Initially we want to thank you for visiting the website of The Red de Litigantes de las Americas and trusting us to inform you., know or ask questions about the rights of the LGBTI population in Latin America, We must inform you that this website is managed and is the responsibility of COLOMBIA DIVERSA, Therefore, in this case, the same usage rules that Colombia Diversa has for the processing of your personal data will apply..
This document seeks to present the personal data processing policies that every entity in development of the Law must have. 1581 of 2012. In this you can find all the guidelines, guidelines and principles that will govern the processing of personal data carried out by COLOMBIA DIVERSA in the execution of its missionary activities.
COLOMBIA DIVERSA is an organization that works to defend the human rights of LGBTI people and for inclusion, respect for the integrity of rights, the recognition and mobilization and visibility of LGBTI people in the economic spheres, social, political and cultural, in order to contribute to the construction of a democratic society, modern and with social justice in Colombia. COLOMBIA DIVERSA recognizes the importance of security, privacy and confidentiality in the processing of personal data of all people with whom it has a relationship, For this reason, it has adopted a series of measures that seek to guarantee compliance with the Law. 1581 of 2012 and its regulatory decrees and at the same time provide a guarantee of compliance to all people that at all times it carries out adequate processing of their personal data..
Within this policy you will find a series of principles and rights that the owners of personal data have and after that you will find the detailed procedure to exercise your right to consult, claim or request the deletion and/or revocation of the authorization, as well as the appropriate means of consultation for this purpose.
The objective of this document is to establish the criteria for the processing of personal data collected by COLOMBIA DIVERSA in accordance with the guidelines established by the Law. 1581 of 2012 y, in addition, comply with the provisions of literal K of the article 17 of the aforementioned law.
This policy applies to all personal information of natural persons registered., in the COLOMBIA DIVERSA databases, who acts as the person responsible or in charge of the processing of personal data in the development of their activity and management, complying with the provisions of the Law 1581 of 2012 and other provisions that modify it, add or complement. This policy is aimed at citizens, suppliers, donors, contractors, employees in general from all its interest groups, about which COLOMBIA DIVERSA processes personal information. Equally, This treatment policy will be mandatory for all contractors., employees, volunteers, suppliers and in general with any natural or legal person with whom COLOMBIA DIVERSA maintains or enters into a contractual relationship
Authorization: Prior consent, express and informed consent of the Owner to carry out the Processing of personal data.
Database: Organized set of personal data that is subject to Processing.
Personal data: Any information linked or that can be associated with one or several specific or determinable natural persons.
Dato sensible: Sensitive data: those that affect the privacy of the Owner or whose improper use may generate discrimination., as well as data relating to health, to sexual life and biometric data.
Treatment Manager: Natural or legal persona, public or private, that by itself or in association with others, carry out the Processing of personal data on behalf of the Data Controller.
Data Controller: Natural or legal persona, public or private, that by itself or in association with others, decide on the database and/or Data Processing.
Titular: Natural person whose personal data is the subject of Processing.
Treatment:Any operation or set of operations on personal data, such as collecting, storage, use, circulation or suppression.
The data processing carried out by COLOMBIA DIVERSA will be governed by the principles contained in the Law 1581 of 2012, its regulatory decrees and, additional to it, for the following:
COLOMBIA DIVERSA is an organization that respects people's sexual orientation and gender identity.. For this reason, will always use the pronouns and name provided by the owner of the personal data, regardless of whether it corresponds to the data recorded in your identity document.
COLOMBIA DIVERSA will have as its guiding principle confidentiality and not carrying out actions that cause harm when a person seeks to provide services or as a beneficiary of a project.. This includes protection in the processing of personal data and will only request the personal data strictly necessary for the provision of the service..
COLOMBIA DIVERSA will process the personal data it collects, store, collect, either in the role of person responsible or in charge of processing, taking into account the principles established in the Law 1581 of 2012 and also the purposes, which in any case will be presented to the owner at the time of requesting authorization for the treatment.. Additionally, The processing includes the possibility that personal data is transmitted to allied organizations, donors or project financiers, case in which the owner will be informed, especially when it comes to sensitive data.
SENSITIVE DATA: The Law 1581 of 2012 prohibits the processing of sensitive personal data in general, excepting only some causes, among them the one established in the article 6 literal c of the aforementioned law, Therefore, COLOMBIA DIVERSA will process sensitive data within the framework of its legitimate functions as a civil society organization., solely for the purpose of guaranteeing its mission objectives and in any case requesting authorization for the processing of said data as will be seen later..
a. Databases of recipients of the organization's services: This database gathers the data of the people who receive the services that COLOMBIA DIVERSA provides as a civil society organization and its purpose is to keep a record of the people who are beneficiaries of the services provided by the organization.. The information contained therein serves as input for the reports that COLOMBIA DIVERSA must prepare for the donors of the different projects and may contain public data., private and sensitive.
Possibly, This database can be used to contact beneficiaries in order to know their satisfaction with the care provided., to manage additional information about your queries and cases, to continue with the provision of the service and others. In any case, Within the authorization for the processing of personal data, this option will be indicated and the person will be free to select if they wish to participate in subsequent evaluations..
b. Donor Database: As a civil society organization, COLOMBIA DIVERSA receives donations from natural and legal persons, whose data will be organized in a database whose purpose is to compile the tax information required by the authorities.. This database contains data of a public and private nature that is provided by the owners at the time of making the donation..
c. Collaborative database, contractors, volunteers and interns: This database brings together all the data of the people who provide their services for COLOMBIA DIVERSA and its purpose is effective contractual management., in each of the stages, and comply with the civil and labor regulations that apply depending on the case.. This database contains personal data of a nature, public, private and sensitive and will be for the exclusive use of COLOMBIA DIVERSA, Therefore, personal data will only be transmitted if necessary for compliance with legal and contractual obligations..
d. Database of beneficiaries of the organization's programs: The data of the beneficiaries of the services, Programs and projects carried out by the organization itself or through third parties will be consolidated in a database that will contain personal data., public, private and sensitive of the participants. The purpose of this is the effective management of information and the presentation of reports to donors and other entities with which COLOMBIA DIVERSA has contracts or agreements.. In any case, the security and guarantee of the rights of users will be ensured., whose due authorization for the processing of personal data will be.
The COLOMBIA DIVERSA facilities and their surroundings are video recorded at all times in order to guarantee the security of the space and the constant monitoring of them.. The personal information that is collected on this occasion will be stored for a period no longer than 90 days.
Video surveillance will be informed through visible notices inside and outside the facilities so that people who enter are clear that they are being videotaped..
COLOMBIA DIVERSA will request authorization from the owner of the information in order to grant prior and informed consent for the processing of their personal data for the purposes contemplated in this policy..
The consent of the owner may be provided by any means that can be subject to subsequent consultation., such as electronic media, written communication, verbal.
The authorization that the owner grants to COLOMBIA DIVERSA allows, among other things, to use the personal data and other information provided for the purposes of the organization and the exercise of its corporate purpose., and carry out the normal processes that arise from the provision of services, missionary projects and/or administrative procedures that are executed within the organization.
Taking into account the purposes and object of COLOMBIA DIVERSA, In many cases, the processing of sensitive data will be necessary for the provision of services., inclusion in projects and in general for the missional activities of the organization. In such case, Authorization will always be requested from the owner of the personal data and the owner will be warned of the following:
1. You are not required to give your authorization or consent for the processing of this type of information..
2. You will be informed in advance and explicitly what sensitive data will be requested..
3. It will communicate the purpose of the treatment that will be given to sensitive data..
In the best interests of children, girls and adolescents and the prevalence of their rights over others, COLOMBIA DIVERSA —as a civil society organization with the constitutional duty of assistance and protection of children, girls and adolescents to guarantee their harmonious and comprehensive development and the full exercise of their rights—may exceptionally dispense with requesting authorization from the legal representative of the minor for the processing of their data when their fundamental rights, especially life, integrity, health or the free development of your personality, are at serious and imminent risk due to situations of physical or moral violence, abandonment or severe parental neglect. In any case, COLOMBIA DIVERSA will respect the right of the child, girl or adolescent to be heard and will only process those data that are absolutely essential to guarantee their best interests, prior assessment of maturity, autonomy and capacity of the minor to understand the matter in question.
The Law 1581 of 2012 establishes a series of cases in which authorization is not necessary for the processing of personal data, regarding which COLOMBIA DIVERSA can deal with in the development of its missionary activity. These cases in which authorization will not be necessary are the following::
1. Information required by a public or administrative entity in the exercise of its legal functions or by court order.
2. Public data.
3. Medical or health emergency cases.
4. Processing of information authorized by law for historical purposes, statisticians or scientists (Case in which the information will be anonymized).
5. Data related to the Civil Registry of Persons.
The owners of personal data have a series of rights which are contained in the Law 1581 of 2012 and its regulatory decrees, like the decree 1377 of the 2013. Among these are the rights of the guardian to:
8.1 Know, update and rectify your personal data against COLOMBIA DIVERSA This right may be exercised, among others against partial data, inaccurate, incomplete, fractionated, that mislead, or those whose Treatment is expressly prohibited or has not been authorized.
8.2 Request proof of the authorization granted to the Data Controller except when it is expressly excepted as a requirement for the Treatment., in accordance with the provisions of article 10 of this law.
8.3 Be informed by COLOMBIA DIVERSA upon request about the use that has been given to your personal data.
8.4 Submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of this law and the other regulations that modify it., add or complement.
8.5 Request the revocation of the authorization and/or request the deletion of the data when COLOMBIA DIVERSA has engaged in conduct contrary to this law and the Constitution.
The above rights may be exercised by the following people:
The owner of the personal data.
For his successors.
By the representative and/or attorney of the Owner, prior accreditation of the
representation or power of attorney.
COLOMBIA DIVERSA is aware of its responsibility in the processing of personal data, either as responsible or in charge of data processing. In that sense, the organization is committed to:
9.1 Guarantee the Owner, at all times, the full and effective exercise of the right of habeas data through the service channels established in this policy.
9.2 Keep a copy of the authorizations granted by the owners of the information.
9.3 Inform about the purposes of the collection, the use and rights that assist you by virtue of the authorization granted.
9.4 Have security protocols and infrastructure to prevent adulteration, loss or unauthorized access to personal data collected.
9.5 Guarantee that the information that is transmitted or transferred to third parties has authorization to process personal data.
9.6 Rectify information when you know it is incorrect.
9.7 Require third parties with whom you transmit or transfer personal data that they have the security and privacy conditions to guarantee the same standards implemented by Colombia Diversa..
9.8 Process claims and queries in the terms established by law and by this treatment policy..
9.9 Adopt an internal manual of policies and procedures to guarantee adequate compliance with the law 1581 of 2012.
9.10 Inform the data protection authority when violations of security codes occur and there are risks in the administration of the Owners' information..
9.11 Follow the instructions.
In compliance with personal data protection regulations, COLOMBIA DIVERSA has established the following procedure so that the owners of the information can exercise them fully and with all the guarantees.
The right to consultations consists of the power of the data owner, his successors, or anyone with a legitimate interest in submitting queries to COLOMBIA DIVERSA in order to know what personal data of the owner is processed by COLOMBIA DIVERSA..
According to the above, COLOMBIA DIVERSA will guarantee the right to consultation, making known the personal information linked to the owner.
Queries will be presented through the channels enabled for this purpose and will be responded to within a maximum of ten (10) business days counted from the date of receipt thereof. When it is not possible to respond to the query within said term, the interested party will be informed, expressing the reasons for the delay and the date on which the query will be attended, which will not exceed five (5) business days following the expiration of the first term, in accordance with the provisions of article 14 of the Law 1581 of 2012.
The claims consist of a request that the Owner or his successors in title consider that the information contained in a database should be corrected., update or deletion, or when they notice the alleged breach of any of the duties contained in this policy or in the law., may present a claim to COLOMBIA DIVERSA.
The claim will be made through a request addressed to COLOMBIA DIVERSA through the established channels., with the identification of the Owner, the description of the facts giving rise to the claim, the address, and accompanying the documents that you want to assert.
Once the claim is received, A legend will be included in the database that says “claim in process” and the reason for it., in a term not greater than two (2) business days. Said legend must be maintained until the claim is resolved..
The maximum term to address the claim will be fifteen (15) business days counted from the day following the date of receipt. When it is not possible to address the claim within said term, The interested party will be informed of the reasons for the delay and the date on which their claim will be addressed., which in no case may exceed eight (8) business days following the expiration of the first term.
The owners of personal data have the right to request the deletion of personal data and/or the revocation of the processing authorization taking into account the following reservations:
Suppression: Deletion means eliminating from COLOMBIA DIVERSA's databases all or part of the personal data held about the owner., However, this deletion will not apply in cases in which a record must be maintained either by mandate of law or by contractual links that the owner maintains or has maintained with COLOMBIA DIVERSA..
Revocation of Authorization: The revocation of the authorization consists of the power that the owner has to revoke the authorization previously granted to COLOMBIA DIVERSA., This will only proceed when it is not necessary to continue processing the information by law or for contractual purposes..
Once you receive a request to delete the information or revoke the authorization, COLOMBIA DIVERSA will proceed to the analysis of said application submitted, application which must contain at least identification of the owner, contact details, reasons or facts on which the request refers.
COLOMBIA DIVERSA as Responsible for the Processing of Personal Data, is authorized to exercise the rights of the owners:
Email: protecciondedatos@colombiadiversa.org
Area Responsible for Claims: The area of COLOMBIA DIVERSA in charge of ensuring compliance with this policy is the Executive Directorate, who will advance the processing of the owners' requests to make their rights effective. This will have direct communication with those responsible for the different databases previously identified and processed by COLOMBIA DIVERSA., in order to guarantee that all the aspects indicated are duly included and that the duties stipulated by the Law are fulfilled.
DIVERSE COLOMBIA, may modify the terms and conditions of this policies and procedures document as part of the effort to comply with the obligations established by the Law. 1581 of 2012, regulatory decrees and other norms that complement, modify or repeal what is contained in this document. In case this happens, se publicará el nuevo documento de políticas y procedimientos en la página web www.colombiadiversa.org o en cualquier otro medio que se considere pertinente.
La Presente Política rige a partir del día (8) February 2022.
