1. Legal warning
E "Right Rocks" Which is part of the website Www.derecho.rocks(he "Blog") Is edited for educational purposes. It seeks to provide general information tools for a better understanding of entertainment law and related topics.
This blog is not intended to replace professional legal advice or give legal recommendations to specific cases. When using the blog, the User (defined below) understands that there is no attorney-client relationship, no commercial, civil or labor relationship between the User and the Blog Holder.
The Blog should not be used as a substitute for the professional legal advice of a lawyer specializing in your jurisdiction.
2. Identification and ownership
The content owner of Www.derecho.rocks(he "Website") Is Santiago Sanmiguel Garcés (the"Starter“).
The Website is hosted on the WordPress.com platform, in use of its blog development tools and its Usage policies.
3. Acceptance of conditions by the User
If you consult the Website, at any time and by device, you will access in condition of "User
Any use of the Website that you make as a User supposes that you accept all the terms and conditions of the Website of use that are detailed here.
4. User Commitments
4.1. As a User you agree to:
- USE THE WEBSITE AND ITS CONTENT WITHIN THE APPLICABLE LAWS.
- ACKNOWLEDGE AND ACCEPT THAT THE ACCESS AND USE OF THE WEBSITE AND THE CONTENT INCLUDED IN THE WEBSITE ARE FREE AND CONSCIOUSLY PLACED, UNDER YOUR EXCLUSIVE LIABILITY.
4.2. As a user you agree to abstain from:
- USE THE INFORMATION PROVIDED ON THE WEBSITE (ESPECIALLY BUT NOT LIMITED TO THE BLOG) IN REPLACEMENT OF THE PROFESSIONAL LEGAL ADVICE OF AN ATTORNEY SPECIALIZED IN ITS JURISDICTION.
- TO SEND ADVERTISING OF ANY KIND AND COMMUNICATIONS WITH PURPOSES OF SALE OR OTHER OF COMMERCIAL NATURE TO THE WEBSITE, OR A PLURALITY OF USERS OF THE WEB SITE WITHOUT MEASURING YOUR PRIOR REQUEST OR CONSENT.
- TO REMOVE ANY OTHER MESSAGES NOT REQUESTED, OR CONSENT PREVIOUSLY TO A PLURALITY OF USERS.
- SEND CHAINS OF UNSOLICITED ELECTRONIC MESSAGES, OR PREVIOUSLY CONSENT TO USERS.
- USE DISTRIBUTION LISTS THAT MAY BE ACCESSED THROUGH THE WEB SITE OR THE SERVICES OFFERED IN THIS FOR THE CONDUCT OF THE ACTIVITIES INDICATED IN THE SECTIONS 4.2.1 TO 4.2.4.
- TO PROVIDE THIRD PARTIES, FOR ANY PURPOSE, DATA COLLECTED FROM LISTS OF DISTRIBUTION. USERS DEPRIVED FOR THE RECEIPT OF UNSOLICITED MESSAGES DIRECTED TO A PLURALITY OF PEOPLE MAY COMMUNICATE TO THE WEB SITE HOLDER BY SENDING AN E-MAIL HERE.
- OBTAIN, AND EVEN TRY TO OBTAIN, INFORMATION AND ANY KIND OF MATERIAL ACCESSIBLE THROUGH THE WEB SITE OR THE SERVICES THAT ARE OFFERED IN THIS EMPLOYMENT FOR THE PROCEDURES OTHER THAN THE POSTS AT YOUR DISPOSAL.
5. Rights of the Holder
5.1. The Holder reserves the right to
- MODIFY THE PRESENTATION, CONFIGURATION, CONTENT, PUBLICATIONS AND / OR LOCATION OF THE WEBSITE AT ANY TIME.
6. Owner's Liability
6.1. The Holder does not guarantee
- THE CONTINUED ACCESS, OR THE CORRECT, VISUALIZATION, DOWNLOAD OR UTILITY OF THE ITEMS AND INFORMATION CONTAINED IN THE WEB SITE, WHICH MAY BE IMPAIRED, DIFFICULT, OR INTERRUPTED BY FACTORS OUTSIDE THEIR CONTROL.
- ACCESS TO THE INFORMATION AND OTHER CONTENT INTEGRATED IN SPACES OR WEB SITES OF THIRD PARTIES ACCESSIBLE FROM THE WEB SITE THROUGH LINKS, HYPERLINKS, OR INFORMATION AND OTHER CONTENTS INTEGRATED IN THIRD PARTY SPACES OR WEB SITES SINCE THOSE THAT ARE ACCESSED THROUGH LINKS, HYPERLINKS OR LINKS TO THE WEBSITE OR ANY LINK TO THE INFORMATION, CONTENTS OF ANY TYPE, PRODUCTS OR SERVICES PROVIDED OR OFFERED THROUGH THE WEB SITE BY THIRD PARTIES OR ENTITIES AND IN SPECIAL DAMAGES OF ANY KIND THAT LINKED TO THE ABOVE MAY BE PRODUCED BY (VR.GR.):
- ABSENCES OR DEFICIENCIES IN THE INFORMATION PROVIDED TO USERS OR IN THEIR TRUTH, ACCURACY AND SUFFICIENCY
- FAILURE OR FAILURE TO COMPLY WITH ANY DEFECTIVE OR IMPACT OF CONTRACTS OR PRE-CONTRACT RELATIONS.
- FAILURE TO COMPLY WITH THE OBLIGATIONS THAT COULD NOT BE DEVELOPED BY SERVICE PROVIDERS.
- INFRINGEMENT OF THE RIGHTS OF CONSUMERS AND USERS.
- INFRINGEMENT OF THE RIGHTS OF THE INTELLECTUAL AND INDUSTRIAL PROPERTY, REALIZATION OF ACTS OF UNFAIR COMPETITION OR ILLICIT ADVERTISING.
- INFRINGEMENT OF THE DATA PROTECTION RIGHT, THE PROFESSIONAL SECRET AND THE RIGHTS OF THE HONOR, THE PERSONAL PERSONAL INTIMITY AND THE IMAGE OF PEOPLE.
- IN GENERAL, THE BREACH OF ANY LAW, CUSTOM OR CODE OF CONDUCT RESULTING FROM APPLICATION.
6.2. The Holder does not assume any responsibility for
- DAMAGES, DAMAGES, LOSSES, CLAIMS, OR EXPENSES ARISING OUT OF INTERFERENCE, INTERRUPTIONS, FAILURES, OMISSIONS, TELEPHONE BREAKDOWNS, DELAYS, BLOCKINGS OR DISCONNECTIONS IN THE OPERATION OF THE ELECTRONIC SYSTEM MADE BY DEFICIENCIES OR OVERLOADS OR ERRORS IN THE TELECOMMUNICATIONS LINES, OR ANY ANOTHER CIRCUMSTANCE TO THE WEB SITE.
- ILLEGAL INTROMISES THROUGH THE USE OF COMPUTER VIRUSES OR OTHERWISE THEIR ORIGINAL USE OF THE WEBSITE BY THE USER, SAFETY ERRORS MOTIVATED BY THE INCORRECT OPERATION OF THE BROWSER USED OR BY NON-UPDATED VERSIONS OF THE BROWSER.
- OPINIONS DISMISSED BY THE USERS ON THE WEBSITE, THROUGH ANY OF ITS APPLICATIONS THAT PROVIDE IT.
- THE LICENSE, RELIABILITY, ACCURACY OR ACCURACY OF THE INFORMATION THAT ARE CARRIED OUT THROUGH THE PORTAL BY THIRD PERSONS OUTSIDE THE PORTAL.
6.3. The Card Holder warrants that
- THE CONTENT EXHIBITED ON THE WEBSITE IS ORIGINAL BY THE HOLDER OR THE HOLDER HAS THE EXPRESS AUTHORIZATION OF THE HOLDER THEREOF TO MAKE IT AVAILABLE THROUGH THE WEBSITE.
- ALL SERVICES PROVIDED THROUGH THE WEBSITE WILL BE CONTRACTED WITH THEIR LEGITIMATE HEADLINES, PURCHASING ORIGINAL PRODUCTS AND RESPECTING THE CURRENT LEGALITY AND THE COLOMBIAN LEGAL ORDER.
- THE CONTENT OF THIRD PARTIES THAT ARE PART OF OR SERVICES PARTIES PROVIDED THROUGH THE WEBSITE WILL BE REQUESTED AS IS (AS IS), AS ITS OFFENDERS ARE RESPONSIBLE FOR THEIR TRUTH, LEGITIMACY AND FEASIBILITY.
7. Owner's intellectual property
- As a User you acknowledge that all intellectual and industrial property rights over the contents and any other elements inserted in the Website belong to the Owner.
- The content of the Site may not be reproduced in whole or in part, nor transmitted or registered by any information retrieval system, in any form or in any medium unless prior authorization is obtained in writing from the Holder.
8.1 Main Definitions
The expressions used in capital letters in this Policy will have the meaning given here, or the meaning that the law or applicable jurisprudence give them, as said law or case law is modified from time to time.
- Authorization": It is the prior, express and informed consent of the Holder to carry out the Processing of Personal Data.
- "Database": It is the organized set of Personal Data that are object of Treatment, electronic or not, whatever the modality of its formation, storage, organization and access.
- "Financial Report": It is all Personal Data referred to the birth, execution and extinction of monetary obligations, regardless of the nature of the contract that originates them, whose Treatment is governed by 1266 2008 or the rules that complement, modify or add.
- "Personal Data": Any information of any kind, linked or that may be associated with one or more natural or legal persons determined or determinable.
- "Public Data": It is the Personal Data qualified as such according to the mandates of the law or of the Political Constitution and that which is not semi-private, private or sensitive. Data on the marital status of persons, their profession or trade, their status as a trader or public servant, and those that can be obtained without reservation are public, among others. By their nature, public data may be contained, inter alia, in public records, public documents, official gazettes and bulletins, duly executed judicial decisions that are not subject to reservation.
- "Sensitive Data": It is the Personal Data that affects the privacy of the Holder or whose abuse may generate its discrimination, such as those that reveal union affiliations, racial or ethnic origin, political orientation, religious, moral or philosophical beliefs, membership Trade unions, social organizations, human rights organizations, or that promote the interests of any political party or guarantee the rights and guarantees of opposition political parties, as well as data on health, sexual life and biometric data.
- "Treatment Manager": It is the natural or legal person, public or private, that by itself or in association with others, perform the Processing of Personal Data on behalf of the Responsible for Treatment.
- "Authorized": It is the Company and all persons under the responsibility of the Company, who by virtue of the Authorization and these Policies have legitimacy to Treat the Personal Data of the Holder. The Authorized includes the Enabled category.
- "Qualification": It is the legitimation that expressly and in writing by contract or document that makes its times, grant the Company to third parties, in compliance with the applicable Law, for the Processing of Personal Data, converting such third parties into Data Processing Managers Personals delivered or made available.
- "Responsible for Treatment": It is the natural or juridical person, public or private, that by itself or in association with others, decides on the Database and / or the Treatment of Personal Data.
- "Starter"Of the Personal Data: It is the natural or legal person to whom the information that rests in a Data Base refers, and who is the subject of the right of Habeas date.
- "Transfer": It is the Processing of Personal Data that implies the communication of the same within or outside the territory of the Republic of Colombia when it is intended to conduct a Treatment by the Manager on behalf of the Responsible.
- "Transmission": It is the Personal Data Processing activity through which the same are communicated, internally or with third parties, within or outside the territory of the Republic of Colombia, when said communication is intended to carry out any Treatment activity by the Receiver of the Personal Data.
- "Processing of Personal Data": It is any systematic operation and procedure, electronic or not, that allows the collection, conservation, ordering, storage, modification, relationship, use, circulation, evaluation, blocking, destruction and in general, Personal, as well as their transfer to third parties through communications, consultations, interconnections, assignments, data messages.
In the course of its business activities, the Administrator will collect, use, store, transmit and perform various operations on the personal data of the Holders. In any Treatment of Personal Data carried out by the Administrator, the Responsibles, Managers and / or third parties to whom Personal Data are transferred shall comply with the principles and rules established in the Law and in this Policy, in order to guarantee the right To habeas data of the Holders and to fulfill the obligations of Law of the Administrator. These principles are:
- Prior Authorization: All Processing of Personal Data will be carried out once the previous, express and informed Authorization of the Holder has been obtained, unless the Law establishes an exception to this rule. In the event that Personal Data has been obtained prior to the Law, the Administrator will seek the appropriate ordinary and alternative means to convene the Holders and obtain their retroactive authorization, following the provisions of Decree 1377 and the corresponding rules.
- Authorized Purpose: All Personal Data Processing activities must comply with the purposes mentioned in this Policy or in the Authorization granted by the Owner of the Personal Data, or in the specific documents where each type or process of Processing of Personal Data is regulated. The purpose of the Particular Treatment of a Personal Data must be informed to the Holder of the Personal Data at the time of obtaining its Authorization. The Personal Data may not be processed outside of the purposes informed and consented to by the Data Holders.
- Quality of the Data: The Personal Data submitted to Treatment must be truthful, complete, accurate, updated, verifiable and understandable. When Partial, Incomplete, Fractionated or Misleading Personal Data is in the possession of the Administrator, the Administrator shall abstain from processing them, or request from the holder the completeness or correction of the information.
- Delivery of information to the Holder: When the Holder requests it, the Administrator must provide the information about the existence of Personal Data that concerns the applicant. This information delivery will be carried out by the dependency of the Administrator responsible for the protection of personal data (see point 7 of this Policy). Restricted Circulation: Personal Data may only be processed by those personnel of the Administrator who has authorization for it, or who within their functions are responsible for carrying out such activities. Personal Data may not be delivered to those who do not have Authorization or have not been Enabled by the Administrator to carry out the Treatment.
- Temporality: The Administrator will not use the information of the holder beyond the reasonable time that requires the purpose that was informed to the Owner of the Personal Data.
- Restricted access: Except for specifically authorized data, the Administrator may not make Personal Data available for access through the Internet or other mass media, unless technical and security measures are in place to control access and restrict access To Authorized Persons.
- Confidentiality: The Administrator must always carry out the Treatment by providing technical, human and administrative measures that are necessary to maintain the confidentiality of the data and to prevent it from being adulterated, modified, consulted, used, accessed, deleted, or known by unauthorized persons Or by authorized and unauthorized persons fraudulently, or that the Personal Data is lost. Any new project involving the Processing of Personal Data must be consulted in this Treatment Policy to ensure compliance with this rule.
- Confidentiality and Subsequent Treatment: Any Personal Data that is not Public Data must be treated by the Responsible parties as confidential, even if the contractual relationship or the link between the Personal Data Holder and the Administrator is terminated. Upon termination of such link, such Personal Data must continue to be Treated in accordance with this Policy and with the Law.
- Individuality: The Administrator will maintain separately the databases in which he has the quality of Responsible for the databases in which he is Responsible.
- Necessity: The Personal Data can only be Treated during the time and to the extent that the purpose of its Treatment justifies it.
8.3 Treatment and Purposes
The Personal Data processed by the Administrator must be strictly submitted only for the purposes indicated below. Likewise the Personnel or third parties who have access to the Personal Data by virtue of Law or contract, will maintain the Treatment within the following purposes:
- Manage all the information necessary for compliance with the tax obligations and commercial, corporate and accounting records of the Administrator.
- Comply with the internal processes of the Administrator in matters of administration of clients, suppliers and contractors.
- Comply with service contracts with customers.
- Provide its services in accordance with the particular needs of the Administrator's clients, in order to comply with the service contracts entered into, including but not limited to the verification of affiliations and rights of the individuals to whom the clients of the Administrator will render their services , Use the Personal Data for marketing and / or marketing of new services or products.
- The other purposes that determine the Responsible in processes of obtaining Personal Data for their Treatment and that are communicated to the Holders at the time of the collection of the personal data.
- The control and prevention of fraud and money laundering, including but not limited to restrictive lists, and all necessary information required for SARLAFT.
- The process of archiving, updating of systems, protection and custody of information and databases of the Administrator.
- Processes inside the Administrator, for purposes of development or operational and / or system administration.
- The transmission of data to third parties with whom contracts have been concluded for this purpose, for commercial, administrative, marketing and / or operational purposes, including but not limited to the issuance of licenses, personalized certificates and certifications to third parties, in accordance with The legal provisions in force.
- Maintain and process by computer or other means, any type of information related to the client's business in order to provide the relevant services and products.
- The other purposes that determine the Responsible in processes of obtaining Personal Data for Treatment, in order to comply with legal and regulatory obligations, as well as the policies of the Administrator.
8.4 Rights of the Owner of the Personal Data
In accordance with the Law, the Personal Data Holders have the following rights:
- To know, to update and to rectify his Personal Data in front of the Administrator or the Managers of the Treatment of the same. This right may be exercised, inter alia, against partial, inaccurate, incomplete, fractioned, misleading, or those whose Treatment is expressly prohibited or has not been authorized.
- Request proof of the Authorization granted to the Administrator, unless the Law indicates that such Authorization is not necessary.
- Submit requests to the Administrator or the Treatment Manager regarding the use that he has given to his Personal Data, and that they provide such information.
- Submit to the Superintendency of Industry and Commerce complaints for infractions to the Law.
- Revoke your Authorization and / or request the deletion of your Personal Data from the Administrator's databases, when the Superintendency of Industry and Commerce has determined by means of a definitive administrative act that in the Treatment The Administrator or the Person in Charge of the Treatment has engaged in contrary conduct To the Law or when there is no legal or contractual obligation to maintain the Personal Data in the Responsible database.
- Request free access and access to your Personal Data that have been object of Treatment in accordance with article 21 of 1377 Decree 2013.
- To know the modifications to the terms of this Policy in a previous and efficient way to the implementation of the new modifications or, in its defect, of the new policy of treatment of the information.
- Have easy access to the text of this Policy and its modifications.
- Access easily and easily to the Personal Data that are under the control of the Administrator to effectively exercise the rights that the Law grants to the Holders.
- To know the dependency or person authorized by the Administrator before whom can present complaints, consultations, claims and any other request regarding their Personal Data.
The Holders may exercise their rights of law and perform the procedures established in this Policy, by submitting their citizenship card or original identification document. Minors may exercise their rights in person, or through their parents or adults who have parental authority, who must prove it through the relevant documentation. Likewise, the rights of the Card Holder may be exercised by the successors in title, the representative and / or proxy of the holder with the corresponding accreditation and those who have made a stipulation in favor of another or for another.
8.5 Data Protection Officer
The Administrator is responsible for the receipt and attention of requests, complaints, complaints and queries of all kinds related to Personal Data. The Administrator will process queries and claims regarding Personal Data in accordance with the Law and this policy.
Some of the particular functions in relation to Personal Data are:
- Receive the requests of the Personal Data Holders, process and respond to those that are based on the Law or these Policies, such as requests to update Personal Data; Requests to know the Personal Data; Requests for deletion of Personal Data when the Holder presents a copy of the decision of the Superintendence of Industry and Commerce in accordance with what is established in the Law, requests for information on the use given to their Personal Data, requests for updating of Personal Data, Requests for proof of the Authorization granted, when she has proceeded according to the Law.
- To respond to the Holders of Personal Data on applications that do not proceed in accordance with the Law.
Customer Service contact details are:
- Physical Address: 62 # 4 87 Street
- E-mail: firstname.lastname@example.org
- Phone: (+ 57) (1) 6358908
- Position of the contact person: Santiago Sanmiguel
8.6 Procedures for exercising the rights of the Holders of Personal Data
The Administrator shall have mechanisms in place for which the Holder, his / her successors, representatives and / or proxies, those who have been stipulated in favor of another, and / or the Are the Personal Data of the Owner that rest in the Databases of the Administrator.
These mechanisms may be electronic via mail Info@santiagosanmiguel.com (+ 57) (1) 301 635, to receive requests, complaints and complaints.
Whatever the means, the Administrator will keep proof of the query and its response.
- If the applicant has the capacity to formulate the query, in accordance with the accreditation criteria established in Law 1581 and Decree 1377, the Administrator will collect all information about the Holder that is contained in the individual record of that person or that is linked With the identification of the Holder within the Administrator's databases and will be made known to the applicant.
- The person Responsible for answering the query will respond to the applicant as long as he / she is entitled to it because he / she is the holder of the Personal Data, his / her assignee, proxy, representative, stipulated by another or another, or the legal responsible in the case of Children. This response will be sent within ten (10) business days from the date the request was received by the Administrator.
- In case the application can not be attended to the ten (10) working days, the applicant will be contacted to communicate the reasons why the status of his application is in process. For this purpose, the same or similar medium used by the Holder will be used to communicate his request.
- The final response to all requests will not take more than fifteen (15) business days from the date on which the initial request was received by the Administrator.
The Administrator has mechanisms in place for the Holder, his / her successors, representative and / or proxy, those stipulated by another or for the other, and / or the representatives of minors, to make claims regarding (i) Personal Data Treated by The Administrator that must be corrected, updated or deleted, or (ii) the alleged breach of the duties of the Administrator's Law.
These mechanisms may be electronic via mail Info@santiagosanmiguel.com Or on the hotline (+ 57) (1) (301) 635 8908, to receive requests, complaints and complaints.
- The claim must be submitted by the Holder, his successors or representatives or accredited in accordance with the 1581 Act and Decree 1377, as follows:
- You should go to Santiago Sanmiguel electronically to the email address email@example.com; Or on the hotline (+ 57) (1) (301) 635 8908.
- It must contain the name and identification document of the Holder.
- It must contain a description of the facts that give rise to the claim and the objective pursued (updating, correcting or suppressing, or fulfilling duties).
- You must indicate the address and contact details and identification of the claimant.
- It must be accompanied by all the documentation that the claimant wishes to enforce.
The Administrator, before answering the complaint, will verify the identity of the Personal Data Holder, his representative and / or proxy, or the accreditation of a stipulation by another or another. In order to do so, it may require the citizenship card or original identification document of the Holder, and the special powers, general or documents that are required as the case may be.
- If the claim or additional documentation is incomplete, the Administrator will require the claimant only once within five (5) days after receipt of the claim to remedy the faults. If the claimant fails to submit the required documentation and information within two (2) months after the date of the initial claim, it will be deemed to have waived the claim.
- If for any reason the person who receives the claim within the Administrator is not competent to resolve it, he will transfer Customer Service Analyst within two (2) business days after receiving the claim, and inform said claimant .
- Once the complaint has been received with the complete documentation, a legend that says "complaint in process" and the reason for it, in a term not greater than two, will be included in the Administrator's Database where the Data of the Holder subject to claim (2) business days. This legend must be maintained until the claim is settled.
- The maximum term to attend the claim shall be fifteen (15) business days counted from the day following the date of receipt. When it is not possible to deal with the claim within that term, the interested party will be informed of the reasons for the delay and the date on which their claim will be dealt with, which in no case may exceed eight (8) working days following the expiration of the first finished.
This Policy is effective as of the 7 for November of 2016. Personal Data that is stored, used or transmitted will remain in our Database, based on the criterion of temporality and necessity, for as long as it is necessary for the purposes mentioned in this Policy, for which it was collected.