ONCLAS

Terms and Conditions

Please read this website privacy policy carefully as it contains important information about who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and how to contact us and the supervisory authorities if you have a complaint.
This website privacy policy is divided into the following sections:
 

About us

Our website

Our collection and use of your personal information

Transfer of your information outside of Colombia.

Cookies and similar technologies

Marketing

Your rights

Keeping your personal information secure

How to complain

Changes to this website’s privacy policy

How to contact us

Need additional help?

WHO WE ARE

 
ONCLAS – Aburra Valley Investment s.a.s, is a commercial company, dedicated to the advertising field, with its main address in Medellin, Colombia, who recognizes the importance of security, privacy and confidentiality of personal data of its customers, users, employees, suppliers, shareholders, partners and in general of all its stakeholders with respect to which it exercises treatment of personal information, therefore, in compliance with constitutional and legal provisions, and being ONCLAS, responsible for its actions and guided by its corporate values, has created this Policy for the Processing of Personal Data, in accordance with the provisions adopted by Law 1266 of 2008 and Law 1581 of 2012, as well as its regulatory decrees.
 
The following is a list of the main regulations in force in Colombia regarding the protection of personal data, to whose compliance ONCLAS is fully committed and which have been taken into account for the purposes of the development of this Policy and the Integrated Personal Data Management System.
 
Article 15 of the Political Constitution of Colombia
Statutory Law 1266 of 2008
Law 1273 of 2009
Statutory Law 1581 of 2012
Decree 1377 of 2013
Decree 886 of 2014
Decree 1074 of 2015
Title V of the Sole Circular of the Superintendence of Industry and Commerce.
OUR WEBSITE.
 
This website We collect, use and are responsible for certain personal information about you. When we do so, we are regulated by the General Data Protection Regulation which applies throughout Colombia and we are responsible as the “controller” of that personal information for the purposes of those laws.
 
This privacy policy applies to your use of our website, www.onclas.com.
 
OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION
 
ONCLAS will request authorisation so that the user gives prior, express and informed consent to the processing to which their personal data is subject.
 
The authorization may also be obtained from unequivocal conduct of the data subject, which allow us to reasonably conclude that he/she has given his/her consent to the processing of his/her information. Such conduct must clearly externalise the will to authorise the processing.
 
The consent of the data subject may be obtained by any means that may be subject to subsequent consultation, such as written, verbal or virtual communication or by unequivocal conduct.
 
By virtue of its nature and corporate purpose, ONCLAS receives, collects, records, preserves, stores, modifies, reports, consults, delivers, transmits, transfers, shares and deletes personal information, for which it obtains the prior authorization of the holder.
 
The authorisation granted by the owners of the information to ONCLAS allows, among other things, the following purposes:
 
We collect personal information about you when you contact us through our website, including when you place orders and submit enquiries.
 
We collect this personal information from you directly, such as when you contact us or purchase products, or indirectly, such as your browsing activity while on our website (see “Cookies” below).
 
The personal information we collect about you depends on the specific activities you perform through our website. This information includes
 
your name, address and contact details
date of birth
bank account and payment details
details of any comments you make to us by telephone, email, post or through social networking sites
information about the services we provide to you
your account details, such as your username and login details
we use this personal information to create and manage your account with us
verify your identity
provide goods and services to you
customise our website and its content according to your individual preferences
notify you of any changes to our website or services that may affect you
improve our services
This website is not intended for use by children and we do not knowingly collect or use personal information relating to them.
 
OUR LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
 
When we use your personal information we are required to have a legal basis for doing so. There are a number of different legal bases we may rely on, depending on what personal information we process and why.
 
The legal bases we may rely on are as follows
 
consent: where you have given us clear consent for us to process your personal information for a specific purpose
contract: where the use of your personal information is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
legal obligation: where the use of your personal information is necessary to comply with the law (not including contractual obligations)
legitimate interests: where the use of your personal information is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal information that overrides our legitimate interests).
The following is a list of the main regulations in force in Colombia regarding the protection of personal data, to whose compliance ONCLAS is fully committed and which have been taken into account for the purposes of the development of this Policy and the Integrated Personal Data Management System.
 
Article 15 of the Political Constitution of Colombia
Statutory Law 1266 of 2008
Law 1273 of 2009
Statutory Law 1581 of 2012
Decree 1377 of 2013
Decree 886 of 2014
Decree 1074 of 2015
Title V of the Sole Circular of the Superintendence of Industry and Commerce.
 
WITH WHOM WE SHARE YOUR PERSONAL INFORMATION
 
We routinely share your name and delivery address with our delivery partners.
 
This sharing of data enables our delivery partners to ship products to you.
 
We will share personal information with law enforcement or other authorities if required to do so by applicable law.
 
We will not share your personal information with any other third parties.
 
 WHETHER THE INFORMATION NEEDS TO BE PROVIDED BY YOU, AND IF SO, WHY
 
We ask you to provide us with your name, address, delivery address (if different) and bank details so that we can receive your payment and deliver the products to you. We will inform you, at the time of collecting your information, if it is necessary for you to provide it.
 
TRANSFER OF YOUR INFORMATION OUTSIDE OF COLOMBIA
 
We may transfer your personal information to certain areas outside Colombia) where necessary to deliver products to you if you are based outside Colombia:
 
These countries do not have the same data protection laws as Colombia.
 
For more information, please contact us (see “How to contact us” in the terms and conditions on our website). Otherwise, we will not transfer your personal data outside the area covered by Colombia or to any organisation (or subordinate bodies) governed by public international law or established pursuant to any agreement between two or more countries.
 
 COOKIES AND OTHER TRACKING TECHNOLOGIES
 
Cookies are small files that are stored on the computer and show the owner of the pages, information about the consumption habits of users such as what they consult on the internet, which pages they visit, which pages they browse first or second, at what times of the day and how many times, among other data.
 
It is our duty to inform that ONCLAS in order to improve its service on the website and digital applications, uses its own cookies in order to optimize the experience of our customers and users, monitor statistical information, present content and advertising related to user preferences when browsing our website, platforms and / or technological and / or digital applications.
 
The information collected through cookies is encrypted and will not be used to identify and/or reveal user information.
 
MARKETING
 
We would like to send you information about our products that may be of interest to you. Where we have your consent or it is in our legitimate interest to do so, we may do so by post, email, telephone, text message (SMS) or automated call.
 
[We would also like to share your information with selected developers who provide software for use in our products so that they can send you information about their services, subject to your agreement with us.
 
We will only ask you whether you want us and other companies to send you marketing messages when you tick the relevant boxes when ordering products on our website.
 
If you have agreed to be contacted in this way, you may unsubscribe at any time:
 
by contacting us via our website
using the “unsubscribe” link in emails or the “STOP” number in text messages.
This can take up to five days to complete.
 
For more information about your rights in relation to marketing, please see “Your rights” below.
 
YOUR RIGHTS
 
Under the current regulations on the protection of Personal Data, in accordance with the provisions of Law 1266 of 2008, Law 1581 of 2012, Decree 1074 of 2015 and other provisions that modify, add to or complement them, you have a number of important and free rights. In short, these are the rights to
 
fair processing of information and transparency about our use of your personal information
access your personal information and other supplementary information already covered by this Privacy Notice
require us to correct any inaccuracies in the information we hold about you
require the deletion of personal information about you in certain situations
receive the personal information about you that you have provided to us in a structured, commonly used and machine-readable format, and have the right to transfer that information to a third party in certain situations
object at any time to the processing of personal information about you for direct marketing purposes
object to decisions being made by automated means which produce legal effects concerning you or which significantly affect you in a similar way
object, in other situations, to our further processing of your personal data
restrict the processing of your personal data in certain circumstances
claim compensation for any damage caused by a breach of data protection law.
For more information on each of these rights, including the circumstances in which they apply, please see the online platform https://mintic.gov.co/portal/inicio/Secciones-auxiliares/Politicas/2627:Politicas-de-Privacidad-y-Condiciones-de-Uso on the rights of individuals under the General Data Protection Regulation.
 
If you wish to exercise any of these rights, please
email, call or write to us,
provide us with sufficient information to identify you,
provide us with proof of your identity and address (a copy of your driving licence or passport and a recent utility bill or credit card), and
tell us the information to which your request relates, including account or reference numbers, if you have them.

KEEPING YOUR PERSONAL INFORMATION SECURE
 
We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised manner. We limit access to your personal information to those who have a genuine business need to know. Those who process your information do so only on an authorised basis and are bound by a duty of confidentiality.
 
We also have procedures in place to deal with any suspected breach of data security. We will notify you and any applicable regulator of a suspected data security breach where we are legally obliged to do so.
 
QUERIES, COMPLAINTS AND GRIEVANCES
 
Users of the Digital Platform when they need to make an enquiry, complaint or grievance may make use of:
 
Consultations
Data subjects, their successors in title or any other person who may have a legitimate interest may request to be informed about the user’s personal data stored in any ONCLAS database.
 
In accordance with the above, ONCLAS will guarantee the right of consultation by disclosing the personal information linked to the user.
 
Queries concerning issues of access to information, records of the authorization granted by the user, uses and purposes of personal information, or any other query related to the personal information provided by the user must be submitted through the channels enabled by ONCLAS.
 
The query will be answered within a maximum period of ten (10) working days from the date of receipt of the same.
 
When it is not possible to answer the query within the term provided, the interested party will be informed, stating the reasons for the delay and the date on which the query will be answered, which shall not exceed five (5) working days following the expiry of the first term, in accordance with the provisions of Article 14 of Law 1581 of 2012.
 
Complaints
Correction, updating, deletion and revocation of information
 
The owners, their assignees or any other person with a legitimate interest, who consider that the information contained in any of the ONCLAS databases should be subject to correction, updating or deletion or who notice a possible breach of the duties established in Law 1581 of 2012 and its regulatory decrees, may file a claim following the requirements of Article 15 of the same law.
 
Requirements for filing a complaint:
 
Identification of the user or the person filing the complaint, stating their name and identification number.
Describe the reason for the claim clearly and expressly, stating the facts that gave rise to the claim, presenting the documents that he/she intends to assert.
Provide proof of the legitimate interest of the person making the claim and attach, if necessary, the corresponding supporting documents.
Indicate the telephone number, physical or electronic address to which the response to the request is to be notified and sent.
In any case, if the claim is incomplete, the interested party will be required within five (5) days of receipt of the claim to rectify the faults. If after two (2) months from the date of the requirement, without the applicant submitting the required information, ONCLAS will understand that the claim has been withdrawn.
 
When ONCLAS is not competent to resolve the claim submitted, it will be transferred to the appropriate person within a maximum period of two (2) working days, and the interested party will be informed of this situation.
 
In the event that the claim is received complete, a legend will be included in the database that says “in process” and the reason for it, within a period not exceeding two (2) working days. This legend
 
will remain until the complaint is resolved and will be adjusted in accordance with internal procedures.
 
However, the maximum term to deal with the complaint will be fifteen (15) working days from the day following the date of its receipt. When it is not possible to deal with it within this period, the interested party will be informed of the reasons for the delay and the date on which the claim will be resolved, which in no case may exceed eight (8) working days following the expiry of the first period.
 
Revocation of authorisation
 
In case of requesting the revocation of the authorization of their personal data, ONCLAS will analyze the request made and will inform the holder if this revocation proceeds.
 
However, the revocation of the authorization will not proceed if the user has a legal or contractual duty to remain in the database managed by ONCLAS.
 
The queries and complaints submitted will be processed in accordance with internal processes and procedures.
 
We look forward to resolving any queries or concerns you raise about our use of your information. The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority if there has been an alleged breach of data protection laws in the relevant state.
 
CHANGES TO THIS WEBSITE PRIVACY POLICY
 
This website privacy policy was published on 1 January 2021 and was last updated on 1 January 2021.
 
We may change this website privacy policy from time to time, when we do we will inform you via our website.
 
HOW LONG THE WEBSITE PRIVACY POLICY IS IN FORCE.
 
Personal data will be subject to processing by ONCLAS for the contractual term in which the website user has the product, service, contract or relationship, plus the term established by law.
 
HOW TO CONTACT US
 
ONCLAS has enabled for users the following channels of care for the exercise of their rights to know, update, rectify and / or delete your personal information.
 
Virtual branch:
 
Telephone branch:
 
Please contact us if you have any questions about this privacy notice or the information we hold about you.
 
TRANSFER AND TRANSMISSION OF PERSONAL DATA
 
From time to time ONCLAS, as the party responsible for the personal information stored in its databases and in furtherance of the purposes described herein, may transfer or transmit data nationally or internationally.
 
ONCLAS is committed to verify the level of protection and security standards of the country receiving the personal information, make the declaration of conformity (where applicable) and sign a transfer contract or other legal instrument to ensure the protection of personal data subject to transfer.
 
In order to protect the information, ONCLAS. will verify whether the Superintendence of Industry and Commerce has included the respective country in the list of countries that offer an adequate level of data protection or will review the regulations in force in the country receiving the information, to determine whether it has the appropriate conditions to ensure adequate levels of security for the information subject to transmission or transfer.
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