AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA.
Last modified: November 20, 2023
Under the provisions of Law 1581 of 2012, Regulatory Decree 1377 of 2013, and other regulations that regulate, replace, or modify Colombian’s National Regime for the Protection of Personal Data, in compliance with the legal development of the constitutional right of Habeas Data, through this document, THE HOLDER, who identifies himself as stated in the initial part of this document, acting in its name and representation, and with full capacity to act and be bound, in its capacity as Holder of Data and Personal Information, it freely, expressly, unequivocally and informedly carries out the following:
FIRST. Personal data. For the purposes of this Authorization, "Personal Data" shall be understood as any information related to or that may be associated with THE HOLDER:
- That THE HOLDER discloses to KOOMBEA S.A.S. (from now on KOOMBEA) within the framework of recruitment, selection and/or employment processes, which may be processed by authorized third parties, to determine the suitability of the applicant within the advanced process, including but not limited to: personal identification information, physical and electronic addresses, work authorization documents (visas, temporary permits, professional cards), educational history (including student resume and grades), work history, personal and work references, judicial and disciplinary records, criminal history, financial information (reports in risk centers, enforcement collection processes), presence on international lists of terrorism, money laundering, financing of terrorist activities, as well as presence on global lists for any crime, as well as any other information required for analyzing the history of THE HOLDER;
- That is sensitive, that is, that its Processing may affect the privacy of THE HOLDER or generate some discrimination, as established in the current regulations (from now on, the "Sensitive Data"), including but not limited to: biometric data, membership of trade unions or social organizations, human rights or that promote the interests of any political party or that guarantee the rights and guarantees of political parties of opposition, socio-economic status, racial or ethnic origin, political orientation, religious or philosophical convictions, as well as data relating to health and sex life, among others, to be used for the purposes set out in this Authorization.
SECOND. Authorization for the Processing of Personal Data. By signing this document, and within the framework of the recruitment, selection and/or employment process carried out by KOOMBEA, THE HOLDER grants its prior, express, and informed consent to KOOMBEA, its managers, affiliates, or authorized third parties, for the Processing of your Personal Data (as defined in the FOURTH and FIRST declarations respectively), to be used in the terms outlined in this authorization, regardless of their nature, whether they are identification data, location, socio-economic data, among others, which, in compliance with the principle of truthfulness, it is supplied in a complete, accurate, up-to-date, and verifiable manner.
THIRD. Informed Consent. THE HOLDER declares that at the time of signing this document, has been informed by KOOMBEA about its rights in my capacity as the HOLDER of the Personal Data, and:
- About which are the Sensitive Data that KOOMBEA will process and that your consent to authorize its Processing is entirely optional unless there is a legal duty that requires you to disclose it, or it is necessary to disclose it to safeguard your vital interest whenever you are physically, legally and/or psychologically incapable of doing so.
- On the optional nature of the answers to questions related to data on children and adolescents and, consequently, that it is not obliged to answer them. Therefore, by informing KOOMBEA of data related to your minor children, you declare that you know, accept, and authorize freely and spontaneously the Processing of such information.
- On the optional nature of the answers to questions related to their membership of trade unions, social organizations, health, sex life, and biometric data. Consequently, by providing such information to KOOMBEA as necessary for the Processing reported herein, you declare that you know, accept, and authorize the Processing of such information freely and spontaneously.
FOURTH. Treatment. THE HOLDER authorizes KOOMBEA to carry out the Processing, i.e., the collection, storage, use, circulation, and/or deletion of its Personal Data, for the fulfillment of all or some of the following purposes:
- To store and safeguard the Personal Data of THE HOLDER, in the medium that KOOMBEA assigns for this purpose and under security conditions, for the term required by law to do so;
- Ordering, cataloging, classifying, storing, and separating the Personal Data provided by THE HOLDER and applying the same procedures of archiving, protection, and custody;
- Consult, compare, analyze, process, evaluate, or process all the information about THE HOLDER that is stored in the databases;
- Consult with PILA information operators, social security operators, fund and severance administrators, and risk centers, whenever necessary, regarding information on the credit history, contact information, financial information, and information related to the employment situation and salary income of THE HOLDER;
- Consult and report the information of THE HOLDER in restrictive and binding lists for Colombia, lists of politically exposed persons, and information centers for the prevention and mitigation of the risk of money laundering, financing of terrorism, financial risks and impersonation and fraud;
- Send the Personal Data of THE HOLDER by secure means to servers located in Colombia or abroad to keep backup copies of the same, even if KOOMBEA contracts these services with platforms based on cloud technology.
- Transmit or transfer Personal Data to third parties located in Colombia and/or abroad, including in countries that do not provide adequate Personal Data protection measures, provided that contracts are signed with them to carry out the Processing of Personal Data for administrative and/or operational purposes;
- Carry out data update campaigns;
- Inform about the modifications to the Privacy or Personal Data Processing Policies, as well as the request for new authorizations for the Processing of Personal Data;
- The other purposes determined by KOOMBEA in obtaining Personal Data for Processing order to comply with legal and regulatory obligations, as well as its Privacy or Personal Data Processing Policies.
FIFTH. Storage, Transmission, or Transfer. THE HOLDER acknowledges that its Personal Data will be stored in databases managed by KOOMBEA and declares that it has been informed and that authorizes KOOMBEA to transmit or transfer, as the case may be, its Personal Data to third parties, within or outside the Colombian territory, for Processing, according to the purposes and Processing authorized by THE HOLDER, without requiring further authorization from you. THE HOLDER acknowledges that KOOMBEA may share THE HOLDER's data inside or outside Colombia with:
- Its affiliated companies or subsidiaries, for centralized information backup and statistical and historical records purposes; and eventual investigations of fraud, impersonation, and/or criminal activities;
- Information operators and information centers to consult and report THE HOLDER information to restrictive lists and lists of politically exposed persons for the prevention and mitigation of money laundering, terrorist financing, financial and impersonation risks, and fraud;
- Authorities, agencies, or governmental entities, for the fulfillment of obligations provided for in the applicable legislation and/or in compliance with requirements made by them;
- Third-party service providers in their capacity as processors al, known as data processors of KOOMBEA, for the sole purpose of assisting KOOMBEA in providing its services.
SIXTH. Third-Party Authorization. THE HOLDER declares that:
- Has obtained the authorization of the third parties that have been included in the data provided, such as personal and/or commercial references, or any other data of a third party provided under the relationship between THE HOLDER and KOOMBEA;
- All Personal Data that THE HOLDER delivers to KOOMBEA or that has been received by KOOMBEA from a third party will be part of this authorization for its transmission or transfer if required for the complete fulfillment of the purposes described.
SEVENTH. Habeas Data Rights. THE HOLDER declares that it has been informed of the rights of Habeas Data that assist as the holder of the Personal Data, in particular, the rights to know, update, rectify, and delete the Personal Data or to revoke the authorization granted herein, in the terms and under the procedure enshrined in the Data Processing Policy of KOOMBEA. Likewise, you state that you have been informed of your right to request proof of the authorization granted to KOOMBEA for Processing your Personal Data and Sensitive Data and that you are aware of the legal scope of such authorization.
EIGHT. Data Controller. THE HOLDER declares that has been informed of the following data from the Data Controller of Personal Data and Sensitive Data:
Responsible: KOOMBEA S.A.S.
Address: Calle 85 No. 53-14
Email: [email protected].
NINTH. Confidentiality. THE HOLDER declares that has been informed that the Processing of Personal Data and Sensitive Data will be under KOOMBEA's Data Processing Policy, to which has access, and knows that it can be consulted on the company's website, or failing that, by requesting it by sending an email address [email protected]. THE HOLDER of the information declares that KOOMBEA has informed him/her that the Personal Data and Sensitive Data provided as an applicant of the company will be treated considering their confidential and reserved nature, in consideration of the fact that they are reserved by legal provision. Consequently, access to them will only be carried out per the rules in the Commercial Code that regulate the matter.
TENTH. Consent by electronic means. Based on Article 7 of Law 527 of 1999, regulated by Decree 2364 of 2012, the parties agree that instead of an original handwritten signature, this document, as well as any consent, approval, or other documents related to it, may be signed through the use of electronic, digital, numerical, alphanumeric, voiceprints, biometrics or any other form and that such alternative means of signature and the records in which such signatures are applied, shall be considered for all purposes, including but not limited to civil, commercial and consumer protection legislation, with the same force and consequences as the original physical handwritten signature of the signatory. Suppose the contract or any other document related to it is signed by electronic or digital means. In that case, the parties agree that the documents so signed will be retained and will be available to you, and you agree that each and all information sent to the email address provided will be deemed to have been delivered at the time it is shipped.
In proof of the preceding, this document is signed on the "date of subscription," the additional clauses to it will be set forth below in written form or by written communications duly accepted and signed by the parties.
KOOMBEA S.A.S. 900.182.503-8 Calle 85 No. 53-14 Barranquilla, Colombia
Email: [email protected].