Terms and Conditions

LEGAL TERMS

In this agreement, you will find the general Terms and Conditions, applicable to the purchase of products and use of the services offered by the company, ORTIZO SAS identified with Nit: 890.206.354-7, telephone numbers: (57)(1)3297777 - E-mail: info@ortizo.com.co ., located at Carrera 7° No. 56a- 54 of the city of Bogotá, of the Republic of Colombia, through the WEB Page, based on the Statutory Law 1581 of 2013, partially regulated by National Decree 1377 of 2013, which will have full application in this agreement, as well as the modifications that subsequently come into force.

Ortizo SA, hereby announces the products, services, promotions, events, and activities related to its Vision and Mission, and states that the personal data included in its databases have been collected for the development of various procedures. in order to achieve the goals through the offering of products and services, which make up its corporate purpose, fully identified and registered with the Bogotá Chamber of Commerce.

Your personal data will be included in a database and used for the following purposes:

  • Obtain efficient communication in relation to our products, services, distributions, offers, promotions, discounts, as well as to provide you with access to your information.
  • Offer, sell, promote our products.
  • Inform you about new products or services.
  • Inform you about changes to our products or services.
  • Comply with the obligations contracted with our clients, suppliers and employees.
  • Evaluation of the quality of our products and service.
  • Conduct surveys and do statistical studies.

DEFINITIONS:

AUTHORIZATION: Prior, 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 Treatment.

SOURCE OF INFORMATION: It is the person, entity or organization that receives or knows personal data of the Owners of the information, by virtue of a commercial or service relationship or of any other nature (that generates one or more obligations between the source and the Owner), and that, by reason of legal authorization or the Owner, provides these data to an information operator, who in turn will deliver them to the end user.

PERSONAL DATA: Any information linked or that can be associated with one or several specific or determinable natural persons.

DATA PROCESSOR: Natural or legal person, public or private, who, by themselves or in association with others, carries out the Processing of personal data on behalf of the Data Controller.

RESPONSIBLE FOR THE TREATMENT: Natural or legal person, public or private, who alone or in association with others, decides on the database and/or the Processing of the data.

OWNER : It is the natural person whose personal data is in a Data Bank and is the object of the Treatment.

USER: The natural or legal person who can access the personal commercial, credit and financial information of one or more owners, provided by the operator, by the source, or directly by the Owner of the information.

INFORMATION OPERATOR: It is the person, entity or organization that receives from the source, personal data about various holders of the information, manages it and makes it known to the users, who for this purpose are CIFIN and DATACREDITO, COVINOC or anyone. of legally authorized operators.

PROCESSING: Any operation or set of operations on personal data, such as collection, storage, use, modification, addition, circulation or deletion.

RIGHT OF HABEAS DATA: It is the right that all people have to know, update and rectify the information that has been collected about them, in data banks and in files of public and private entities.

NATIONAL REGISTRY OF DATABASES: It is the public directory of databases subject to Treatment that operate in the country. It is regulated by National Decree 886 of 2014. This registry is administered by the Superintendency of Industry and Commerce and will be free for citizens to consult.

PRIVACY NOTICE: Verbal or written communication generated by the CONTROLLER, which is made available to the OWNER, for the PROCESSING of their personal data, through which they are informed about the existence of the information PROCESSING POLICIES that will be applicable to them. , the way to access them and the purposes of the TREATMENT that is intended to be given to personal data.

PUBLIC DATA: It is data that is not semi-private, private or sensitive. Public data are considered, among others, data relating to the marital status of people, their profession or trade, and their status as a merchant or public servant. Due to its nature, public data may be contained, among others, in public records, public documents, official gazettes and bulletins, and duly executed judicial rulings that are not subject to confidentiality.

SENSITIVE DATA: Sensitive data is understood to be data that affects the privacy of the OWNER or whose improper use may lead to discrimination, such as data that reveals racial or ethnic origin, political orientation, religious or philosophical convictions, membership in unions, social organizations, human rights organizations or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sexual life, and biometric data.

TRANSFER: The transfer of data takes place when the CONTROLLER and/or PROCESSOR of personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is RESPONSIBLE FOR THE TREATMENT and is located within or outside the country.

TRANSMISSION: PROCESSING of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when its purpose is to carry out PROCESSING by THE PROCESSOR on behalf of the CONTROLLER.

TERMS AND CONDITIONS OF USE:

1.- Access and use of our WEB page has no cost, and the fact of browsing through it with compliance with the established requirements, gives the status of user to whoever does so, and implies total acceptance. , without reservation, of the conditions and terms of use, under the terms of the law and this agreement.

2.- It is understood and accepted and declared by the user, who has read each and every one of the conditions established here and agrees in advance to comply with what is provided here.

3.- The User declares that his entry to the Website is done voluntarily, accepting in advance the conditions for its use, and compliance with the terms and conditions established by ORTIZO SAS as well as the provisions of Colombian law, especially to which law 1581 of 2012, and its regulatory decree 1377 of 2013, refers.

4.- Access to our WEB page is available only to people who have the legal capacity to do so and to contract. If you are going to contract on behalf of a legal entity (company, entity), you must have the capacity and legal authorization to do so, meeting the requirements that Colombian law and this agreement require for your representation.

5.- Minors are not authorized to access our website and/or contract our services, nor are those who have been temporarily suspended or permanently disabled.

6.- Any person who wishes to access our website must accept the Terms and Conditions related here, which are mandatory. Otherwise, you must refrain from entering the site.

7.- It is mandatory to be a user of our website, request registration in the format provided for this purpose, and be approved through direct communication. The aspiring User must fill out the registration form with their exact, precise, truthful, current, authentic and true personal data, since the acceptance of the registration depends on this information. If you include data that is not true, any damage that may arise for the company or third parties will be your sole responsibility and will be subject to legal action before the competent authorities.

8.- ORTIZO.SAS is not obliged to accept the registration as a user of any person on this site. Its non-acceptance does not generate any right in favor of the applicant, nor does it cause any obligation on the part of ORTIZO.SAS.

9. - Ortizo SAS is not responsible for any damages or losses derived from the misuse of the information on the page, since the User understands and accepts that access to this tool, as well as the use that may be made of the services and information contained therein, are the exclusive responsibility of the “user” who makes them. You may make, at any time and without prior notice, modifications to the presentation and configuration of the page, as well as to its contents and services.
10. - Ortizo SAS warns that some of the texts contained on the page, links and/or information included therein may not be true or may not be updated or may have been received or informed by third parties over whom ORTIZO has no control. For this reason, ORTIZO will not be liable for errors or omissions related to information that is not its authorship, nor for any damages or losses that may be caused as a result of the use of said information. It should also be noted that although this is a secure site, it is not free of errors and consequently the general information, as well as the characteristics of the advertised products and prices, may vary due to human or technological errors, manipulation by unauthorized third parties. , viruses or any technological invasion or manipulation event.
11. - Ortizo SAS has the possibility of obtaining magnetic records in order to have evidence of the operations and/or transactions carried out by the “user”.
12. - Ortizo SAS reserves the right to carry out subsequent verifications of any transaction executed by the “user”, as well as to request confirmation of the transaction from the “user”. In addition, Ortizo is able to reject purchases made by the client, either partially or totally, from any offer presented on the page. In such case, Ortizo will credit the client with the money that corresponds to the value of the rejected transaction.
13. PURCHASES AND PROMOTIONS ONLINE SALES

13.1 PROMOTIONS.

Discounts apply only to users who make purchases through our online store www.ortizo.com.co.

Discounts are NOT enabled for Ortizo's marketplace store: Falabella and Mercado Libre, nor for any physical store.

Applies only to products in stock, available in the online store.

The promotion is valid for all departments of Colombia, except the Island regions.

Discounts are made on the value of the product, they do not apply to the shipping value.

Promotion valid until the stipulated time and date or while supplies last. We reserve the right to cancel any transaction that, due to its characteristics, does not comply with the conditions established to access this promotion.

Applies for payments with VISA, MasterCard, American Express, Diners Club, Vía Baloto, Efecty and payments by PSE.

13.2 TERMS AND CONDITIONS DISCOUNTS FROM JULY 24 TO 26, 2020

The terms and conditions relating to the 20% discount on the selected stock are hereby established.

I. Discount mechanics

A discount corresponding to 20% will be made on the selected stock. The value of the product on which the discount is made will be the amount that appears crossed out. The final value will be the amount that appears in black.

The consumer may acquire the 20% discount only by purchasing through the virtual store available on the website: www.ortizo.com.co

The consumer may purchase only one (1) product with the 20% discount. If you purchase two (2) or more products, the 20% discount will only apply to the product with the highest value.

Ortizo SA will have a limited number of products to which the corresponding 20% ​​discount will be applied. These products will be uploaded to the website www.ortizo.com.co. Once the last stock of any type of product has been sold, it will be marked as out of stock (validate availability). According to the above, the 20% discount will be valid until the last stock of each type of product is exhausted.

The 20% discount will be maintained until the last product is sold out according to each category of the limited number of products or until the expiration of the date and time described in the following point of these terms and conditions.

The 20% discount will be exclusive to final consumers. Ortizo SA reserves the right to cancel any transaction that fails to comply with any provision described in both these discount terms and conditions and the general terms and conditions found on the website: www.ortizo.com.co

Ortizo SA reserves the right to reject and cancel any order that, due to its characteristics, Ortizo SA determines does not apply for the 20% discount described in this document. This rejection or cancellation of the order will be made without prior notice to the consumer.

By purchasing a product it is understood that the consumer has accepted these terms and conditions.

The data collected during the validity of the 20% discount will be treated in accordance with the privacy policy and personal data processing available on the website: www.ortizo.com.co.

II. Discount validity

The discount will be valid for purchases made from 12:00 am on July twenty-four (24), 2020 until 11:59 pm on July twenty-six (26), 2020. It is clarified that in case of exhausting the stocks designated to be applicable for the 20% discount, at that moment the validity will be terminated. Therefore, the discount will be subject to product availability or the last time and day indicated. The thing that happens first.

III. Discount coverage

The 20% discount applies solely and exclusively to purchases made through the virtual store available on the website: www.ortizo.com.co

IV. Territory

The 20% discount will only be applied to purchases made in Colombian territory, not island regions.

V. Restrictions

The 20% discount does not apply to the shipping value.

The 20% discount does not apply to the purchase of a second product per consumer.

The 20% discount does not apply to products marked as out of stock.

The 20% discount does not apply to purchases made in person at Ortizo SA retail establishments.

SAW. Contact

If there is any doubt about the 20% discount, the consumer may ask the email servicealcliente@ortizo.com.co.

VII. Applicable law

Consumers accept and acknowledge that the applicable law for any controversy that arises in relation to the discount will be that of Colombia. Therefore, they waive any type of claim in another jurisdiction.

VIII. Divulgation

These terms and conditions are available throughout the duration of the discount on the website: www.ortizo.com.co

13.3 CANCELLATION OF PURCHASES

The promotions carried out by Ortizo SAS through its virtual store www.ortizo.com.co, are entitled to cancel purchases for reasons of:

  • Lack of stock of the product/s selected by the client.
  • Products that present defects in the distribution center.
  • Purchase withdrawal by the customer.
  • All payment tickets: effective, via ballot, must be paid within 48 hours. If this time passes, Ortizo SAS is entitled to cancel the purchase. If the person makes the payment after this time and does not have the information, either because they did not check the cancellation message on their cell phone or email, the money will be refunded.
  • If the payment gateway (Mercado Pago) records several previous rejected purchase attempts by the user, the last payment may present a high risk of fraud, this being a cause for Ortizo SAS to cancel the purchase if it is not verified. the veracity of the payment.

LIMITATIONS OF THE LIABILITY OF ORTIZO SA

Under no circumstances and in no way will it be responsible for the content that “users” may incorporate into this tool.

At no time does it guarantee the accuracy, veracity, reliability or updating of the information included in this tool.

It does not assume any responsibility for not receiving timely notification from the “user” in the event of a violation of personal information in their account.

Note: For more information, consult the consumer statute, Law 1480/2011.

SOURCE OF INCOME

THE CUSTOMER , by consenting to any of the contracts that are perfected when carrying out transactions on ortizo.com.co, declares under the severity of an oath, that his income comes from lawful activities, that he does not have a negative record in money laundering prevention lists. of national or international assets, which is not within one of the two categories of money laundering (conversion or movement) and which, consequently, is obliged to respond to ORTIZO SAS for all damages that may be caused as a consequence. of this statement. In the same sense, you will respond to third parties. It also declares that its conduct complies with the law and ethics and, consequently, is obliged to implement measures to prevent its operations from being used with or without its consent and knowledge as instruments for the concealment, management, investment or use in any form of money or other assets from criminal activities, or to give the appearance of legality to these activities. In the same sense, it undertakes to act within the legal framework in force in Colombia, complying with all the procedures, procedures and obligations contemplated in the Law and other relevant regulations and that any evidence that these principles are not met or may be in interdicted will be sufficient cause to terminate, at the discretion of the compliant Party, the Contract resulting from its acceptance.

ACCOUNT CONFIDENTIALITY

The user must manage their account, as well as any other identification number or password of the User, with complete confidentiality, regardless of whether these have been provided by ORTIZO or selected by the “User”. All activities carried out with your account such as: exchanges, queries, requests and other activities; will be your exclusive responsibility.

Therefore, whether or not the client has an account on the ORTIZO website, it is necessary that they have electronic security devices and adopt the necessary measures to avoid, among others: the impersonation of the person, the use of their information by third parties, fraud, intrusions, viruses, spies and the like. Additionally, through these security devices the identity of the “user” can be verified.

THE INTELLECTUAL PROPERTY RIGHTS OF THE PAGE ARE THE PROPERTY OF ORTIZO:

A. The material and information contained and published on the ORTIZO SA website is exclusive property, and the total or partial disclosure, reproduction, transmission, translation, storage, distribution or public communication of any part of this tool is strictly prohibited without prior written authorization from ORTIZO. The content presented on the page, understood as informative, photographic, multimedia and advertising material, is the exclusive property of ORTIZO, the use of the information contained therein is only the responsibility of ORTIZO or third parties expressly authorized to do so. Unauthorized persons must refrain from extracting or reusing such information.

ORTIZO has the right to reject the “user” from entering the page.

B. Any interference, attempt or activity that violates the laws on copyright or intellectual property and/or the prohibitions provided for herein, will make the user responsible before the competent authorities without prejudice to compensation at his expense for the damages caused to the company. or to third parties who may claim them, for damages caused.

PERSONAL DATA PROCESSING POLICY

In development and interpretation of Law 1581 of 2012, the Treatment of the Owner's personal data will be applied within the following principles:

a.- Principle of Legality: In the processing of data, Ortizo SAS will be subject to the provisions of the law and the other provisions that develop it.

b.- Principle of Purpose: Ortizo SAS, a company duly authorized by law within the constitutional framework, makes available to authorized users information about products and/or services according to the corporate purpose registered with the Chamber of Commerce of Bogotá. , in the corresponding entities according to the law and in the information contained on the Web page.

The data contained in these Terms and Conditions is also intended to validate purchase orders, and optimize the information and marketing work of the products and services offered and provided by the company.

c.- Principle of Freedom: Data processing will be carried out in all cases, with the prior, express and informed consent of the Owner. Personal data will not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that requires consent.

d.- Principle of Truthfulness or Quality : The information subject to Treatment must be truthful, complete, exact, updated, verifiable and understandable. The Processing of partial, incomplete, fragmented or misleading data is prohibited.

e.- Principle of Transparency: Ortizo SAS guarantees the Data Owner the right to obtain from the Data Controller or Data Processor, at any time and without restrictions, information about the existence of data that concerns him or her.

f.- Principle of Access and Restricted Circulation: Treatment is subject to the limits derived from the nature of the personal data, the provisions of Law 1581 of 2012 and the Constitution. In this sense, the Treatment can only be carried out by people authorized by the Owner and/or by the people provided for by law.

Personal data, except public information, will not be available on the Internet or other means of dissemination or mass communication, unless access is technically controllable to provide knowledge restricted only to the Owners or authorized third parties in accordance with Law 1581 of 2012.

g.- Principle of Security: The information subject to Treatment by the Data Controller or Data Processor referred to in this law is handled with the necessary technical, human and administrative measures to provide security to the records, avoiding their adulteration. unauthorized or fraudulent loss, consultation, use or access. It is technologically protected and can only be accessed by the user himself through a password or in cases where the User requires it, the members of the area designated for this area.

h.- Principle of Confidentiality: All persons involved in the processing of personal data that are not public in nature are obliged to guarantee the confidentiality of the information, even after their relationship with any of the tasks included in the Treatment has ended. , being able to only supply or communicate personal data when this corresponds to the development of the activities authorized in this law and in the terms of the same. Ortizo SAS will refrain from sharing, disseminating, disclosing or disclosing the User's information to third parties, unless authorized by the Owner.

Ortizo SAS, undertakes to treat the personal data of the Authorized User in an absolutely confidential manner, adopting the technical, administrative and organizational security measures that are necessary in order to guarantee their security and thus avoid their alteration, loss. , treatment and/or unauthorized access.

PRIVACY AND INFORMATION PROCESSING POLICIES.

ORTIZO SAS, whose address is the city of Bogotá, is the CONTROLLER for the PROCESSING OF PERSONAL DATA. The Main office is located on the seventh race (7th) number Fifty-six to fifty-four (56a-54) – Tel. 329 77 77 - Email: info@ortizo.com.co

If you provide us with your personal data on this site, in order to contact us, or to participate in promotions and/or to establish commercial relationships that are within our corporate purpose, you are implicitly accepting the privacy notice by which freely and spontaneously adheres to and accepts the terms and conditions related here.

This WEB site will respect the privacy of the user's personal information obtained through the ORTIZO SAS WEB page, for which it undertakes to adopt a confidentiality policy, in accordance with the following:

THE PERSONAL DATA provided by the OWNER, to the CONTROLLER (ORTIZO SAS), such as your name, identification, date of birth, occupation, address, city, department, country, email, telephone and/or cell phone number, may be used. to identify you, to locate you, and/or to contact you in order to send you information and/or response about products, promotions, etc., and may transmit it to any of its headquarters or branches, as well as to those companies that provide services. that have to do with the RESPONSIBLE for the surveillance and maintenance of this site, in the terms established by law.

Ortizo.com.co uses a security system called SSL (Secure Socket Layer), which is currently the standard used by the most important companies in the world to carry out secure electronic transactions, which means that all your personal information cannot be read or captured by third parties while traveling over the network.

General Privacy Policy

This privacy policy (the “Policy”) applies to users of the website www.ortizo.com.co (the “Site”). Please read this Policy carefully as by using the Site you are accepting its terms.

  • Acceptance of capturing user information when using the Site

During your visit to our Site, it may capture information regarding specific activities of a particular user, generating reports that allow us to see the consolidated activity per user.

  • Links to other sites

This Site may contain "links" to other sites. ORTIZO is not responsible for the security or privacy practices, or the content of those sites. Likewise, ORTIZO does not endorse any product or service offered on said sites. Likewise, ORTIZO is governed by this security policy and privacy statement, therefore policies of sites that direct traffic to ortizo.com.co do not apply.

Additionally, THE PERSONAL DATA, provided by its OWNER, will be used, AS WELL:

For shipping:

  • to. - Merchandise.
  • b- Product information
  • c.- Information about promotions.
  • d.- Information or request for surveys.
  • e.- Submission and receipt of documents.

3.- ORTIZO SAS does not handle SENSITIVE DATA of the OWNER through this site, therefore the OWNER must refrain from providing them.

4.- RIGHTS OF THE OWNER: The rights that assist you as the owner are listed in the titles: “Rights of Data Owners and “Right to Habeas Data”.

5.- The area IN CHARGE OF TREATMENT for handling requests, queries and claims before which THE OWNER of the Information can exercise the rights to know, update, rectify and delete information and revoke the AUTHORIZATION, is the WEB SERVICE OFFICE , located in the Main Office of ORTIZO SAS, Carrera 7° No. 56a-54 in Bogotá. D.C.

6.- ORTIZO SAS undertakes not to assign, sell, or share the data received on this WEB site with third parties without its express approval. Likewise, ORTIZO SAS will cancel or rectify the data when it is inaccurate, incomplete or is no longer necessary or relevant for its purpose.

6.A.- ORTIZO SAS, undertakes to treat the personal data of the user or OWNER in an absolutely confidential manner, adopting the necessary technical and administrative security measures, in order to guarantee their security and prevent its adulteration, loss, loss, treatment and/or unauthorized access.

PROCEDURE

7.- THE PROCEDURE so that the HOLDERS OF THE INFORMATION can exercise the access rights to know, update, rectify and delete information and revoke the authorization is as follows:

7.1 – Based on article 14 of Law 1581 of 2012 , when the OWNER or his successors want to consult or know the PERSONAL INFORMATION OF THE OWNER, from the database, the WEB SERVICE OFFICE, after accreditation of the identity of the OWNER or personality of his representative, will make available to him, free of charge, the information about the personal data that rests on this site. This information may be provided through electronic means that facilitate direct access by the OWNER to them. Access is offered without a term limit, allowing the OWNER the possibility of knowing it and updating it online.

For this purpose, the WEB SERVICE OFFICE will provide a form that must be filled out by the OWNER OR HIS OWNER'S OWNER, where the request is made, which will be responded to within a period of ten (10) business days from the date of its submission. receipt.

If the query cannot be attended to within said period, ORTIZO SAS will inform the interested party, before the expiration of ten (10) days, expressing the reasons for the delay and indicating the date on which their query will be attended to, which in No case may exceed five (5) business days following the expiration of the first term.

7.2 – Based on article 15 of Law 1581 of 2012 , when the OWNER or his successors consider that the information contained in the database must be corrected, updated or deleted , or when they notice the alleged non-compliance of any of the duties contained in this law , you may file a claim with THE CONTROLLER, or THE PROCESSOR, which will be processed in the following manner:

  • The claim will be formulated by means of a request addressed to the CONTROLLER or the PROCESSOR, with the identification of the OWNER, the description of the facts that give rise to the claim, the address, and accompanying the documents that you want to assert. If the claim is incomplete, the interested party will be required to correct the deficiencies within five (5) days following receipt of the claim. After two (2) months from the date of the request, without the applicant presenting the required information, it will be understood that the claim has been abandoned.
  • In the event that the person who receives the claim is not competent to resolve it, he or she will forward it to the appropriate person within a maximum period of two (2) business days and will inform the interested party of the situation.
  • Once the complete claim is received, a legend that says “claim in process” and the reason for it will be included in the database within a period of no more than two (2) business days. Said legend must be maintained until the claim is decided.
  • 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 complaints and claims service is a means of this WEB site, for the presentation of complaints, claims, requests and suggestions made by users to ORTIZO. SAS
  • PROCEDURAL REQUIREMENT: The Owner or successor in title may only file a complaint with the Superintendence of Industry and Commerce, once the consultation or claim process has been exhausted before the Data Controller or Data Processor.
THE RIGHT TO HABEAS DATA

Law 1266 of 2008, known as the “HABEAS DATA LAW”, has been promulgated by the National Government, in order to establish and develop the constitutional right that all people have to know, update, correct, add, exclude, and rectify the information that has been collected about them in Data Banks, as well as limit the possibilities of disclosure, publication or transfer in accordance with the principles that regulate the personal data administration process.

DURATION AND TERMINATION (VALIDITY) OF THE INFORMATION PROCESSING POLICY:

The validity of the handling of PERSONAL DATA will remain indefinitely until the purpose for which it was requested is fulfilled from the date on which THE OWNER provided it to the CONTROLLER.

Once the personal data has been used for the purposes mentioned above, it will be canceled and blocked, keeping it only for its protection for a period of no more than five (5) years, starting from its effective use. After this period, the personal data will be destroyed and/or deleted, as long as there is no request from an authority under the terms of the law.

However, ORTIZO SAS may terminate or suspend the provision of this service at any time.

Any substantial change in the INFORMATION PROCESSING policies will be promptly communicated to the Owner of the personal data, before implementing the new policies.

RIGHTS OF DATA HOLDERS:

The Owner of the personal data will have the following rights:

  1. to). Know, update and rectify your personal data in front of the Data Controllers or Data Processors. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or those whose Processing is expressly prohibited or has not been authorized.
  2. b). 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 Law 1581/2012.
  3. c). Be informed by the Data Controller or Data Processor, upon request, regarding the use that has been given to your personal data.
  4. d). Submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of this law and other regulations that modify, add or complement it.
  5. and). Revoke the authorization and/or request the deletion of the data when the processing does not respect constitutional and legal principles, rights and guarantees. The revocation and/or deletion will proceed when the Superintendency of Industry and Commerce has determined that in the Treatment the Controller or Processor has engaged in conduct contrary to the law and the Constitution.
  6. F). Free access to your personal data that has been processed.
AUTHORIZATION FOR DATA PROCESSING

ORTIZO SAS requires authorization with free, prior, express and informed consent from the Owner of the personal data, for the processing thereof, except in cases expressly authorized by the Law.

The authorization will be deemed delivered by the Owner and received by ORTIZO. SAS, when done in writing, verbally or through unequivocal conduct of the Owner, which allows it to be reasonably concluded that the authorization was granted. In no case can silence be assimilated to unequivocal conduct.

The following are the only people who may authorize ORTIZO SAS to process personal data:

  1. THE OWNER, who must prove his or her identity completely and clearly, through the means made available to him by ORTIZO SAS.

  2. The successors in title of the owner, after accreditation of the representation or power of attorney.

  3. Another, in favor or for which the owner had stipulated.

MEANS THROUGH WHICH IT CAN BE AUTHORIZED.

You may do so through: Physical document, Quotes, Sales invoices, Marketing activities, Events, Service orders, Request for guarantees, Digital Media – electronic – Data message – Internet – Website – or any other format in which you can unequivocal, truthful authorization must be obtained from the person entitled to them, and if it had not been authentic and true, it would not have been possible to appear in the database.

PROOF OF AUTHORIZATION

ORTIZO SAS will have effective means and mechanisms to preserve the authorizations granted by the Owners, and maintain records that identify the form, date and person who authorized the inclusion of the data in the database. Ortizo may do so directly or through a contract with third parties.

REVOCATION OF AUTHORIZATION

The owner of the personal data may at any time request ORTIZO. SAS, the exclusion from the databases, by revoking the authorization granted for the processing of personal data.

For it to proceed, a claim must be made, unless the owner has a legal or contractual duty to remain in the ORTIZO database. SAS

If the legal term to address the claim has expired, ORTIZO SA has not deleted the personal data, the Owner will have the right to request the SUPERINTENDENCE OF INDUSTRY AND COMMERCE to order the revocation of the authorization.

INFORMATION WITHOUT AUTHORIZATION OF THE OWNER

ORTIZO. SAS requires the prior, express and voluntary consent of the owner of the personal data for their processing, except in the following cases, authorized by law:

  1. Information required for a public or administrative entity in the exercise of its legal functions, or by court order.

  2. Medical or health emergency cases.

  3. Processing of information authorized by law for historical, statistical or scientific purposes.

  4. Data related to the Civil Registry of people.

PEOPLE TO WHOM INFORMATION MAY BE PROVIDED:

The information that meets the conditions established by law may be provided only to the following people:

  1. To the Owner, his successors or legal representatives.

  2. To public or administrative entities in the exercise of their legal functions or by court order.

  3. To third parties authorized by the Owner or by law.

 

DUTIES OF THOSE RESPONSIBLE FOR THE TREATMENT, AND OF THOSE IN CHARGE OF THE TREATMENT:

  1. - OF THOSE CONTROLLED BY THE TREATMENT , They will comply with the following duties, without prejudice to the other provisions provided for in Law 1581/2012 and in others that govern their activity:

to). Guarantee to the Holder, at all times, the full and effective exercise of the right of habeas data.

b). Request and keep, under the conditions provided for in this law, a copy of the respective authorization granted by the Owner.

c). Duly inform the Owner about the purpose of the collection and the rights granted to him by virtue of the authorization granted.

d). Maintain the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.

and). Guarantee that the information provided to the Data Processor is true and complete. Accurate, up-to-date, verifiable and understandable.

F). Update the information, communicating in a timely manner to the Data Processor, all the news regarding the data that you have previously provided and adopt the other necessary measures so that the information provided to it remains updated.

g). Rectify the information when it is incorrect and communicate the pertinent information to the Data Processor.

h). Provide the Data Processor, as the case may be, only data whose Processing is previously authorized in accordance with the provisions of the law.

Yo). Demand that the Data Processor at all times respect the security and privacy conditions of the Owner's information.

j). Process queries and claims made in the terms indicated in the law.

K). Adopt an internal manual of policies and procedures to guarantee adequate compliance with this law and, especially, to respond to queries and complaints.

l). Inform the Data Processor when certain information is under discussion by the Owner, once the claim has been submitted and the respective process has not been completed.

m). Inform at the request of the Owner about the use given to their data.

n). Inform the data protection authority when violations of security codes occur and there are risks in the administration of the Owners' information.

either). Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.

II.- OF THOSE IN CHARGE OF TREATMENT: They will comply with the following duties, without prejudice to the other provisions provided for in Law 1581/2012, and in others that govern their activity:

to). Guarantee to the Holder, at all times, the full and effective exercise of the right of habeas data.

b). Maintain the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.

c). Timely update, rectify or delete data in accordance with the law.

d). Update the information reported by the Data Controllers within five (5) business days from receipt.

and). Process queries and claims made by the Owners in the terms indicated in the law.

F). Adopt an internal manual of policies and procedures to guarantee adequate compliance with this law and, especially for the attention of queries and complaints by the Owners.

g). Register in the database the legends “information in judicial discussion” once notified by the competent authority about judicial processes related to the quality of personal data.

Yo). Refrain from circulating information that is being controversial by the Owner and whose blocking has been ordered by the Superintendence of Industry and Commerce.

j). Allow access to information only to people who can have access to it.

k). Inform the Superintendency of Industry and Commerce when violations of security codes occur and there are risks in the administration of the Owners' information.

l). Comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.

PARAGRAPH: In the event that the qualities of Data Controller and Data Processor occur in the same person, compliance with the duties provided for each one will be required.

PROCEDURE FOR CONSULTATION AND CLAIMS FROM USERS

The owner of the information or his successors who consider that the information contained in his individual record must be corrected or updated may present the respective claim to ORTIZO SAS, which will be processed under the following procedure:

  1. A written or electronic request must be made with identification of the Owner, the description of the facts that give rise to the claim, the address, and, if applicable, attached the supporting documents that you want to use. If the document is incomplete, you will be notified so that you can correct the errors. After one month without the interested party submitting the required information, it will be understood that he or she has withdrawn the claim or request.
  2. Once the complete petition or claim is received, it will be included in the individual record within a period of no more than two (2) business days with a legend that says “claim in process” and its nature. The information will be maintained until the claim is decided and will be included in the information provided to users.
  3. The maximum term to address the request or claim will be fifteen (15) business days counted from the day following the date of receipt. When it is not possible to attend to the request within said term, the interested party will be informed, expressing the reasons for the delay and indicating the date on which their request will be attended to, which in no case may exceed eight (8) business days following the expiration date. of the first term.

Procedural requirement: The owner of the information may only file a complaint with the superintendence of industries and commerce, once the consultation or claim process has been exhausted before the person responsible for the treatment or person in charge of the treatment of ORTIZO. SAS

MODIFICATIONS TO THE AGREEMENT:

ORTIZO S.AS., may modify the Terms and Conditions related here at any time, in the event that the user does not accept the modification, they may notify ORTIZO SAS, within the following five (5) business days, at the end of which, without receiving communication, the user will be considered to accept the new terms and the contract will continue to bind both parties. Otherwise, the contractual relationship will be dissolved and you will be disqualified as a User, provided that you have no pending accounts or obligations.

ORTIZO S. TO . Yes

Bogota. D.C.