PERSONAL DATA PROCESSING POLICIES

The following pages contain information related to the processing of personal data by DIGITAL57 S.A.S. (hereinafter "DIGITAL57"), in its capacity as responsible for such processing, both personal data of direct users of DIGITAL57 services and those persons using services provided by customers (hereinafter Clients) of DIGITAL57 (hereinafter User). This Personal Data Processing Policy (hereinafter the "Data Policy") is part of the Terms and Conditions of Use of www.digital57.co, both in its web/browser and mobile application (hereinafter the "Terms of Use") and regulates the way in which DIGITAL57 collects, stores, processes, handles, administers, transfers, transmits or shares the information and data that the User provides or provides when accessing the website, mobile site or any other digital platform, media or channel of DIGITAL57 or that is developed in the future by DIGITAL57 (collectively the "Site"); or when in any way using our Site, our platform, content, applications and/or the other services we offer on DIGITAL57 (together the "Services"), also, when performed on behalf of or at the Customer's site. Therefore, it is important for the User to read so that he/she knows what personal data we process, how we process it, what the purpose of the processing is, what his/her rights are as a holder of personal data, how he/she can exercise such rights, etc.

DIGITAL57 is a Colombian company, identified with the NIT 900.698.380-4, domiciled in the city of Bogotá, D.C., address Carrera 14 No. 76-26, office 404 of the city of Bogotá, D.C., e-mail address info@digital57.co, telephone +57 1 373 8432. 

PERSONAL DATA WE COLLECT AND PROCESS

You provide us with personal data when you access the DIGITAL57 or Client Site(s), create an account on it, register through forms or otherwise use the Site or the Services. Accordingly, this Data Policy applies to all personal data that you have provided to us by any of the related means.

You may decide whether or not to provide us with your personal data, and which personal data you provide to us, from among all the personal data we collect. In any event, you should note that, in order to register for and access our Services, and in order for us or the customer to provide them to you, you will need to provide us with certain minimum information when you access the Site. By accessing the Site and using the Services, you agree to provide such minimum information.

 The Personal Data we collect and process are:

• Your name
• Age
• The number of your identification document or cédula de ciudadania (citizenship card)
• Your e-mail address
• Your IP address
• Your telephone number
• The date of your birthday
• Your Twitter and/or Facebook usernames
• Geographical location
• Information regarding how You use the Services, such as Your browser and operating system, and the times and dates You access the Services.

You may exclusively provide data on a Client's Site, under the management of DIGITAL57 and in this case, the Customer Data Policy will always be in effect and available. DIGITAL57 will provide processes to ensure the User easy access to such Customer Data Policy. DIGITAL57 will provide the Customer with the data collected through different means, and may use the data for statistical analysis, user contact and improvement of services and products. DIGITAL57 will not be responsible for the handling of the Client's data.

PROCESSING TO WHICH YOUR PERSONAL DATA WILL BE SUBJECT

The Personal Data you provide will be subject to the following processing by DIGITAL57: 

Setting up user accounts and profiles, so that You and other users can interact with DIGITAL57 and use the Site or services.

Enhancing and customising the content You view on the DIGITAL57 Site(s) or the Client, based on Your geographic location and potential interests.

Offering products, services, promotions and new features of DIGITAL57 or the customer taking into account their location and potential interests.

Configuration of a database that may be subject to consultation, transmission and / or transfer of Personal Data to credit bureaus and other databases of different nature, anonymous or individual aggregate marketing, owned or managed by DIGITAL57 or Clients with whom DIGITAL57 has commercial, contractual or operational relationships, in order to offer and promote products and services by DIGITAL57 or our partners, third parties and business allies. These third party recipients of the databases and Personal Data, the Clients, may be located in Colombia or abroad. 

Since one of the fundamental purposes of the Services is to help Users obtain information from, and learn about, products, services, events, businesses or brands that are of interest to them, when the User consults such information, calls, contacts by any digital or analogue means, or visits such locations or businesses of the Clients, such visits or consultations may be shared with such locations and businesses so that they can provide the User with better services and products.

When using the Services, certain information is public, such as, for example, public profile information, public photos, lists that are created or saved, likes, followers, etc., and this public information can be searched and found in public search engines and may be shared with third parties. Additionally, DIGITAL57 may disclose and share to third parties, anonymous or aggregated information that does not particularly identify a specific user, for commercial or statistical or other purposes.

DIGITAL57 hires and employs other companies or persons to perform tasks or work on its behalf or for its benefit, and in order to be able to provide the Services, the User's information must be shared with those companies or persons.

Delivery of the information to potential investors or buyers in the event of the sale of the company or the addition of new shareholders. If DIGITAL57 or its operation or assets were acquired by a third party, or in the hypothetical case that DIGITAL57 terminates its activity or enters into business restructuring processes, the database where the User's Personal Data is stored, will be one of the assets that will be transferred to the third party or acquired by it, which will be governed by these same Data Policies.

Compliance with Colombian or foreign law and with the orders of judicial and administrative authorities.

Adaptation of DIGITAL57 Services or Clients' Services to the needs of Users, research on the effectiveness of our network and Services and development of new tools for the community.

In order for the Services to function and operate, we may need to know your geographic location and location. Unless your operating system allows otherwise, when you use the Services in any way or use or access the Site, we receive your geographic location automatically, and we may know your location on an ongoing basis, even when the application is not in use. The geographic location and location, as well as other Personal Data, are used in the manner described in this section, and in particular to provide better services, products and features. Your permanent location information may be shared with third parties, on the same terms and for the same purposes as other Personal Data may be shared, and in particular to offer and promote products and services by DIGITAL57 or our partners, third parties and business allies, to send notifications, notices or advertisements, or for statistical or other purposes.

By providing us with your e-mail address, you expressly authorise us to send you messages by this means, and you authorise us to use e-mail as a means of communication with you. We may send you information of any nature about products and services, including commercial, from DIGITAL57 or third parties with whom DIGITAL57 has commercial, contractual or operational relationships. If you do not wish to receive e-mails from DIGITAL57, and you have a user account, you must modify the settings of your user account to indicate your preference. In any case, please note that if you do not wish to receive legal notices from us, such as notices relating to this Data Policy, such legal notices will still govern the use of the Services and the User is responsible for checking whether changes have been made to such legal notices or to the validity of the legal content.

By providing us with your mobile phone number, you expressly authorise us to send you text messages, multimedia or notifications by this means. We may send you information of any nature about products and services, including commercial, from DIGITAL57 or third parties with whom DIGITAL57 has commercial, contractual or operational relationships. If you do not want to receive text messages from DIGITAL57, and you have a user account, you must modify your user account settings to indicate your preference.

The Personal Data and other information you provide to us may be used to be combined with other user or third party information obtained from other technology platforms, sites or applications for the purpose of statistical analysis and metrics to understand how the Services are used, and how we can improve the User experience.

USERS' RIGHTS

DIGITAL57 informs you that you, as the owner of Personal Data, have the following rights:

Know, update and correct your Personal Data before DIGITAL57. This right may be exercised, among others, in relation to partial, inaccurate, incomplete, divided, misleading information or information whose processing is prohibited or unauthorised.

To require proof of consent given to DIGITAL57 for the collection and processing of their Personal Data, to have access to their Personal Data that is processed by DIGITAL57 and in general, to be informed by DIGITAL57 of the processing of their Personal Data.

Revoke the authorisation granted to DIGITAL57 and/or request the deletion of your Personal Data when you consider that DIGITAL57 is not respecting the constitutional and legal principles, rights and guarantees. In such a case, it is important for You to know that DIGITAL57 requires You to provide minimum information in order to open an account as a User and to maintain it. The revocation of the authorization and/or the request for deletion of such minimum information, implies the need to close your user account.

Have access to the Personal Data that DIGITAL57 has collected and processed.

If you are not satisfied with the way in which DIGITAL57 treats your Personal Data or have a complaint or grievance, you may submit a communication to the data protection officer of DIGITAL57 at info@digital57.co.

If DIGITAL57's data protection officer does not resolve your concerns or does not address your complaint, you may contact the Superintendence of Industry and Commerce to submit your concerns, complaints or claims if you believe that DIGITAL57 has violated your habeas data rights or the provisions of Law 1581 of 2012, Decree 1377 of 2013 and other regulations that modify, add or complement them.

PROCEDURE AND HANDLING OF QUERIES AND COMPLAINTS

The queries and/or complaints that the user wishes to submit to DIGITAL57 will be dealt with by means of the following procedure:

 Consultations:

Users or their successors in title may consult the Personal Information used on the Site with respect to the User. If necessary, and to the extent that such information is not contained in the User's Account, the query will be sent in writing to the e-mail address info@digital57.co.

The query will be dealt with within a maximum of ten (10) working days from the date of receipt of the same. If it is not possible to deal with the query within this period, the interested party shall be informed, stating the reasons for the delay and indicating the date on which the query will be dealt with, which in no case may exceed five (5) working days following the expiry of the first period.

Claims:

Users or their assignees who consider that the information contained in the Site should be corrected, updated or deleted, when they notice the alleged breach of any of the duties contained in the applicable laws, or when they intend to revoke the authorization granted by this document, may file a claim with DIGITAL57, which will be processed under the following rules:

The claim shall be made by written request addressed to the e-mail address info@digital57.co, with the identification of the User, the description of the facts giving rise to the claim, the address, and accompanied by the documents to be asserted. If the claim is incomplete, the interested party will be required within five (5) days of receipt of the claim to rectify the faults. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that the claim has been withdrawn.

In the event that the person who receives the complaint is not competent to resolve it, he/she will transfer it to the appropriate person within a maximum of two (2) working days and inform the interested party of the situation.

Once the complete claim has been received, a legend stating "claim in process" and the reason for the claim will be included on the Site, where the information is stored, within a period of no more than two (2) working days. This legend must be maintained until the claim is decided.

The maximum term to deal with the claim will be fifteen (15) working days from the day following the date of receipt. When it is not possible to deal with the claim within this period, the interested party will be informed of the reasons for the delay and the date on which the claim will be dealt with, which in no case may exceed eight (8) working days following the expiry of the first period.

The User or his/her assignees may only lodge a complaint with the Superintendency of Industry and Commerce once the consultation or complaint procedure has been exhausted before the Data Controller or Data Processor.

PROTECTION OF PERSONAL DATA

DIGITAL57 has adopted effective, appropriate and reasonable technological and human measures to protect your Personal Data from loss, misuse, unauthorised access, disclosure, alteration and destruction. The Personal Data of each User that is stored in the User's account is protected by a password for privacy and security. You should prevent unauthorised access to your account and personal information (including Personal Data) by selecting and protecting your password appropriately and by limiting access to your computer and browser by logging out at the end of your account access.

DIGITAL57 strives to protect the Personal Data and other information and data of the User to ensure that it is kept private. However, DIGITAL57 cannot guarantee the complete and absolute security of Personal Data and other User account information. Unauthorized access or use, hardware or software failures and other factors could compromise the security of the User's information at any time.

The Services may contain links to other sites. DIGITAL57 is not responsible for the privacy policies and/or practices of other sites, including those of Clients. When the User uses links to other sites, the User is responsible for reading the privacy policy that appears on that site. This Data Policy only applies to information collected on the Service.

Information about our Users, including Personal Data, is an integral part of our business. However, DIGITAL57 is under no obligation to retain a copy, in any medium or format, of the Personal Data or any other information provided by the User, except for the express, prior and informed consent that You have given us about your knowledge and acceptance of this Data Policy. The User is responsible for the preservation of the original version of the Personal Data and other information provided to us.

We do not guarantee that Customers will follow our rules or our Data Policy, nor are we responsible for the use they make of the information you provide to them.

USE OF COOKIES, PIXELS AND SIMILAR TECHNOLOGIES

Cookies are small pieces of data that are stored on your computer, mobile phone or other device. Pixels are small blocks of code on web pages that do things such as allow another server to measure views of a web page, and are often used in connection with cookies.

DIGITAL57 uses technologies such as cookies, pixels and local storage (such as in your browser or device, which is similar to a cookie, but has more information), among other things, to provide you with a better service and to enable you to have more efficient products and services. By using our Services through your computer or mobile device, the User authorizes DIGITAL57 to use cookies, pixels and local storage.

However, if the User does not wish to grant this authorisation, it is important to know that most web browsers have an option to disable the cookie function, which prevents your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide whether you wish to accept each new cookie in a variety of ways. 

DIGITAL57 may also ask Clients, advertisers or other business partners to serve advertisements or services on computers, mobile phones or other devices, which may use a cookie, pixel or other similar technology placed by DIGITAL57 or the third party (although we will not share any other information that identifies you with an advertiser). This Data Policy only governs the processing by DIGITAL57, including the use of cookies, and therefore the use of cookies by Clients, third parties and suppliers shall be governed by their own Personal Data Processing Policy.

OTHER

When you use the Services, DIGITAL57 automatically receives and records on the server information about your browser or mobile platform, IP address, cookie information and the page you requested. Although we treat this information as personal data, it is important for You to know that DIGITAL57 only uses this data in aggregate form, i.e. to inform our partners and allies about how our Users, collectively, use our Services, so that our partners can also understand how often people use their services and our Services.

DIGITAL57 also receives and stores information from third parties who interact in some way with the Services, or who provide services to us in connection with the Services. 

The Services may contain links to other websites. DIGITAL57 is not responsible for the Personal Data Processing Policies of such websites, their compliance, etc. When the User uses links to other sites, the User is responsible for informing himself/herself about the Personal Data Processing Policy of such sites.

VALIDITY

This Privacy Policy is effective as of 01 April 2015, and will remain in force until it is expressly modified by DIGITAL57, and/or until the eventuality that DIGITAL57 ceases its operations. When there is a substantial modification to the terms of this Policy, DIGITAL57 will inform its Users, by means of a notice on its Site or by email, so that they are aware of the updated version of the Policy so that, if they consider it appropriate, they can exercise their rights as holders of Personal Data.

JUAN MANUEL HOYOS VEGA

General Manager