Data Processing Policy - Fundación Probono

Personal Data Processing Policy

Fundación ProBono Colombia

Fundación ProBono Colombia guarantees the protection of rights such as habeas data, privacy, privacy, good name and image, for this purpose all actions will be governed by principles of good faith, legality, computer self-determination, freedom and transparency.

Who in the exercise of any permanent or occasional activity provides any type of information or personal data to the Foundation and in which it acts as the person in charge or responsible for the treatment, may know, update and rectify it.

In accordance with the provisions of article 9 of Statutory Law 1581 of 2012 and articles 2.2.2.25.2.3., 2.2.2.25.2.4. and 2.2.2.25.2.5. of Chapter 25 of Title 2 of Decree No. 1074 of May 26, 2015 “Through which the Single Regulatory Decree of the Trade, Industry and Tourism Sector was issued, we inform you that the personal data collected by Fundación ProBono Colombia , in “FPBC” will be subject to collection, storage, use and circulation in the terms established in this document.

Identification of the Person Responsible for the Treatment of Information: Fundación ProBono Colombia, with NIT 900305666-1, located in Bogotá, Colombia, with website www.probono.org.co, email probono@probono.org.co and telephone 7559455.
Purposes and Treatment to which the Personal Data will be submitted: The personal data provided by you to “FPBC” will be stored in the FPBC databases and will be used directly or through designated third parties, for the following purposes, as appropriate:
Applicant for pro bono services: In order to achieve efficient communication related to our services as a requested legal services provider consisting of legal advice and / or representation in legal matters of various kinds. To inform about news, regulatory news or training events on legal issues that the FPBC performs to keep its applicants updated and informed on matters of interest and related to the advice requested.

The FPBC will transfer this information via internet to the firm and / or lawyer, to the independent lawyer or to the company providing free legal services, so that they determine whether they assume the case or not and for the effective provision of the requested services.

After the completion, withdrawal or closure of the case in question, the data provided by the applicant will remain within the FPBC database for statistical purposes, for internal control reports, publications, analyzes and academic and practical studies that serve the development of the corporate purpose of the FPBC.

Event Attendees: In order to achieve efficient communication related to the event, promote it and inform the registrant of any aspect concerning it. After carrying out the activity, the data will rest in the FPBC and will be used to evaluate the quality of the event carried out and promote other similar ones.
Law firms, independent lawyers and private companies, linked to the FPBC for the provision of free legal services: In order to achieve efficient communication related to the relationship, that is, for the promotion of social activities that the FPBC develops, for advertising, informational, statistical, academic, practical, administrative, tax, accounting, among others. To evaluate the quality of the services provided. To conduct internal studies on consumption habits of the services and products offered by the FPBC.

The FPBC will have the right to request, at any time, the update and / or extension of the information of each of the entities, without prejudice to the request for deletion of the data to which the holder is entitled.

Allied social organizations: In order to achieve efficient communication and the execution of what is established in the alliance agreement signed between the FPBC and the allied organization.

Employees and service providers: For purposes related to their relationship, execution and termination of the employment relationship that arises between the employee and FPBC.

The FPBC will have the right to request, at any time, the update and / or extension of the information of each of its employees, without prejudice to the request for deletion of the data to which the holder is entitled.

Consequently, for the purposes described, FPBC may:

A. Know, store and process all the information provided by the owners in one or several databases, in the format that they deem most convenient.

B. Order, catalog, classify, divide or separate the information provided by the owners.

C. Verify, corroborate, check, validate, investigate or compare the information provided by the owners, with any information that is legitimately available.

D. Access, consult, compare and evaluate all the information about the owners that is stored in the databases of any credit, financial, legal background or lawfully constituted security center, of a state or private nature, national or foreign.

E. Analyze, process, evaluate or compare the information provided by the owners.

F. Study, analyze, customize and use the information provided by the owners for the monitoring, development and / or improvement, both individually and in general, of conditions of affiliation, service, administration, security or attention, as well as for the development of academic forums, social promotion meetings, affiliate lunches, business rounds and commercial and social missions.

The FPBC may share with its lawyers and / or member firms and member companies that are subject to the conditions of this authorization the results of the aforementioned studies, analyzes, customizations and uses, as well as all the information and personal data provided by the holders.

In the event that the FPBC is not able to carry out the processing by its own means, it may transfer the data collected to be processed by a third party, prior notification to the owners of the data collected, which will be responsible of the processing and must guarantee suitable conditions of confidentiality and security of the information transferred for the processing.

Rights of the Owners: (i) Know, update and rectify the personal data in front of the FPBC as responsible or in charge of the processing, or exercise the right against those who have received the data as a result of their transmission. This right may be exercised, among others, against partial, inaccurate, incomplete, fractional, error-inducing data, or those whose processing is expressly prohibited or has not been authorized; (ii) Request proof of authorization granted to the FPBC as responsible for the processing except when expressly excepted as a requirement for the processing; (iii) Be informed by the FPBC as responsible for the processing or the person in charge of the processing, upon request, regarding the use it has given to personal data; (iv) File complaints with the Superintendence of Industry and Commerce for violations of the personal data protection regime; (v) Revoke the authorization and / or request the deletion of personal data when the constitutional and legal principles, rights and guarantees are not respected in the processing.; (vi) Access free of charge personal data that has been subject to processing.
Sensitive Data: You have the right to opt out of responding to any sensitive information requested by FPBC. Sensitive data means any information that refers to the privacy of the person who supplies it as political, racial, ethnic, trade union, sexual, cultural, religious, medical affiliation, among others.

Notwithstanding the foregoing, the FPBC will request sensitive information in a mandatory manner if it deals with an intrinsic matter with the case that the user wishes to make available to the Foundation. In this way, users must make their condition explicit so that it can be referred to the firm or lawyer, so that they can have absolute clarity on the matter in question. Likewise, the FPBC reserves the right to request further information on sensitive data in cases it deems necessary for the proper provision of free legal services.

This qualification made by the FPBC is necessary and indisputable for cases that deal with these specific points, since the FPBC leads among others, cases corresponding to ethnic minorities, racial issues, LGBTI community, older adults, etc. Where such information is indispensable, Law 1581 of 2012 (art. 5,6 and 7) exempts the storage of this data from prohibition in cases where the holder authorizes it, there is incapacity, comes from an NGO, is used to exercise rights in judicial process or for statistical purposes. This information will also enjoy the protection and defense that the law grants

Data of children and adolescents: Data collection of minors is prohibited, however it may be collected by the FBPC, in accordance with the provisions of article 2.2.2.25.2.9. of Chapter 25 of Title 2 of Decree No. 1074 of May 26, 2015 “Through which the Single Regulatory Decree of the Commerce, Industry and Tourism Sector” was issued, if:
The fundamental rights of minors are respected.

The legal representative grants authorization after having heard the child’s opinion about the use of the data.

The FPBC will obligatorily request data from minors in order to carry out the process, when the case is about rights or interests where the minor is involved, such as cases of domestic violence, food absence, child exploitation, among others.

Paragraph: It will be the obligation of each legal representative, guardian and / or parent, to make a previous talk with the minor about the use of the data and the FPBC will understand the process assorted as soon as the information is provided.

Attention to Petitions, Complaints, Queries and Claims: To make requests, inquiries, complaints and claims in order to exercise your rights to know, update, rectify, delete the data or revoke your authorization please contact FPBC, Monday through Friday at Hours 8:00 AM – 12:00 M and 2:00 PM to 5:00 PM by phone (571) 7559455 or email probono@probono.org.co

Procedure for the Exercise of Rights:

You have the right to request proof of your authorization granted to the FPBC as well as to know, update and rectify your personal data. For this you can make inquiries from Monday to Friday from 8:00 AM – 12:00 M and 2:00 PM to 5:00 PM at (571) 7559455 or email probono@probono.org.co

When making your request for consultation you must submit the following documents:

If it is the Holder: Attach a copy of the identity document.

In the case of the successor: Identity document, civil registration of death of the Holder, document proving the quality in which he acts and the number of the identity document of the Holder.

If it is a legal representative and / or agent: Valid identity document, document that proves the quality in which it acts (Power of Attorney) and the identity card number of the Holder.

The consultation will be answered within a maximum period of ten (10) business days from the date of filing.

When it’s not possible to attend the query within said term, you will be informed of the reasons for the delay, and the date on which your query will be attended, which in no case may exceed five (5) business days following the expiration of the first finished.

You can access your personal data for free and the information requested can be provided by any means, including electronic, as required.

Request for deletion of information from our databases or revocation of the authorization granted for the processing of your personal data.

To request the deletion of your data from our databases or revoke the authorization granted for the processing of your personal data, you can make your request from Monday to Friday at 8:00 AM – 12:00 M and 2:00 PM at 5:00 PM to the phone (571) 7559455 or email probono@probono.org.co

Your request must indicate your intention to delete your personal data from our databases or to revoke the authorization granted for the processing of your personal data. Likewise, the request must be made by clearly identifying the name of the holder, the number of his identity document and his contact information (updated telephone and email).

When making your request for consultation you must submit the following documents:

If it is the Holder: Attach a copy of the identity document (c.c., t.i., c.e. or passport).

In the case of the successor: Identity document, civil registration of death of the Holder, document proving the quality in which he acts and the number of the identity document of the Holder.

If it is a legal representative and / or agent: Valid identity document, document that proves the quality in which it acts (Power of Attorney) and the identity card number of the Holder.

If the request is incomplete, the interested party will be required within five (5) days after the receipt of the same, to correct the failures. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that he has given up the claim.

In the event that the person receiving the claim is not competent to resolve it, they will transfer it to the appropriate party within a maximum period of two (2) business days and inform the interested party of the situation.

Once the complete application has been received, the legend “application in process” and the reason for it will be included in the database within a term not exceeding two (2) business days. This legend will remain until the request is decided.

The maximum term to meet the request will be fifteen (15) business days from the day following the date of receipt. When it is not possible to meet the request within said term, the interested party will be informed of the reasons for the delay and the date on which their request will be met, which in no case may exceed eight (8) business days following the expiration of the first finished.

Information Security: The FPBC has adopted reasonable security measures to protect the information of the Holders and prevent unauthorized access to their data or any unauthorized modification, disclosure or destruction thereof. Access to personal data is restricted to those employees, law firms, lawyers, associated entities or contractors of the FPBC, in charge of data processing and who need to know the same to perform their functions and develop the corporate purpose of the Foundation . The FPBC does not allow access to this information by third parties under conditions other than those stated, except for an express request from the owner of the data or legitimate persons in accordance with national regulations.

Notwithstanding the foregoing, the FPBC will not be responsible for computer attacks and in general any action that aims to infringe the security measures established for the protection of personal data and information other than these, contained in its computer equipment or in those contracted with third parties

Validity of the processing of information and personal data: The information provided by the owners may remain stored for up to ten (10) years from the date of the last processing, in order to allow us to comply with legal obligations and / or contractual especially in accounting, tax and tax matters or for all the time necessary to meet the provisions applicable to the matter in question and the administrative, accounting, tax, legal and historical aspects of the information, or in any event provided by law.
Transfer and Transmission of Data to Third Countries: Regarding the transfer and / or transmission of personal data to third countries, we inform all holders of information and personal data that rest in the FPBC databases, which with the acceptance of this Policy, express consent is being given for the FPBC to make transfers and / or transmissions of personal taxes to third countries, which may have levels of protection of personal data other than those required in Colombia, as established in the literal a) of article 26 of law 1581 of 2012 and article 2.2.2.25.5.1. of Chapter 25 of Title 2 of Decree No. 1074 of May 26, 2015 “Through which the Single Regulatory Decree of the Trade, Industry and Tourism Sector was issued.”
Date of entry into force of the Information Processing Policy and period of validity of the FPBC databases:

This policy is effective on July 26, 2013 and the databases will remain in force until the completion of the corporate purpose of the FPBC. The last published revision of this policy was made on November 14, 2017.

In case of gaps, doubts, concerns or need to expand the information provided, Fundación ProBono Colombia in its policy and general regulation of data processing contained in this document, will be referred to the corresponding regulatory system, that is, to laws 1266 of 2008, 1581 of 2012 and of Chapter 25 of Title 2 of Decree No. 1074 of May 26, 2015 “By means of which the Single Regulatory Decree of the Commerce, Industry and Tourism Sector was issued”, judgment c-1011 of 2006, judgment c-748 of 2011 and subsequent jurisprudence issued.