top of page

PERSONAL DATA PROCESSING POLICY

Yellow Foods S.A.S.

Yellow Foods SAS identified with the NIT. 901370590-9 who will be responsible for the processing of personal data.

 

By accepting this policy, I accept, as the owner of my personal data, the treatment of these by the company, its strategic allies, subsidiaries, subordinate companies, parent companies in order to fulfill the functions and obligations, coming from various operations carried out through electronic commerce or in person at commercial establishments. I accept that my personal data be used to fulfill the relationship I currently have with the company, and for the following purposes: Sending promotions, mailing with information on topics related to health, well-being, own and allied events, notifications, reminders of purchase, unless you expressly or verbally state that the data in the company's database is eliminated, rectified or deleted through the mechanisms established in this policy.

 

This document, and all relationships of any kind derived from it, will be governed by the law of the Republic of Colombia.

 

YELLOW FOODS SAS, a company incorporated in Colombia, with NIT 901370590-9, domiciled at Carrera 28 # 67-14 in Bogotá DC, Colombia, whose website is www.yellowfoods.com.co  and its telephone (+57) 3017836953 (hereinafter referred to as "YELLOW FOODS SAS") in compliance with the provisions of Law 1581 of 2012, Decree 1377 of 2013 and the other regulations that modify, develop or replace them (hereinafter the "Law"), informs the Owners of the personal data that are treated by YELLOW FOODS SAS in any way, this policy of treatment of information and protection of personal data (hereinafter referred to as the "Policy") :

 

Object:

The main purpose of the Policy is to inform the Holders of the Personal Data, the rights that assist them, the procedures and mechanisms provided by YELLOW FOODS SAS to make these rights effective, and to inform them of the scope and purpose of the treatment. to which your Personal Data will be submitted, in the event that the Holder grants his express, prior and informed Authorization for them to be processed by YELLOW FOODS SAS.

 

This Policy will be applicable at all times and during the performance of all activities that involve the collection, storage, use, circulation, transfer and/or transmission of personal data registered in any database that makes them susceptible treatment by YELLOW FOODS SAS.

 

This document is mandatory and strict compliance for YELLOW FOODS SAS as the data controller, and it may be consulted by physical or electronic means by any of the Holders.

 

Definitions:

For the purposes of this Policy, the following definitions will be taken into account:

 

2.1. Authorization: It is the prior, express and informed consent of the Owner to carry out the processing of their Personal Data.

 

2.2. Privacy Notice: Verbal, written, electronic communication or in any other format, generated by the person in charge and that is made available to the Holder to inform him about the existence of the Information Treatment Policies that will be applicable to the treatment of his personal information; the way to access them and the purposes of the Treatment that is intended to give your personal data.

 

23. Database: It is the organized set of Personal Data that are subject to treatment, electronic or not, whatever the modality of its formation, storage, organization and access.

 

2.4. Financial Data: It is all Personal Data referring to the birth, execution and termination of monetary obligations, regardless of the nature of the contract that gives rise to them, whose Treatment is governed by Law 1266 of 2008 or the regulations that complement, modify or add to it.

 

2.5. Personal Data: It is any information of any kind, linked or that can be associated with one or more determined or determinable natural or legal persons.

 

2.6. Public Data: It is the personal data qualified as such according to the mandates of the law or the Political Constitution and that which is not semi-private, private or sensitive. Data relating to the marital status of individuals, their profession or trade, their status as a merchant or public servant and those that may be obtained without reservation are public, among others. Due to its nature, public data may be contained, among others, in public records, public documents, official gazettes and bulletins, duly executed judicial decisions that are not subject to reservation.

 

2.7. Sensitive Data: It is the personal data that affects the intimacy of the Holder or whose improper use can generate discrimination, such as those that reveal union affiliations, racial or ethnic origin, political orientation, religious, moral or philosophical convictions, membership to trade unions, social or human rights organizations or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sexual life, and biometric data.

 

2.8. Responsible for the Treatment: It is the 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.

 

2.9. Responsible for Treatment: It is the natural or legal person, public or private, that by itself or in association with others, decides on the Database and/or the Treatment of Personal Data.

 

2.10. Holder of the Personal Data: It is the natural person whose personal data is subject to Treatment.

 

2.11. 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 its purpose is to carry out a Treatment by a recipient and who in turn is Responsible for the Information and is located inside or outside the Republic of Colombia.

 

2.12. Transmission: It is the activity of Processing Personal Data through which they 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 recipient who has the quality of Information Manager.

 

2.13. Treatment of Personal Data: It is any operation or set of operations, electronic or not, that allow the collection, conservation, ordering, storage, modification, relationship, use, circulation, evaluation, blocking, destruction and in general, the processing of Personal Data .

 

Purpose and treatment of information:

3.1. What information does YELLOW FOODS SAS collect?

 

The information processed by YELLOW FOODS SAS corresponds to Personal Data of its shareholders, suppliers, employees, and customers.

 

3.2. For what purpose is the information used?

 

YELLOW FOODS SAS uses the information, in the normal development of the business, mainly for communication purposes, as well as to: (i) be able to place orders for purchases and services and report tax information regarding purchases -in front of its suppliers-, (ii) elaborate employment contracts, generate labor payments and report tax information –in front of its employees–, and (iii) in front of its clients, to make contact in case of complaints, claims or suggestions about the YELLOW FOODS SAS service, as well as to send commercial information.

 

3.3. How is the information treated?

 

The information is collected through the YELLOW FOODS SAS website, in complaint or suggestion formats, as well as in specific formats that are delivered to the Holders together with the Authorization request.  The databases that YELLOW FOODS SAS obtains are not sold or rented to third parties and are kept as private as possible. All the information is in databases, in which there is restricted access.

 

Rights of the Holders of Personal Data:

The Holders of the Personal Data will have the rights detailed below, in accordance with all the provisions of this Policy:

 

4.1. Know, update and rectify your Personal Data against YELLOW FOODS SAS or those in charge of their Treatment. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented, misleading data, or those whose Treatment is expressly prohibited or has not been authorized.

 

4.2. Request proof of the Authorization granted to YELLOW FOODS SAS, unless the Law indicates that said Authorization is not necessary.

 

4.3. Submit requests to YELLOW FOODS SAS or the Person in Charge of the Treatment regarding the use that has been given to your Personal Data, and that they deliver such information.

 

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

 

4.5. Revoke your Authorization and/or request the deletion of your Personal Data from the YELLOW FOODS SAS databases, when the Superintendence of Industry and Commerce has determined through a final administrative act that YELLOW FOODS SAS or the Treatment Manager has incurred in conduct contrary to the Law or when there is no legal or contractual obligation to maintain the Personal Data in the database of the person in charge.

 

4.6. Request access and free access to your Personal Data that have been processed in accordance with article 21 of Decree 1377 of 2013.

 

4.7. Know the modifications to the terms of this Policy prior and efficiently to the implementation of the new modifications or, failing that, of the new information treatment policy.

 

4.8. Have easy access to the text of this Policy and its modifications.

 

4.9. Access in an easy and simple way the Personal Data that is under the control of YELLOW FOODS SAS to effectively exercise the rights that the Law grants to the Holders.

 

4.10. Know the agency or person empowered by YELLOW FOODS SAS against whom you can submit complaints, queries, claims and any other request about your Personal Data.

 

The Holders may exercise their legal rights and carry out the procedures established in this Policy, by presenting their citizenship card or original identification document. Minors may exercise their rights personally, or through their parents or adults who have parental authority, who must prove it through the relevant documentation. Likewise, the rights of the Holder may be exercised by successors in title who prove said quality, 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.

 

Responsible for the protection of Personal Data at YELLOW FOODS SAS:

YELLOW FOODS SAS is responsible for the database and/or data processing and has designated the administrative area as the person in charge of receiving and dealing with requests, complaints, claims and queries of all kinds related to Personal Data. The person in charge of this area within the company will process queries and claims regarding Personal Data in accordance with the Law and this policy.

 

Some of the particular functions of the person in charge of the Personal Data Protection function are:

 

5.1. Receive requests from the Holders of Personal Data, process and respond to those that are based on the Law or this Policy, such as: requests to update Personal Data; requests to know the Personal Data; Requests for deletion of Personal Data when the Holder submits a copy of the decision of the Superintendency of Industry and Commerce in accordance with the provisions of the Law, requests for information on the use given to their Personal Data, requests to update Personal Data, requests for proof of the Authorization granted, when it has proceeded according to the Law.

 

5.2. Respond to the Holders of the Personal Data on those requests that do not proceed in accordance with the Law.

 

The contact details of the person responsible for the personal data protection function at YELLOW FOODS SAS are as follows:

 

Address: Carrera 28 #67-14

Email: comercial@yellowfoods.com.co

Administrative area

 

Procedure to exercise the rights of Data Owners:

6.1. Queries:

 

Inquiries regarding the Personal Data of the Holder that rest in the YELLOW FOODS SAS Databases, can be directed to the person in charge of the personal data protection function by electronic means through the email comercial@yellowfoods.com.co or by phone at (+57) 3017836953 from Monday to Friday from 8:00 am to 6:00 pm

 

Whatever the means, YELLOW FOODS SAS will keep proof of the query and its response. The procedure for such effects will be as follows:

 

If the applicant has the capacity to formulate the query, in accordance with the accreditation criteria established in the Law, YELLOW FOODS SAS will collect all the information about the Holder that is contained in the individual record of that person or that is linked to the identification of the Holder within the YELLOW FOODS SAS databases and will make it known to the applicant.

 

The person in charge of the personal data protection function will respond to the applicant as long as they have the right to do so because they are the Owner of the Personal Data, their successor in title, proxy, representative, has been stipulated by another or for another, or is the legal responsible in the case of minors. This response will be sent within fifteen (15) business days from the date the request was received by YELLOW FOODS SAS.

 

In the event that the request cannot be attended to within fifteen (10) business days, the applicant will be contacted to inform him of the reasons why the status of his request is in process and expressing the reasons for the delay and indicating the date on your query will be answered. For this, the same means or one similar to the one used by the Holder to communicate his request will be used.

 

The final response to all requests will not take more than twenty (20) business days from the date the initial request was received by YELLOW FOODS SAS.

 

6.2. Claims:

 

In the cases in which the Holders of Personal Data Processed by YELLOW FOODS SAS consider that they should be corrected, updated or deleted, or that there is, in their opinion, a breach of the duties of the Law of YELLOW FOODS SAS, they may direct their claims by electronic means to comercial@yellowfoods.com.co.

 

For these purposes, the procedure will be as follows:

 

The claim must be presented by the Holder, his successors in title or representatives or accredited in accordance with the Law, as follows:

 

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 (update, correction or deletion, or fulfillment of duties.

You must indicate the address and contact information and identification of the claimant. It must be accompanied by all the documentation that the claimant wants to assert.

YELLOW FOODS SAS, before attending to the claim, will verify the identity of the Owner of the Personal Data, his representative and/or proxy, or the accreditation that there was a stipulation by another or for another. For this, you can demand the citizenship card or original identification document of the Holder, and the special, general powers or documents that are required as the case may be.

If the claim or the additional documentation is incomplete, YELLOW FOODS SAS will require the claimant once within ten (10) days after receipt of the claim to correct the faults. If the claimant does not submit the required documentation and information within two (2) months following the date of the initial claim, it will be understood that the claim has been withdrawn.

If for any reason the person who receives the claim within  YELLOW FOODS SAS is not competent to resolve it, it will transfer it to the person in charge of the Technological Infrastructure area within five (5) business days after receiving the claim, and will inform the claimant of said referral.

 

Once the claim is received with the complete documentation, a legend that says "claim in process" and the reason for it, in a term not greater than to five (5) business days. This legend must be kept until the claim is decided.

 

The maximum term to address the claim will be twenty (20) business days from the day following the date of receipt. When it is not possible to address the claim within said term, the interested party will be informed of the reasons for the delay and the date on which his claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first finished.

 

Modification and/or Update of the Policy.

 

Any substantial change in the Treatment policies will be communicated in a timely manner to the Holders through the usual means of contact and/or through the YELLOW FOODS SAS website.

Communications will be sent at least ten (10) days before implementing the new policies and/or substantially updating them.

As a general rule, the end of the authorizations on the use of personal data by customers is understood as the end of the commercial relationship or the connection to the service and during the exercise of the company's corporate purpose.

The authorizations on the data of the clients and/or users may end at their will at any time. However, personal data may be kept by YELLOW FOODS SAS when required by any legal obligation.

Security

In development of the security principle, YELLOW FOODS SAS has adopted reasonable technical, administrative and human measures to protect the information of the Holders and prevent adulteration, loss, consultation, use or unauthorized or fraudulent access. Access to personal data is restricted to its Holders and YELLOW FOODS SAS will not allow access to this information by third parties under conditions other than those announced, except for an express request from the Data Holder or legitimate persons in accordance with national regulations

 

Policy Validity

This is the FIRST version of the Policy and it begins to fulfill its effects as of MARCH 25, 2021. The period of validity of the database will be indefinite for as long as is reasonable and necessary according to the purpose of the Treatment. set out in this policy.

bottom of page