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Terms and conditions

LAST UPDATE 16 March, 2022

  • PERSON RESPONSIBLE FOR PROCESSING:

LINKORP TRADE, whose website is WWW.LINKORPTRADE.COM, in compliance with the provisions of Law 1581 of 2012 and Decree 1377 of 2013, is responsible for processing the personal data of the holders from which it has obtained authorization, on which it shall directly and autonomously decide. Pursuant to the “PRIVACY POLICY AND COOKIES” provision of our Terms and Conditions, the guidelines of our Privacy Policy are listed below.

  • ORIGIN OF THE INFORMATION:

Any personal data that are subject to processing by LINKORP TRADE, may come from the WWW.LINKORPTRADE.COM website and the info@linkorptrade.com email address, business negotiations, contracts, public directories, formats and/or forms authorized by the USER, employee, supplier and other persons for business purposes.

  • BASIC TERMINOLOGY:

For the purposes hereof, and in accordance with the current laws on personal data protection, the following terminology shall be taken into account:

  1. Authorization: Prior, express and written consent by the Holder to carry out the personal data Processing
  2. Database: An organized set of personal data hat is Subject to processing.
  3. Data holder: is the USER or individual whose personal data are subject to Processing.
  4. Processing: Any operation or series of operations on personal data, such as collection, storage, use, circulation or deletion.
  5. Person responsible for processing: Individual or legal entity, private or public, who, on its own or in association with others, decides upon the database and/or data processing.
  6. Person in charge of processing: Individual or legal entity, private or public, who, on its own or in association with others, processes the data on behalf of the person responsible for processing.
  7. User: Individual involved in the processing of the data, which was voluntarily provided thereby by filling in a form on the www.linkorptrade.com WEBSITE for requesting additional information. 
  8. Public data: Data which is not semi-private, private or sensitive. The data regarding the marriage status of a person, their profession or occupation, and their capacity as businessowner or public servant, shall be deemed as public data, among others.
  9. Private data: Data which, due to its intimate or reserved nature is only relevant to the holder.
  10. Sensitive data: Data affecting the intimacy of the holder, and the misuse of which may cause discrimination, such as those disclosing racial or ethnic background, political affiliation, religious or philosophical conventions, participation in labor unions, social organizations of human rights or promoting interests of any political party or guaranteeing the rights and guarantees of opposition political parties, as well as data related to health, sex life and biometric data. This type of data will not be requested from the USER by LINKORP TRADE on the WEBSITE.
  11. Personal data: Any information linked or that may be related to one or several determined or determinable individuals, such as name, age, gender, marriage status, address, among others, that will not be requested from the USER by LINKORP TRADE on the WEBSITE.
  12. Transmission: Personal data communication in or out of Colombia to be processed by the person in charge of processing on behalf of the person responsible for processing.
  13. Transfer: Personal data communication to another recipient who, in turn, acts as responsible located out of Colombia.
  14. Privacy notice: Oral or written communication issued to inform the holder or person responsible for processing their personal data; LINKORP TRADE’s policies on this matter, including access thereto and the purposes of the processing to be performed on the personal data.
  • HOLDERS’ RIGHTS:

LINKORP TRADE, acknowledges and guarantees the following rights of personal data holders, pursuant to the provisions of this policy:

  1. To access, know, update, rectify or delete any data provided to LINKORP TRADE, as the person responsible for or in charge of processing.
  1. To request proof of the authorization granted for processing their data, except in cases excluded by the law, as described below:
  1. Medical or health emergency cases.
  2. Information required by a public or administrative entity in the exercise of its legal duties or by court order.
  3. Public data.
  4. Data processing authorized by the law for historical, statistical or scientifical purposes.
  5. Data related to Civil Registry of Persons.
  1. To be informed by the person responsible for or in charge of the use and processing to be performed on the personal data, as well as any modifications and updates to the protection policies, security measures and purposes.
  1. To revoke the authorization and/or request the removal of the data when principles, rights and constitutional and legal guarantees are not observed during the processing.
  • To know the department or person designated by LINKORP TRADE, to whom complaints, enquiries, claims and any other requests about their personal data can be submitted.
  • To submit complaints and claims to the Superintendence of Industry and Commerce due to breaches of the provisions of Statutory Law 1581 of 2012, as amended, added or supplemented from time to time.
  • CHILDREN’S AND TEENAGERS’ RIGHTS:
  1. The respect for prevalent minors’ rights shall be guaranteed during the processing of personal data.
  1. Data processing for minors, except for public data, shall meet the following parameters:
  1. Enuring for the benefit of and respecting the ultimate interest of minors.
  2. Ensuring respect for the fundamental rights of minors.
  3. For processing personal data of a boy, a girl or a teenager, prior authorization for said processing must be granted by the minor’s legal representative.

The Government and all kinds of educational entities are responsible for providing information and educating legal representatives and tutors about the eventual risks faced by boys, girls and teenagers regarding the wrongful processing of their personal data and providing knowledge about the responsible and safe use by boys, girls and teenagers of their personal data, their right to privacy and protection of their information and everyone else’s information.

  • DUTIES OF THE PERSON RESPONSIBLE FOR OR IN CHARGE OF PROCESSING:
  1. In the processing and protection of any kind of data provided by the holder to LINKORP TRADE, they shall have the following duties, notwithstanding other duties set forth in the provisions that regulate or may subsequently regulate this matter:
  1. To guarantee all the aforementioned holder’s rights and those currently or eventually contemplated by the law.
  2. To request and keep, under the conditions provided by the law, a copy of the authorization granted by the holder.
  3. To keep or safeguard the information under the necessary security conditions to prevent its falsification, loss, and the unauthorized or fraudulent consultation, use or access thereof and thereto.
  4. To comply with the governing principles of personal data processing.
  5. To use the holder’s personal data only for such purposes for which they are duly authorized and always observing the current laws on personal data protection.
  6. To oversee the proper use of the personal data of boys, girls and teenagers, in those cases in which the processing of their data is authorized.
  • PROCESSING:

LINKORP TRADE, in compliance with its legal and regulatory duty, hereby intends to effect the constitutional guarantee to protect the privacy of all citizens, by establishing expedite instruments and controls in order to properly process the information managed by it, which has been provided by the USER of the WEBSITE.

This policy sets forth the terms, conditions and purposes that LINKORP TRADE shall give to the information provided by THE USERS by filling in the form on THE WEBSITE, giving their name, email address and telephone number.

THE USER, as the holder of the data, freely and voluntarily enters his/her information, and acknowledges that he/she has read and expressly accepts these terms and conditions.

LINKORP TRADE, is directly in charge of processing the personal data provided by THE USERS as mentioned above; however, it reserves the right to delegate a third party for said processing.

LINKORP TRADE states that the information collected shall only be used to send the information requested by interested USERS, and to perform the corresponding traffic measurements on the WEBSITE. It also states that said information shall not be offered for sale, nor will it be leased to third parties, and it shall also be maintained under the highest possible privacy and care standards, with restricted access with a user, password and administrator.

  • PURPOSES:
  1. The personal data kept in the databases of LINKORP TRADE, may be used for:
  1. Sorting, cataloguing, classifying, dividing or separating and storing the personal data in the systems and files of LINKORP TRADE.
  2. Keeping holders informed about the conditions or variations regarding the provision of services.
  3. Informing about updates of the services offered by LINKORP TRADE.
  4. Sending commercial, advertising or promotional information about the products and/or services, events Nd/or commercial promotions by mail, email, applications, cellular phones or mobile devices, PUSH notifications, text messages (SMS and/or MMS) or by any other analogue and/or digital means of communication, created or to be created, in order to promote, invite, direct, execute, inform and, in general, carry out commercial or advertising campaigns, promotions or contests, developed by LINKORP TRADE and/or by third parties regarding the company’s activity.
  5. Controlling the historical records of information, for USER satisfaction purposes, assessing their interests and needs and, thus, offering a better service.

It is a duty of the USER to guarantee the truthfulness of the data provided thereby and by those he/she represents.

LINKORP TRADE, reserves the right to take the necessary measures in case of falseness or inaccuracy of said data.

LINKORP TRADE, has adopted the technical and administrative security measures at hand in order to protect the data under its responsibility. However, THE USER must understand that such measures are not final or unbreakable, so they are subject to a permanent review and improvement process.  

  • TERM OF THE PROCESSING:

This policy shall be effective from the date indicated in its introduction, and the term of the databases shall be equal to the term of the purpose or purposes, or such term indicated by a specific legal, contractual or jurisprudential cause. 

  • AUTHORIZATION:

Except for the cases defined by Law 1581 of 2012 and Decree 1377 of 2013, as regulated, added, executed, supplemented, amended, suppressed or derogated from time to time, in those cases requiring the holder’s prior authorization, LINKORP TRADE shall request it at the moment of collecting the information.

The authorization shall be express, either oral or written, or by unmistaken conduct, and informed, in that it shall include the specific purposes of the processing for which the consent is being requested, and it shall be obtained by any means that can be subsequently referred to.

  • GOVERNING PRINCIPLES OF PERSONAL DATA PROCESSING:
  1. Legality principle: Data processing at LINKORP TRADE, shall be done for legitimate purposes and must be subject to the law.
  2. Purpose principle: Processing shall be done for the purposes set forth in the data processing policies and only to carry out the activities entrusted by the person responsible for or the holder of the information.
  3. Freedom principle: Processing shall only be done with the holder’s prior, express and informed consent. Data may not be disclosed without prior consent or legal authorization.
  4. Truthfulness or quality principle: The information processed shall be true, complete, accurate, updated, verifiable and understandable.
  5. Transparency principle: LINKORP TRADE guarantees to all data holders the right to access and know their information that is being processed.
  6. Principle of access and restricted circulation: Access to information shall be restricted according to the nature of the data, the holder’s authorizations and the procedures defined in this manual.
  7. Security principle: The information processed by LINKORP TRADE, shall be protected with the necessary technical, human and administrative measures to prevent its falsification, loss, and the unauthorized or fraudulent consultation, use or access thereof and thereto.
  8. Confidentiality principle: LINKORP TRADE, guarantees the confidentiality of the information during and after completion of the data processing. The data may only be disclosed to third parties when permitted by the law or with the holder’s prior authorization.
  • PROCEDURES FOR HOLDERS TO EXERCISE THEIR RIGHTS:

In compliance with the personal data protection law, and according to the purpose of this data processing policy, the holder’s rights are: knowledge, access, rectification, update, objection and/or cancellation of their personal data; and they can exercise them, in whole or in part, by sending a written notice to the assistance channels designated for such purpose.

  • ENQUIRIES, CLAIMS AND REQUESTS:

To effectively deal with requests by the holders regarding the processing of their data, the following communication channels are made available for THE USERS  and data holders to submit any enquiry, complaint or request related to their rights pursuant to the provisions of Law 1581 of 2012 1581 de 2012.

Email: info@linkorptrade.com

Website: www.linkorptrade.com

These channels may be used by the Personal Data Holders, or by third parties authorized by the law to act on their behalf, in order to exercise the following rights:

  1. Enquiries: Pursuant to the provisions of Article 15 of Law 1581 of 2012, the Holder consult his/her personal data free of charge. For such purpose, he/she may submit a request indicating the information he/she wants to know, through the abovementioned mechanisms.

The request shall be processed by LINKORP TRADE within non more than fifteen (15) business days from the date of receipt thereof. When it is not possible to deal with a request within such term, the requestor shall be informed of the reasons for such delay and the date on which their enquiry shall be dealt with, which may never be later than five (5) business days from the expiration of the first term.

  1. Claims: Pursuant to the provisions of Article 15 of Law 1581 of 2012, when the holder or his/her assignees consider that the information processed by LINKORP TRADE must be corrected, updated or deleted, or when it must be revoked due to an alleged breach of any of the duties contained in the law, they may submit  request to LINKORP TRADE, which shall be processed under the following rules:

The Holder or his/her assignees shall prove their identity, their representative’s identity, or the representation, power of attorney or stipulation conferred upon others. When the request is made by a person other than the Holder, and it has not been proven that the same is acting on behalf thereof, it shall be deemed as not made.

If the claim or request is incomplete, the interested party shall be required within five (5) days following the receipt thereof to cure such failure. Upon expiration of two (2) months from the date of the requirement, without the requestor having provided the required information, such claim or request shall be understood as dropped. Upon receipt of a complete request or claim, a label that reads “claim in process” shall be included in the database, as well as the reason thereof, within two (2) business days. Said label shall maintain until the request or claim has been solved.  

  1. Rectification and updating: When the purpose of a request is to rectify or update information, the Holder shall specify the corrections to be made and provide such documentation to back his/her request.
  1. Removal: The removal of Personal Data is done by totally or partially eliminating the personal information as per the Holder’s request. However, LINKORP TRADE may refuse to do so when the Holder has a legal or contractual duty to stay in the Database.
  • Requests: Requests for rectification, updating, removal or revocation shall be submitted by the means made available by LINKORP TRADE set forth herein, and they must contain, at least, the following information:
  1. The name and address of the Holder or any other means to receive the response.
  2. The documents certifying the requestor’s identity and, given the case, his/her representative’s identity with the respective authorization.
  3. A clear and accurate description of the Personal Data, with respect to which the Holder seeks to exercise any of his/her rights and the concrete request.

This request shall be addressed within fifteen (15) business days from the day following the date of receipt thereof. When it is not possible to address it within such term, the requestor shall be informed of the reasons for such delay and the date on which their enquiry shall be dealt with, which may never be later than eight (8) business days from the expiration of the first term.

If the claim or request is incomplete, the interested party shall be required within five (5) days following the receipt thereof to cure such failure. Upon expiration of two (2) months from the date of the requirement, without the requestor having provided the required information, such claim or request shall be understood as dropped. Upon receipt of a complete request or claim, a label that reads “claim in process” shall be included in the database, as well as the reason thereof, within two (2) business days. Said label shall maintain until the request or claim has been solved.

  • AMENDMENTS:

LINKORP TRADE reserves the right to amend or update this policy at any time and without notice. Personal Data that are stored, used or transmitted shall remain in our Database, based on time and necessity considerations, for as long as necessary for the purposes mentioned herein and for which they were collected.