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Privacy Policy

PRIVACY POLICY


POLICY FOR PROCESSING INFORMATION AND PROTECTION OF PERSONAL DATA 

Effective date 07/18/2022 – Version 05

 

1. OBJETIVE.

To establish and publicize the organizational guidelines through the POLICY OF TREATMENT OF INFORMATION AND PROTECTION OF PERSONAL DATA of TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A AND TBTB GLOBAL LAB S.A.S, for the treatment of information and data protection and in accordance with national regulations in Colombia and Peru.

 

 

2. SCOPE.

The Information Processing and Personal Data Protection Policy presented below will apply to all data and/or files that contain personal data and that are processed by TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A and TBTB GLOBAL LAB S.A.S, considered as responsible and / or in charge of the processing of personal data.

3. EXECUTIVE SUMMARY.


TUDO BEM TUDO BOM ANDEAN, S.A.S., TBTB GLOBAL LAB S.A.S, in compliance with the provisions of Law 1581 of 2012 issued by the Congress of the Republic of Colombia and its regulatory decrees, and TUDO BEM TUDO BOM PERU S.A Law 29733 issued by the Congress of the Republic of Peru,  amended by Legislative Decree no. 1353, on the protection of personal data, which aim  to guarantee and develop the fundamental and constitutional rights  of all persons to the protection of their personal data,  to be informed, to update and to rectify the information that has been collected about them in databases or files among others;  informs  all of its customers, suppliers, employees and other persons who are as owners in our databases, that TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A AND TBTB GLOBAL LAB S.A.S, respect the confidentiality and security of the information, for this reason it cares about preserving the data that you have provided us directly or through the use of means  electronic, among other mechanisms.


TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A AND TBTB GLOBAL LAB S.A.S, in its capacity as owner of the information guarantees that it will be used only in strict exercise of the development of its corporate purpose and with its authorization for the following purposes: to maintain communication,  sending correspondence, messages, communications, certifications or similar, providing or being provided with services and / or products, evaluation of quality of service and compliance with contractual obligations with our owners.


The objective is to make available to the owners of the data and other interested parties, a document with the policies of treatment of the information and personal data collected as part of the commercial activities developed by TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A AND TBTB GLOBAL LAB S.A.S,  this document summarizes the rights enshrined in the Law and in the constitution, the purposes of the treatment, the communication channels available to answer queries and claims.

 

 

4. RESPONSIBLE FOR THE TREATMENT.

TUDO BEM TUDO BOM ANDEAN, S.A.S., legally constituted company, identified with N.I.T. 900.647.150 – 9, domiciled at Calle 116 #9-72, Edif. Global Medical Center, Consultorio 205, Bogotá, Colombia. ZIP Code 110111, TBTB GLOBAL LAB S.A.S, identified with N.I.T.  901034854-8, domiciled at Calle 116 #9-72, Global Medical Center Building, Consultorio 402 Bogotá, Colombia.  complying with the provisions of  Colombian Law  1581 of 2012 and its Regulatory Decree 1074 of 2015, AND TUDO BEM TUDO BOM PERU S.A legally constituted company, identified with RUC 20602947565, domiciled in Lima, Peru, zip code 15046  complying with the Peruvian legislation contemplated in Law 29733 and its regulatory norms, it is responsible for the processing of personal data of the holders with respect to which it obtains authorization, on which it will decide directly and autonomously.

5. GENERAL.

a. Legal framework:

Colombia:

·           Political Constitution of Colombia (Article 15)

·           Law 1581 of 2012

·           Law 1273 of 2009

·           Law 1266 of 2008

·           Decree 1074 of 2015

·           Decree 1081 of 2015

·           Judgment of the Constitutional Court C – 1011 of 2008

·           Judgment of the Constitutional Court C – 748 of 2011

Peru:

·           Political Constitution of Peru (article 2 numeral 6)

·           Law 29733

·           Legislative Decree 1353

·           Supreme Decree No. 003-2013-JU8S

·           DGPDP-Security-Policy

 

b. Origin of the information:

The personal data that are processed by TUDO BEM TUDO BOM ANDEAN S.A.S., TBTB GLOBAL LAB S.A.S and TUDO BEM TUDO BOM PERÚ S.A may come from commercial negotiations, contracts and / or forms authorized by the owner, for commercial purposes.

 

c. Basic terminology:

For the purposes of this policy and in accordance with current regulations on the protection of personal data, the following terminology will be taken into account:

  

·          Database and/or database: An organized set of personal data that is being processed.

·          Owner of the data: Natural person whose personal data are subject to treatment.

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

·          Responsible for the treatment: Natural or legal person, public or private, that by itself or in association with others, decides on the database and / or the processing of the data.

·          Person in charge of the treatment: Natural or legal person, public or private, who by himself or in association with others, carries out the processing of personal data on behalf of the person responsible for the treatment.

·         User: Subject involved in the processing of the data.

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

·         Private data: It is the data that by its intimate nature is only relevant to the holder, in which the medical records, logs of home inspections or population census documentation are contemplated. Law 1266 of 2008.

·         Public data: It is the data that is not semi-private, private or sensitive. Public data are considered, among others, data relating to the marital status of persons, their profession or trade and their status as a trader or public servant. By their nature, public data may be contained, among others, in public registers, public documents, gazettes and official gazettes and duly enforceable court judgments that are not subject to reservation.

·         Semi-private data: Semi-private data is data that is not intimate, reserved, or public in nature and whose knowledge or disclosure may interest not only its owner but a certain sector or group of people or society in general, such as the financial and credit data of commercial activity or services referred to in Title IV of Law 1266 of 2008.

·         Sensitive data: Sensitive data is understood to be those that affect the privacy of the Owner or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership of trade unions, social organizations, human rights or that promotes the interests of any political party or that guarantee the rights and guarantees of opposition political parties,  as well as data relating to health, sex life, and biometric data.

·         Transmission: Communication of personal data within or outside the country for processing by the processor on behalf of the controller.

·         Transfer: Communication of personal data to another recipient who in turn acts as a responsible located outside the country.

·         Privacy notice: Verbal or written communication generated to inform the owner or person responsible for the processing of their personal data, the policies that TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A and TBTB GLOBAL LAB S.A.S have in this regard, including how to access them and the purposes of the treatment that is intended to be given to personal data. 

6. RIGHTS OF THE HOLDERS.

TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S, recognize and guarantee the following rights of the holders of personal data, in accordance with all the provisions of this Policy:

·         Access, know, update, rectify, include, or delete your personal data in front of TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A and TBTB GLOBAL LAB S.A.S, as responsible or in charge of the treatment.

·         Request proof of the authorization granted for the processing of your data, except in cases excepted by law.

·         Receive information about the use of your personal data. Revoke the authorization and / or request the deletion of the data when the treatment does not respect the principles, rights and constitutional and legal guarantees.

·         Know the dependency, channel or person authorized by TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A AND TBTB GLOBAL LAB S.A.S, to whom you can submit complaints, queries, claims and any other request about your personal data.

·         Submit complaints to the Superintendence of Industry and Commerce for violations of the Law.

 

7.  RIGHTS OF CHILDREN AND ADOLESCENTS.

In the processing of personal data, respect for the prevailing rights of minors will be ensured. The processing of personal data of minors, except for those data that are of a public nature, must comply with the following parameters:

 

·         Respond to and respect the best interests of minors.

·         Ensure respect for the fundamental rights of minors.

·         For the processing of a personal data of a child or adolescent, prior authorization for such treatment must be granted by the legal representative of the minor, holders of parental authority or their guardians.

8. DUTIES AS RESPONSIBLE OR IN CHARGE.

In the processing and protection of personal data, TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S, will have the following duties, without prejudice to others provided for in the provisions that regulate or come to regulate this matter:

 

·        Guarantee the holder all the rights mentioned and recognized in national legal systems, enshrined in the Constitution, the law, and regulations.

·        Request and keep, under the conditions provided for in the Law, a copy or proof of the authorization granted by the owner.

·        Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.

·        Comply with the guiding principles of the processing of personal data.

·        Use the personal data of the owner only for those purposes for which it is duly empowered and respecting in any case the current regulations on the protection of personal data.

·        Ensure the proper use of the personal data of children and adolescents, in those cases in which the processing of their data is authorized.

·        Have service channels to meet the requests of the holders of personal data, especially those related to the modification, rectification, exclusion, or inclusion of said data.

  

9. TREATMENT.

Through this policy, TUDO BEM TUDO BOM ANDEAN, S.A.S. AND TUDO BEM TUDO BOM PERU S.A, in compliance with its legal and regulatory duty, aims to make effective the constitutional guarantee of protection of the personal and family privacy of all citizens, establishing instruments and expeditious controls to give adequate treatment to the information it administers.

 

This policy establishes the terms, conditions, and purposes under which TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S, as responsible for the personal data obtained through its different service channels, treats the information of all persons who at any time for reasons of the activity carried out by the entity have provided personal data.

 

The owner of the data registers or delivers his information freely and voluntarily and acknowledges that he has read and expressly accepts these terms and conditions.

 

TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S, is directly responsible for the processing of personal data; however, it reserves the right to delegate such processing to a third party, to which it will be responsible or in charge of the treatment.

 

The databases and / or database that TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A and TBTB GLOBAL LAB S.A.S, obtains, are not sold or rented to third parties and are maintained with the greatest possible privacy, restricted access with user, password and administrator.

10. PURPOSES.

The personal data stored within the databases and / or database of TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A and TBTB GLOBAL LAB S.A.S, may be used to:

 

·         The development of various procedures directly related to its corporate purpose.

·         Keep the holders informed regarding the conditions of provision of services.

·         Report updates to our products or services.

·         Provide additional relevant information about our products or services.

·         To maintain communication with its owners, with a view to providing a better service.

·         By virtue of the development of the contractual relationship that binds the company with the client.

·         For the collection of account receivables.

·         Develop the process of selection, evaluation, and employment linkage.

·         To adopt measures to prevent the development of illicit activities and for other tax purposes in accordance with the provisions of the Law.

·         Provide, share, send or deliver your personal data to subsidiaries, related, or subordinate companies of TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S located in Colombia or any other country if said companies require the information for the purposes indicated herein.

·         Support internal or external audit processes.

·         Send to the physical, electronic, cellular or mobile device mail, via text messages (SMS and / or MMS) or through any other analogous and / or digital means of communication created or to be created, commercial, advertising or promotional information about the products and / or services, events and / or promotions of a commercial type or not of these,  in order to promote, invite, direct, execute, inform and in general, carry out campaigns, promotions or contests of a commercial or advertising nature, advanced by TUDO BEM TUDO BOM ANDEAN, S.A.S, TUDO BEM TUDO BOM PERU S.A and / or by third parties.

·         Carry out the entire coordination process for collection, management or extraction of biological samples or diagnostic support procedures and / or risk monitoring according to medical criteria.

·         Ensure the correct identification and subsequent analysis or processing of biological samples by authorized providers in accordance with the request of a medical professional.

·         Verify that the results of the tests requested by the medical professionals and issued by the analysis centers, correspond to the biological samples sent according to the data of the patients.

 

11. VALIDITY OF THE TREATMENT.

The processing of personal data will be valid equal to the period in which the purpose or purposes are maintained, or the period of validity indicated by a specific legal, contractual, or jurisprudential norm.

 

 

 12. AUTHORIZATION.

In the cases in which it is required to have the prior authorization of the owner, TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A and TBTB GLOBAL LAB S.A.S, will request it at the time of collection of the information.

 

The authorization must be express, either orally or in writing, which must be unequivocal and informed, in the sense of including the specific purposes of the treatment for which consent is requested and obtained by any means that may be subject to subsequent consultation.

 

 13. GUIDING PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA.

·        Principle of legality: The processing of data in TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A and TBTB GLOBAL LAB S.A.S, must obey legitimate purposes and must be subject to the provisions of the Law.

·       Principle of purpose: The treatment must obey the purposes set forth in the information processing policies and only for the performance of the activities commissioned by the person responsible or owner of the information.

·      Principle of freedom or consent: The treatment will only be exercised with the prior, express, and informed consent of the owner. The data may not be disclosed without prior consent or judicial authorization.

·         Principle of veracity or quality: The information processed must be truthful, complete, accurate, up-to-date, verifiable and understandable.

·         Principle of transparency: TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A and TBTB GLOBAL LAB S.A.S, guarantees all data subjects the right to access and know the information of them that is being processed.

·       Security principle: The information processed by TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S, will be protected with the technical, human, and administrative measures necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.

·          Principle of confidentiality: TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S, guarantees the reservation of the information during and after the end of the data processing. The data may only be communicated to third parties when the Law allows it or with the prior authorization of the owner.

14. TRANSFERS OF PERSONAL DATA.

Transfers of personal data to foreign legal entities and subsidiaries of TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S

 

Taking into account the legal nature and corporate structure of TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A and TBTB GLOBAL LAB S.A.S, it reserves the right-duty regulated in both national legislations to transfer the information provided by the holders to the subsidiary and/or parent companies domiciled abroad,  in order to comply with the object and purpose of this policy of processing personal data, guaranteeing the guiding principles of national legal systems, in particular keeping the traceability of the means and forms of transmission of such information. 

15. PROCEDURES FOR HOLDERS TO EXERCISE THEIR RIGHTS

In compliance with the Law on the protection of personal data and in accordance with the purpose of this data processing policy, the rights of the owner are: knowledge, access, rectification, updating, inclusion, opposition and / or deletion of their personal data; and you can do so partially or totally by sending a written request addressed to:

TBTB ANDEAN

Email: contactenos@tbtbglobal.com

Phone: (+57-1) 7900264.

Correspondence address: Calle 116 #9-72, Edif. Global Medical Center, Consultorio 205. Bogotá, Colombia. ZIP Code  110111.

TBTB PERU

Email: diego@tbtbglobal.com

Phone: +51959611891

Correspondence address: Av. General Álvarez de Arenales 1475 Int. 104. Santa Beatriz Lima

TBTB GLOBAL LAB

Email: isabel.gomez@tbtbglobal.com

Phone: 3158839359

Correspondence address: Calle 116 # 9-72 Edificio Global Medical Center, Consultorio 402

The request received will be resolved within the deadlines provided by the corresponding law or regulation.

Once the request is received, the data & technology leader is designated as the person who will receive, process and channel the different requests that are received, and will send them to the respective processes in charge of the treatment; processes that once they receive these communications, will enter to comply with the function of protection of personal data and must process the requests of the holders.

Requests will be dealt with in chronological order of receipt and within the deadlines of law.

 

a. Consultations 

The holders or their successors in title may consult the personal information of the owner who rests in TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A and TBTB GLOBAL LAB S.A.S, who as appropriate will provide all the information contained in the individual registry or that is linked to the identification of the owner. 

 

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

 

b. Claims

When the owner or his successors in title consider that the information contained in a database should be corrected, updated or deleted, or when they notice the alleged breach of any of the duties contained in the law, they may file a claim with TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S,  as appropriate, which will be processed under the following rules: 

 

The claim of the owner will be formulated by means of a request addressed to the mail contactenos@tbtbglobal.com, with the identification of the owner, the description of the facts that give rise to the claim, the address, and attaching the documents that you want to assert. If the claim is incomplete, the interested party will be required within five (5) days of receipt of the claim to remedy the failures. If after two (2) months from the date of request, the applicant does not submit the required information, it will be understood that he has withdrawn the claim.

 

If the person who receives the claim is not competent to resolve it, he will transfer it to the corresponding person within a maximum period of two (2) business days and will inform the interested party of the situation. 

 

The maximum term to attend the claim will be fifteen (15) business days counted from the day following the date of its receipt. When it is not possible to attend to 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. 

 

c. Request for updating and/or rectification: 

TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A AND TBTB GLOBAL LAB S.A.S as appropriate will rectify and update, at the request of the owner, the information of the latter that turns out to be incomplete or inaccurate, in accordance with the regulations.

 

For this procedure, the holder must identify himself with his id and full names and surnames. When addressing your request, you must indicate the update and / or rectification to be made and provide the documentation that supports your request.

 

d. Request for revocation of authorization and / or deletion of data 

The owner of the personal data has the right to request TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S as appropriate the deletion (deletion) of their personal data in any of the following events: 

 

·         When you consider that they are not being treated in accordance with the principles, duties and obligations provided for in current regulations.

·         When they are no longer necessary or relevant to the purpose for which they were collected.

·         When the period necessary for the fulfillment of the purposes for which they were collected has been exceeded.

 

This deletion implies the total or partial elimination of personal information in accordance with the request of the owner in the records, files, databases, or treatments carried out by TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERÚ S.A AND TBTB GLOBAL LAB S.A.S as appropriate. However, this right of the owner is not absolute and consequently the TUDO BEM TUDO BOM ANDEAN S.A.S, TUDO BEM TUDO BOM PERU S.A AND TBTB GLOBAL LAB S.A.S may appropriately deny the exercise of this when: 

 

·         The owner has a legal or contractual duty to remain in the database.

·         The deletion of data hinders judicial or administrative proceedings linked to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions.

 

 16. MODIFICATIONS:

TUDO BEM TUDO BOM ANDEAN, S.A.S., TBTB GLOBAL LAB S.A.S AND TUDO BEM TUDO BOM PERÚ S.A, reserves the right to modify or update this policy at any time and without prior notice. The personal data that are stored, used or transmitted will remain in our Database, based on the criterion of temporality and necessity, for as long as necessary for the purposes mentioned in this Policy, for which they were collected.