Terms and Conditions

KNOW OUR POLICY DATA MANAGEMENT

Welcome to the website of the Fundación Fruto Bendito (the “Foundation”), hereinafter the “Website”. Please take a few minutes to read these terms of use (the “Terms”). The Conditions govern your use of this Website and social networks provided by the “Foundation”. Therefore, by virtue of the use of this Website, you accept the Conditions and the modifications that the “Foundation” makes of them and publishes on the Website. Use of this website is governed by the Conditions set out below. Use: The “Foundation” maintains this Website and its Social Networks for informational purposes, its main function is to provide information and services, as well as to disseminate and promote all those activities to achieve its objective, among others, topics and activities that have to do with your mission and vision. Additionally, by this means the entity discloses information on policies, plans, programs and institutional projects, services; plans and programs; publications; recommended pages, and, in general, information related to the entity or the programs developed by the entity. Additionally, it allows the option of requesting information and contact online and offers interaction tools for site users. The Website may have links to other sites of interest or to documents located on other websites owned by other entities, persons or organizations other than the Foundation. Only by the fact that the user accesses another website or an individual document located on another page, Through a link or a link established on the Website, the user must submit to the conditions of use and the privacy policy of the website to which the link is sent. The establishment of a link (link) with the website of another company, entity or program does not necessarily imply the existence of relations between the Foundation and the owner of the linked website or website, nor the acceptance or approval by the Foundation of its contents or services. Those who intend to establish a link (link) will ensure that it only allows access to the Web home page. The establishment of a link (link) with the website of another company, entity or program does not necessarily imply the existence of relations between the Foundation and the owner of the linked website or website, nor the acceptance or approval by the Foundation of its contents or services. Those who intend to establish a link (link) will ensure that it only allows access to the Web home page. The establishment of a link (link) with the website of another company, entity or program does not necessarily imply the existence of relations between the Foundation and the owner of the linked website or website, nor the acceptance or approval by the Foundation of its contents or services. Those who intend to establish a link (link) will ensure that it only allows access to the Web home page.

Likewise, the Foundation is not responsible for the information that is outside this Website and is not managed directly by the administrator of the Website. The links that appear on the Website are intended to inform the user about the existence of other sources capable of expanding the content offered by the Website, or that are related to them. The Foundation does not guarantee or take responsibility for the operation or accessibility of the linked web pages; nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained. Therefore, access to them through the Website does not imply that the Foundation recommends or approves their contents. Users can download, copy and print information from the Website in order to interact with the “Foundation” and for purposes other than commercial in nature, in accordance with the conditions stipulated in materials expressly attributed to third parties, provided that the “Foundation is cited ”As the source of the material in question. Users may not put “frames” on the materials on the Website or duplicate them on other sites without the express written authorization of the “Foundation”. Users may not reproduce, modify, copy, sell, create derivative works, distribute, publicly display or exploit for commercial purposes any material, information, content, code or data found on the Website. The content of the materials that are expressly attributed to third parties will be their property and responsibility, and not from the “Foundation”. The use of such information will be subject to the legal conditions imposed by said third parties. The names, trademarks, logos and domains that appear on the Website are the intellectual property of their respective owners and are protected by intellectual property laws. Disclaimer: The use of this Website will be exclusively at the user’s own risk. The “Foundation” does not guarantee in any way the accuracy, completeness, reliability or timeliness of any material or information on the Website, and the “Foundation” under no circumstances, including, for example, negligence, will be liable for any direct, indirect, incidental or special expense or damage that is generated as a result of the use of such material or information, including expenses or damages derived from failures in communications or computer failures related to the use of the Website. The information linked to a particular date is offered exclusively in relation to that date, without the “Foundation” assuming any type of obligation to update the material on the Website. The “Foundation” may add, modify, improve or update without prior notice, at any time and at its discretion, the material on the Website and reserves the right to limit or suspend the Website, also without prior notice. As a condition of using the Website, you agree to hold the “Foundation” harmless in relation to any action, claim, loss, injury, liability or expense (including reasonable legal fees) resulting from your use of the Website, which includes, for example, lawsuits alleging facts that, if true, would constitute a violation by you of these conditions. If the user is not satisfied with any material on the Website, or with any of its conditions of use, the only legal solution to which they will be entitled is to stop using the Website. No element of the Website, nor of the materials included therein, shall be construed, either explicitly or implicitly, as inclusive of any recommendation of practice. The “Foundation” controls, operates and administers this Website, from its offices in the city of Bogotá. The opinions and conclusions of the authors and compilers contained herein do not necessarily reflect the opinions and conclusions of the “Foundation”. Unless otherwise stated,

 

DATA PROCESSING POLICY

 

In accordance with the provisions of article 15 of the Political Constitution of Colombia and the applicable international legislation on data protection, the Foundation assumes the firm commitment to ensure the due protection of the rights of the Information Holders, as well as that of safeguard the personal information provided by them. To achieve this, it has established a FOUNDATION DATA PROCESSING POLICY (hereinafter the “Policy”).

This Data Processing Policy will be applicable to the processing of data that the Foundation collects through different means such as the Foundation’s Website, or by any other face-to-face mechanism. This Policy establishes the rights and responsibilities of the Holders of the information, as well as the duties and commitments of the Foundation in the use of said information.

For such purposes, “information or personal data” is defined as the data provided by the Holders related to names and surnames, identification, age, gender, profession, addresses, email, telephone numbers, and other data that are generally used to identify companies. persons.

Based on the foregoing, Holders must read this Policy in detail and carefully beforehand. The terms and conditions set forth herein will apply to the data supplied physically as well as through the Foundation’s Website, which is why it is recommended to be aware of them before using or exploring the Foundation’s Website; If they do not agree with this Policy, the Holders must refrain from using the Foundation’s Website or from providing their data to the Foundation.

DEFINITIONS: Owner: Natural person whose personal data is subject to Treatment.

Responsible for the Treatment: It is the Foundation or any other natural or legal person, public or private, that by itself or in association with others, decides on the Treatment of the data.

Responsible for the Treatment: Natural or legal person, public or private, that by itself or in association with others, carries out the Treatment of personal data on behalf of the Person Responsible for the Treatment.

Authorization: Prior, express and informed consent of the Holder to carry out the processing of personal data.

Database: Organized set of personal data that is subject to Treatment.

Personal data: Any information linked or that may be associated with one or more specific or determinable natural persons.

Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion.

Foundation Website: It is the virtual page of the Foundation which can be found at the virtual address: https://fundacionfrutobendito.org/

  1. General features.

The general aspects that guide the Foundation Policy are the following: This Foundation Policy establishes under what conditions the Foundation obtains Personal Information, how it is used, how it is protected, and the rights that the Information Holder has in relation to the treatment of said information.

Acceptance of this Foundation Policy by the holders will take place when any of the following events occurs: a). Provision of data in the registration forms of the Website and of the use of any of the services available on said Site, b). The use of the acceptance, security and access mechanisms to the Website established by the Foundation, c). The consultation of any content incorporated into the Foundation’s Website, d) Providing personal data to the Foundation physically or by any other means.

By means of the authorization granted by the Holder, at the time of providing his data, he accepts this Policy in accordance with the provisions of article 7 of Decree 1377 of 2013. Said authorization is an essential requirement to access or use the Website of the Foundation.

The processing of the Holder’s personal data will have the sole purpose of: i) Providing information related to the activities of the Foundation; ii) The sending of the monthly newsletter; iii) To be linked to the Partner and / or Godparent Program according to the conditions established on the website https://fundacionfrutobendito.org/socios/ iv) To participate in volunteering according to what is indicated in https: // fundacionfrutobendito .org / voluntariado / and v) To make contributions by way of donation according to the information provided at https://fundacionfrutobendito.org/donar/

This Policy may be modified at any time and without prior notice by the Foundation, for legal or institutional reasons, mediating, for this purpose, a timely communication in which the Holders will be notified of the modifications made, unless there are a substantial modification to the purposes of the Policy or a change is made in terms of those responsible for data processing, in which case such modifications will be informed precisely to the Information Holders in the terms indicated in Law 1581 of 2012 and Decree 1377 of 2013.

  1. Personal registration information on the Foundation’s website.

The collection, registration, access and use of personal information is the minimum required to comply with Colombian legal regulations and international uses on privacy and data protection on the Internet.

In the treatment of information, the fundamental and prevailing rights of minors and adolescents will be respected in the terms indicated by article 7 of Law 1581 of 2012 and article 12 of Decree 1377 of 2013 and other regulations that regulate The matter.

For the particular case of the use of the Foundation’s Website, the user or visitor may be asked to supply certain personal data necessary to consult any information or content incorporated in said Site, the use of any of the services available in it, or to access the interactive mechanisms. Said data will be part of a file and / or database that may be used by the Foundation, within the purposes established in this document or in the respective authorization document.

III. Use of information 

The Foundation does not disclose, nor sell or rent to third parties the personal information provided by the Holders and / or the users of its Website. Said information will be kept with the due security and confidentiality conditions established in this Policy and in the legal regulations that govern the matter and its use will be made exclusively to fulfill the purposes and purposes for which it was supplied. However, the Foundation may have to share said information with other institutions or people with whom it has some kind of relationship, or that by legal provision is obliged to do so, as in the following cases (article 13 of Law 1581 of 2012):

That of its employees, contractors or affiliates, in order to support operations and activities aimed at developing its corporate purpose.

That of financial, credit or credit risk rating agencies.

That of other entities that make up the Foundation community, such as Treasury, Accounting or members of the Regional Teams.

That of judicial offices or administrative authorities when so required, in accordance with the final paragraph of Article 15 of the National Constitution of Colombia.

Given the nature of the activities carried out by the Foundation, the Personal Information of a financial nature that is collected from the Holders and that they provide on the occasion of the services they use or request, may be shared with third parties that provide services to the Foundation to perform financial evaluations, all in accordance with the provisions of Law 1266 of 2008, Law 1581 of 2012, Decree 1377 of 2013 and other complementary regulations on the management of information contained in personal databases, especially financial, credit, commercial and services.The Foundation will adopt the necessary measures for said third parties to apply confidentiality and security measures so that the information provided is not disclosed or used for purposes other than those established in the legal regulations and those defined in this Policy.

It is likely that as a consequence of an institutional organization process, the Foundation will allow the Personal Information provided by the Holders so that it can be consulted or used for specific cases by other members of the Foundation, such as regional teams. In these cases, it should be understood that if the Foundation allows it, it does so solely and exclusively for the purposes of the programs and projects it carries out, but always linked to the Foundation and its activities and never outside the motives and purposes for which the information was collected. Consequently, third parties who access this information may in no case use it to contact the Holders or other members of the Foundation for commercial, professional, service or any other purposes.

In the event that the requested personal information is capable of being transferred to third parties for the aforementioned purposes, said transfer will be made based on the prior, express and written authorization given by the Holders by which the transfer of the data will be authorized. personal information provided.

  1. Authorization.

For the Foundation, the consent of the Holders for the processing of their data is one of the most important elements that make up the concept of privacy. Therefore, within this Policy, the manifestation of said consent will be regulated by the following prescriptions:

For the treatment of the information, a prior, express and informed authorization of the Holder is required, which must be obtained by any means that may be subject to subsequent consultation.

The Foundation, when requesting authorization from the Holder, will clearly and expressly inform you of the following:

The Treatment to which your personal data will be submitted and the purpose thereof.

The optional nature of the answer to the questions that are asked, when these relate to sensitive data or the data of girls, boys and adolescents.

The rights that assist you as the Owner.

The identification, physical or electronic address and telephone number of the Data Controller.

Said authorization will empower the Foundation to collect and be responsible for the treatment of the information given by the Holders who by any means, including the Foundation’s Website, provide information to it.

The Foundation’s Website has been designed for a general audience and not specifically for minors. However, the Foundation does not collect, use or disseminate data on children or adolescents. However, we are aware that in the event that personally identifiable information is collected regarding a child or adolescent, we will use such information for the sole purpose of contacting a parent or guardian of the minor to obtain consent and authorization. for the treatment of the data. If we are unable to obtain consent after a reasonable period of time, or if when we make contact, the parent or guardian asks us not to use or maintain such information, we will remove such information from our databases.

  1. Management of the information collected through the Foundation’s Website.

It is noted that the Foundation will communicate with the users of its Website by electronic means and it will then be their responsibility to be informed of the activities, news and decisions of the Foundation, in the event that the Owner or user chooses not to receive electronic communications, or decide not to enter the Site.

For certain communications and services, the Foundation will ask the user for their explicit consent before starting the process of the service requested through its Website. The user may choose not to receive our communications or electronic services, changing the option of notifications given on the Website, or through the link that is sent attached to all emails and communications from the Foundation, which will allow them to unsubscribe. in the list of electronic messages for that particular service or distribution.

  1. Rights of the Holders.

The owner of the information will have the following rights:

Know, update and rectify your personal data in front of the Treatment Managers or Treatment Managers. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose Treatment is expressly prohibited or has not been authorized.

Request proof of the authorization granted to the Responsible for the Treatment except when expressly excepted as a requirement for the Treatment.

Be informed by the Treatment Manager or the Treatment Manager, upon request, regarding the use that has been given to your personal data.

Present before the Superintendency of Industry and Commerce complaints for infractions of the provisions of the law.

Revoke the authorization and / or request the deletion of the data when the principles, rights and constitutional and legal guarantees are not respected in the Treatment. The revocation and / or deletion will proceed when the Superintendency of Industry and Commerce has determined that in the Treatment the Responsible or Person in Charge have engaged in conduct contrary to the law and the Constitution.

Free access to your personal data that have been subject to Treatment.

  1. Queries. 

The Holders or their successors in title may consult the personal information that resides in any database of the Foundation. The Foundation or the Responsible or Person in Charge of the Information will provide them with all the information contained in the individual registry or that is linked to the identification of the Holder.

The query will be made by the Holders or their successors in writing, addressed to the following Contact:

[email protected] , mentioning enough information to identify the required data of the Holder.

The foundation will state the date of receipt of the same and will be in charge of processing it.

The query will be answered within a maximum term of ten (10) business days from the date of receipt. When it is not possible to attend the query within said term, the interested party will be informed, stating the reasons for the delay and indicating the date on which the query will be attended, which in no case may exceed five (5) business days following the expiration of the first term.

VII. Access to review, correct and delete information provided on the Foundation’s Website.  

Taking into account that the Foundation uses Personal Information only for the purposes and purposes that it was requested, as long as its Holders gave their authorization, the Foundation will take reasonable measures to ensure that said information is used in a correct and pertinent manner according to the purpose. for which it was collected. One of the measures indicated is to allow users access to the information provided through the Website, so that, from their account profile, they can review, modify or update it as they deem necessary or convenient. In order to do so, the user must use the feedback mechanisms offered on the Site, or contact the Foundation at the following address: inform [email protected] The Foundation may, at any time, request printed information from users to verify its authenticity.

VIII. Claims. 

The Holder, or his successors in title, who considers that the information contained in a database should be subject to correction, updating or deletion, or when they notice the alleged breach of any of the duties contained by law, may file a claim with the Foundation or the Responsible or Person in Charge of the Information, which will be processed under the following rules:

The claim will be formulated by means of a request addressed to the Person in Charge of Treatment or the Person in Charge of Treatment, with the identification of the Holder, the description of the facts that give rise to the claim, the address, and accompanying the documents that you want to enforce. If the claim is incomplete, the interested party will be required within five (5) days after receiving the claim to correct the faults. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that the claim has been withdrawn.

In the event that the person who receives the claim is not competent to resolve it, he / she will transfer it to the corresponding person within a maximum term 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 kept until the claim is decided.

The maximum term to attend the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to attend 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 attended, which in no case may exceed eight (8) business days following the expiration of the first finished.

  1. Obligations and duties of the users of the Foundation’s Website. 

The obligations, duties, minimum practices and warnings that the user must comply with and take into account when accessing the Foundation’s Website, are the following:

The user must provide the Foundation with true, precise, updated and complete information when it is requested to register or process a service, as indicated in the corresponding form. Additionally, the user agrees to keep this information updated and complete.

The Foundation reserves the right to withdraw, without prior notification to the user, any information that is disclosed on the Website and that it considers harmful or detrimental to its interests or the interests of third parties. However, the Foundation is not obliged to remove information that any user considers offensive or harmful, or to monitor the conversations or dialogues of users or visitors to the Website.

When the user provides any information to the Foundation, the same user must take precautionary measures to avoid the loss or inappropriate use of said information. If such measures are not taken, the Foundation will not be responsible for the use that third parties may make of the information that has not been duly secured and protected by the user.

The user undertakes not to collect or disclose the personal data or information of other users of the Foundation’s Website and that they are disclosed through it, or that rest in the Foundation’s information systems. Nor will you be able to publish them on other Websites through any means.

The provision of false information or the omission of any obligation or duty of the user established in this Policy, grants the Foundation the right to automatically terminate, without prior notice and definitively, the provision of services to the user.

  1. Incorporation by referral. 

Both the visitor and the user of the Foundation’s Website are warned that, in accordance with article 44 of Law 527 of 1999, this Policy is an integral part of the conditions of use of this Website and is incorporated, by reference, to the same. Consequently, this Policy and its terms will be legally valid as if they had been incorporated in their entirety, in the text of the conditions of use of the Foundation’s Website.

  1. Security. 

The Foundation is firmly committed to protecting the personal information that the Holders provide it, for this reason reasonable security precautions have been taken to maintain said protection.

Notwithstanding the foregoing, in the case of the treatment and collection of information through the Foundation’s Website, and in view of the potential dangers of the internet, the Foundation does not guarantee that the information provided is completely safe from people who try to circumvent security measures or intercept Internet transmissions. Therefore, the user or visitor accepts the potential risk that this implies.

XII. Transfer of Data to Third Countries.

As explained in this Policy, it is possible that the obtaining, use and disclosure of personal information requires the transfer of said information to third parties. But when this transfer must be made to entities located in other countries where there are no standards equivalent to those of Colombia on privacy and data protection, the Foundation will ask the owner of the information for their consent to carry out such transfers, all in accordance with the This Policy and subject to the requirements established in Colombian legislation on the matter. The Foundation may entrust the processing of personal data to third parties who must do so under this Policy.

XIII. Information storage term. 

The Personal information provided to the Foundation will be stored and maintained for as long as is necessary for the efficient provision of the services requested by the Holders, unless they have given different instructions or in any case, for the retention period contemplated in applicable laws.

XIV. Information collected automatically through the Foundation’s Website. 

Non-identifiable information.

As is usual with many pages, the Web page server automatically receives certain non-identifiable information concerning the users of said page, such as: Internet Protocol (IP) address of the computer, IP address of the Internet Service Provider , date and time you entered the website, Internet address of the page from which you directly connected to our website, operating system you are using, sections of the website visited, pages read and images viewed, and any other content that you have submitted or downloaded from the Website. The Foundation will use this non-identifiable information only for administrative or statistical purposes, to identify people who threaten its Site and to improve the service provided by the Web page.

Cookies.

The Foundation’s Website uses “cookies”, a technology by which information is installed on the computer of a user of the page that is not visible to the visitor, in order to allow it to recognize future visits by that computer. Cookies increase convenience and improve the use of the Website.

The Foundation can only read the cookies that the Site places and will not be able to access or read those that have been placed by others. Cookies may also be used collectively to detect site navigation and circulation trends. This joint and anonymous information will help to improve the content of the Site, and could be shared with the Foundation’s associates or with the third parties indicated in this document.

If the user is registered on the Foundation’s Site, when they enter it, they may be supplied with a cookie that their browser maintains and that contains their identifier. This type of cookie, which does not provide personal information, is used to identify the user and to provide access to certain areas of the Foundation Site that are limited to unregistered users, such as those that allow you to view and manage your account.

The user may choose to reject the “cookies” placed on the Foundation’s Website if their browser allows it, but this could affect their use of the page and their ability to access certain sections. But if you decide to register and enter them, you must accept them. Most browsers are programmed with the default option to accept and maintain cookies. To obtain more information about cookies and how to specify your preferences regarding them, please search for “cookie” in the “Help” option of your browser.

Visits audit (Internet signals)

In order to measure the interest and use of the Website, it may use visit audits together with cookies, which may be included in the electronic messages in Web format that the Foundation sends (or that are sent on its behalf) in order to to determine which electronic messages were opened and to determine whether any of them led to an action. The user may make some of these signals unusable by rejecting the cookies with which they are associated. The Foundation does not use these signals to obtain any personal information.

Navigation trend

“User clicks” or “data obtained from user clicks” reflect the specific pages on the Internet visited by an individual user and, importantly, the manner or pattern of circulation by which a user moves from one page on the Internet to another. The Foundation tracks such information only within its Site; specifically, it does not follow any activity of this type outside the Foundation’s Internet pages.

The data obtained from the browsing trend does not contain or reveal any personal information about the user and we do not compare such data with the personal information that you provide us.

  1. Changes to the Foundation’s Data Processing Policy. 

This Policy may be modified at any time and without prior notice by the Foundation, for legal or institutional reasons, mediating, for this purpose, a timely communication in which the Holders will be notified of the modifications made, unless there are a substantial modification to the purposes of the Policy or a change is made in terms of those responsible for data processing, in which case such modifications will be informed precisely to the Information Holders in the terms indicated in Law 1581 of 2012 and Decree 1377 of 2013.

XVI. Contact Us. 

The Foundation will constantly verify compliance with this Policy. If the Holder has any questions or queries about this Policy, or about the collection, use and disclosure practices of personal information by the Foundation, they can contact us at the address  [email protected]

When contacting us, the Holder must indicate that he is requesting information as well as the nature of it. The Foundation will make a reasonable effort to respond promptly to requests, questions or concerns that the user has regarding the use of their personal information.

If the Holder receives an unsolicited email message, or any threatening or offensive message, or considers that another user or any person is violating a right under this Policy, they must send the Foundation a complete and unmodified copy of the E-mail message received, with full headers, to the email address indicated above. This Policy is governed by the Colombian legal norms that regulate the matter and any controversy that arises on the occasion of the use of it, will be settled by the ordinary Colombian jurisdiction.

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