, recipients of communications, legal representatives, administrators, shareholders, final beneficiaries, agents, counterparties, witnesses, experts, third parties related to legal matters, website users and other natural persons whose data is processed by CH MAC Abogados.
This Policy is understood without prejudice to confidentiality agreements, contracts, professional secrecy obligations, ethical standards applicable to the practice of law, duties of confidentiality, procedural rules, orders of authorities or contractual restrictions that may be applicable to the information processed by CH MAC Abogados.
3. LEGAL FRAMEWORK
This Policy is based, among others, on the following provisions and guidelines:
4. DEFINITIONS
|
Term |
Definition |
|---|---|
|
Authorization |
Prior, express and informed consent of the Data Subject to carry out the Processing of their personal data, except for the events exempted by law. |
|
Privacy Notice |
Verbal or written communication addressed to the Data Subject informing them of the existence of the Policy, how to access it and the purposes of the Processing. |
|
Database |
An organized set of personal data that is subject to processing, in physical, electronic, digital or any other format. |
|
Personal Data |
Any information linked to or that may be associated with one or more specific or identifiable natural persons. |
|
Public Data |
Data that is not semi-private, private or sensitive, including, among others, data relating to the civil status of persons, their profession or occupation and their status as a merchant or public servant, in the terms of the law. |
|
Private Data |
Information that, due to its intimate or confidential nature, is only relevant to the Data Subject. |
|
Semi-private data |
Data that is not of an intimate, reserved or public nature and whose knowledge may be of interest to the Holder and a certain sector or group of people, such as financial or credit data, when appropriate. |
|
Sensitive Data |
Data that affects the privacy of the Holder or whose misuse may generate discrimination, such as health data, biometric data, political orientation, religious or philosophical beliefs, union membership, racial or ethnic origin, sexual life, among others. |
|
Data Person Responsible |
Natural or legal person, public or private, who alone or in association with others carries out the Processing of personal data on behalf of the person responsible. |
|
Data Person Responsible |
Natural or legal person, public or private, who alone or in association with others decides on the database or the processing of personal data. |
|
Holder |
Natural person whose personal data is subject to Processing. |
|
Treatment |
Any operation or set of operations performed on personal data, such as collection, storage, use, circulation, transfer, transmission, updating or deletion. |
|
Transferencia |
Envío de datos personales a un tercero que, dentro o fuera de Colombia, actúa como Responsable del Tratamiento. |
|
Transmission |
Communication of personal data within or outside of Colombia so that a Processor can carry out Processing on behalf of the Person Responsible. |
|
Demonstrated Responsibility |
Management principle according to which the Person Responsible or Processor must implement appropriate, effective and verifiable measures to comply with the personal data protection regime and demonstrate such compliance to the Data Subjects and competent authorities. |
5. APPLICABLE PRINCIPLES
CH MAC Abogados will process personal data in accordance with the principles set forth in the applicable regulations and market standards regarding privacy, security and compliance.
In particular, it will apply the following principles:
6. ROLES OF CH MAC ATTORNEYS
CH MAC Abogados may act as the Data Person Responsible when it decides on the purposes and means of the processing of personal data, for example, with respect to its clients, suppliers, employees, candidates, visitors, recipients of communications and users of its channels.
CH MAC Abogados may also act as a Data Processor when processing personal data on behalf of a client, partner, entity, or third party that decides on the database and the purposes of the processing. In such cases, CH MAC Abogados will process the data in accordance with the instructions of the Data Person Responsible, the corresponding contract, applicable law, and professional confidentiality obligations.
When CH MAC Abogados holds the positions of Responsible and Manager, it will fulfill the duties provided for each role, as appropriate.
7. DATA SUBJECTS, DATABASES AND CATEGORIES OF INFORMATION
CH MAC Abogados may manage physical or digital databases related to, among others, the following categories of Data Subjects:
Depending on the purpose, CH MAC Abogados may process identification data, contact information, location, employment, academic, professional, financial, accounting, tax, commercial, contractual, corporate, patrimonial, judicial, administrative, disciplinary, immigration, compliance, social security, occupational safety and health information, information contained in documents, powers of attorney, contracts, files, evidentiary support, images, recordings, access records, browsing data or digital interaction and, exceptionally, sensitive data or data of minors when strictly necessary and legally appropriate.
8. PURPOSES OF THE PROCESSING
CH MAC Abogados will process personal data for the following general and specific purposes, without prejudice to the specific purposes stated in each authorization, contract, form, channel or specific notice:
9. AUTHORIZATION FOR TREATMENT
CH MAC Abogados will request prior, express, and informed authorization from the Data Subject for the Processing of personal data when required. Authorization may be obtained through physical, electronic, digital, telephone, or audiovisual means, through unambiguous conduct, or by any other mechanism that allows for verification of its granting and subsequent verification.
The authorization must inform, at a minimum, of the purposes of the Processing, the rights of the Data Subject, the channels of attention, the identification of the Person Responsible and, when it comes to sensitive data, the optional nature of its provision and the specific purpose of the Processing.
CH MAC Abogados will retain proof of the authorizations granted by the Holders, as well as the notices, records, forms, logs, electronic evidence, contracts or mechanisms through which the authorization was obtained, in accordance with the law and its internal procedures.
Authorization will not be necessary when dealing with information required by a public or administrative entity in the exercise of its legal functions or by court order; data of a public nature; cases of medical or health emergency; processing authorized by law for historical, statistical or scientific purposes; data related to the Civil Registry of Persons; or other events excepted by the applicable regulations.
10. SENSITIVE DATA AND DATA OF CHILDREN AND ADOLESCENTS
The processing of sensitive data is restricted and will only proceed when the Data Subject has given explicit authorization, when it is necessary to safeguard their vital interest and they are physically or legally incapacitated, when it involves legitimate activities with adequate guarantees, when it is necessary for the recognition, exercise or defense of a right in a judicial process, when it has a historical, statistical or scientific purpose with suppression of identity, or in other cases permitted by law.
When CH MAC Abogados requests sensitive data, it will inform the Data Subject that they are not obliged to authorize its Processing or to answer questions about this type of data, will indicate which data are sensitive, explain the specific purpose and obtain explicit authorization when required.
CH MAC Abogados may process sensitive data, including health data, biometric data, images, social security information, information on special conditions of workers, data included in judicial or administrative files, family information, beneficiary data or data of third parties linked to legal matters, only when it is necessary, proportionate and legally appropriate.
The processing of personal data of children and adolescents will be carried out respecting their best interests, their fundamental rights, the principle of progressive autonomy, and with the authorization of their legal representatives where applicable. Under no circumstances will CH MAC Abogados condition any activity on the provision of sensitive data that is not essential for the corresponding purpose.
11. RIGHTS OF THE HOLDER(S)
12. DUTIES OF CH MAC ABOGADOS AS RESPONSIBLE PARTY
13. DUTIES OF CH MAC ABOGADOS AS MANAGER
14. DATA TRANSFERS, TRANSMISSIONS AND CIRCULATION
CH MAC Abogados may share, transmit, or transfer personal data when necessary to fulfill the stated purposes, execute a contractual relationship, provide professional services, comply with legal obligations, act before authorities, manage suppliers, or exercise rights. This sharing will be limited to the necessary information and will be subject to duties of confidentiality, security, necessity, and restricted access.
Personal data may be received by, among others, technology providers, cloud services, email, videoconferencing platforms, document repositories, management tools, accounting, tax, administrative, payroll, social security providers, banks, insurance companies, courier services, archiving, document destruction, auditors, experts, correspondents, allied firms, external lawyers, notaries, chambers of commerce, judicial, administrative, tax, regulatory, inspection, surveillance and control authorities, clients or counterparties when necessary within a legal process.
When personal data is transferred to Processors, CH MAC Abogados will endeavor to enter into contracts, annexes or transfer clauses that include, at a minimum, Processing instructions, confidentiality duties, security measures, restrictions on use, duty to support in inquiries and complaints, rules for sub-processors, incident management, return or deletion of information and other applicable obligations.
When international transfers of personal data are made, CH MAC Abogados will verify the existence of authorization, legal authorization, a country with an adequate level of protection or contractual, organizational or legal mechanisms that allow the protection of the rights of the Data Subjects, in accordance with current regulations and the instructions of the Superintendency of Industry and Commerce.
15. SECURITY, CONFIDENTIALITY AND PROFESSIONAL SECRECY
CH MAC Abogados will adopt reasonable and proportionate administrative, human, physical, technical, contractual and organizational measures, taking into account the risk, the nature of the data, the context of the Processing and the available resources, in order to protect personal data against loss, alteration, unauthorized or fraudulent access, use, consultation, disclosure or circulation.
Among other measures, CH MAC Abogados will be able to implement access controls by profiles, passwords, authentication, permission restrictions, backups, security tools, contractual confidentiality, training, internal policies, document management, information classification, filing rules, secure destruction, access traceability and supplier evaluation.
Information processed by CH MAC Abogados in the course of providing legal services may be protected by attorney-client privilege, legal confidentiality, contractual confidentiality, litigation strategy, privilege, or procedural rules. Therefore, those who access such information must maintain strict confidentiality and may only use it for authorized, contractual, or legally permitted purposes.
CH MAC Abogados does not sell or rent personal data databases. Any use of information for communications, newsletters, events, or relationship building must be carried out respecting the data subject’s authorization, their reasonable expectation, applicable regulations, and available opt-out mechanisms.
16. SECURITY INCIDENT MANAGEMENT
CH MAC Abogados will adopt internal procedures to identify, report, assess, contain, investigate, document, and mitigate security incidents involving personal data. When an incident may pose risks to data subjects, CH MAC Abogados will evaluate notification measures for data subjects, Personas Responsables, processors, relevant authorities, or third parties, in accordance with applicable law, contracts, and guidelines.
Employees, collaborators, contractors, and suppliers who know of or suspect a security incident must immediately report it to the Administrative Area or the internal person responsible for personal data protection, without disclosing additional information or taking actions that could aggravate the risk.
17. NATIONAL DATABASE REGISTRY
When CH MAC Abogados is legally required to register its databases in the National Database Registry administered by the Superintendency of Industry and Commerce, it will carry out the registration, updating, reporting of changes and other actions that correspond in accordance with Decree 1074 of 2015, the Single Circular and the current instructions of the competent authority.
Unless otherwise required by applicable thresholds, nature or regulatory conditions, CH MAC Abogados will internally retain the inventories, maps or records necessary to demonstrate the reasonable management of its databases and compliance with the obligations that may be required of it.
18. PROCEDURE FOR INQUIRIES AND COMPLAINTS
18.1. Area and channels enabled
Holders, successors, representatives, agents or authorized persons may exercise their rights by submitting a request to:
18.2. Legitimation
Applications may be submitted by the Holder proving their identity; their successors, proving such status; representatives or agents, proving the representation; or by stipulation in favor of another or for another, when the corresponding condition is proven.
18.3. Minimum content of the application
The application must include, at a minimum: the applicant’s name and identification; the capacity in which they are acting; a clear description of the facts, data, or rights they intend to exercise; contact information for a response; documents that support their application; and, where applicable, a power of attorney, authorization, or proof of representation.
18.4. Consultations
Inquiries will be addressed within a maximum of ten (10) business days from the date of receipt. If it is not possible to address the inquiry within this period, CH MAC Abogados will inform you of the reasons for the delay and the date on which it will be addressed, which in no case may exceed five (5) business days following the expiration of the initial period.
18.5. Complaints
When the Data Subject believes that the information should be corrected, updated, deleted, revoked, or that there is an alleged breach of the personal data protection regulations, they may file a complaint with CH MAC Abogados. If the complaint is incomplete, CH MAC Abogados will request the interested party to remedy the deficiencies within five (5) business days of receiving it. If two (2) months elapse from the date of the request without the applicant submitting the required information, it will be understood that they have withdrawn the complaint.
Once a complete claim is received, a note indicating «claim in process» and the reason for the claim will be entered into the corresponding database within two (2) business days and will remain until a decision is reached. The maximum time to address the claim will be fifteen (15) business days from the day after receipt. If it is not possible to address the claim within this timeframe, the reasons for the delay and the response date will be provided, which may not exceed eight (8) business days following the expiration of the initial timeframe.
18.6. Suppression and revocation
The Data Subject may request the deletion of their data or the revocation of their authorization. These requests will be granted when there is no legal, contractual, professional, accounting, tax, labor, evidentiary, judicial, or administrative obligation that obliges or authorizes CH MAC Abogados to retain or process the information. When deletion is warranted, CH MAC Abogados may delete, anonymize, block, or restrict the processing of the data, as appropriate.
19. RETENTION AND DELETION OF INFORMATION
Personal data will be kept for the time necessary to fulfill the authorized or legally enabled purposes, and for the additional terms required by legal, contractual, accounting, tax, labor, corporate, evidentiary, archiving, judicial defense, professional responsibility or attention to requirements of authorities.
Once the retention periods have expired or the purpose has been fulfilled, CH MAC Abogados will delete, anonymize, return, block or restrictively retain the data, as appropriate and in accordance with its internal procedures, applicable law, orders from authorities, professional obligations and information security requirements.
20. PUBLICATION, MODIFICATIONS AND VALIDITY
This Policy is effective upon publication and supersedes all previous versions of CH MAC Abogados Information Processing Policy. Databases will remain in effect as long as the purpose for which they were collected remains valid, as long as there is a legal, contractual, professional, or evidentiary obligation justifying their retention, or as long as necessary for the defense of the rights of CH MAC Abogados or legitimate third parties.
CH MAC Abogados may modify this Policy to adapt it to legal, regulatory, jurisprudential, doctrinal, technological, contractual, commercial, or operational changes. Substantial changes will be communicated through the website, email, physical or digital notices, or any other means that CH MAC Abogados deems appropriate.
ANNEX 1. PURPOSES BY STAKEHOLDER GROUP
|
Stakeholder group |
Main specific purposes |
|---|---|
|
Clients and potential clients |
Provision of legal services; file management; verification of conflicts of interest; due diligence; service communications; billing; collection; defense of rights; compliance with legal and contractual obligations; sending publications or invitations when applicable. |
|
Third parties involved in legal matters |
Analysis of facts; structuring of strategies; preparation of documents; presentation of evidence; handling of judicial, arbitration, administrative or contractual processes; responding to requests from authorities; defense of rights. |
|
Suppliers, contractors and partners |
Contracting; service order management; payments; evaluation; accounting and tax administration; reporting; quality control; security; compliance; auditing; operational contact. |
|
Workers, interns and collaborators |
Selection; hiring; payroll; benefits; social security; occupational health and safety; training; evaluation; references; access controls; legal compliance; disciplinary management; employee records. |
|
Candidates |
Profile evaluation; information verification; interviews; tests; references; communications; storage in resume databases when authorized. |
|
Visitors and event attendees |
Access control; security; attendance registration; logistical coordination; sending certificates, materials, invitations or related communications. |
|
Web users and recipients of communications |
Handling requests; managing forms; analytics; cookies; sending newsletters, legal alerts, publications, events or communications of interest, with opt-out mechanisms where appropriate. |
ANNEX 2. SPECIAL GUIDELINES FOR EMAILS, WEBSITE, TECHNOLOGICAL TOOLS AND COMMUNICATIONS
1. Emails and professional communications
Emails sent by CH MAC Abogados may contain confidential, proprietary, or data protected by personal data protection laws. Recipients must use this information only for authorized purposes. If an email is received in error, the recipient must refrain from using, copying, or disclosing its contents, notify the sender, and delete it from their systems.
2. Website, forms and cookies
CH MAC Abogados may collect data through its website, forms, event logs, analytics tools, cookies, or similar technologies. When necessary, it will inform users of the purposes, categories of cookies or technologies used, and the mechanisms available for managing, blocking, or deleting them, in accordance with the browser or tool settings.
3. Technological tools, cloud and artificial intelligence
CH MAC Abogados may use technology providers, cloud tools, document management systems, email, videoconferencing, security measures, automation, or data analytics. Before using any tools that involve the processing of personal data, it will assess their necessity, purpose, security, confidentiality, location of the information, contractual conditions, and usage restrictions. When using artificial intelligence or automation tools, CH MAC Abogados will avoid entering unnecessary personal data, sensitive information, or confidential client information into tools that do not guarantee adequate levels of security, confidentiality, and contractual control.
4. Commercial or informational communications
The sending of newsletters, legal alerts, invitations, publications, or other communications of interest will be based on the data subject’s authorization, the existing relationship, or applicable legal authorization. Data subjects may request to be removed from distribution lists through the channels provided by CH MAC Abogados or through the opt-out mechanisms included in the communications, where available.
