{"id":90,"date":"2024-12-06T21:40:33","date_gmt":"2024-12-06T21:40:33","guid":{"rendered":"https:\/\/tubanc.com\/?page_id=90"},"modified":"2026-02-16T14:04:15","modified_gmt":"2026-02-16T14:04:15","slug":"politica-de-privacidad-y-tratamiento-de-datos-personales","status":"publish","type":"page","link":"https:\/\/tubanc.com\/en\/politica-de-privacidad-y-tratamiento-de-datos-personales\/","title":{"rendered":"Privacy policy and processing of personal data"},"content":{"rendered":"

Privacy policy and processing of personal data<\/h4>\n

DIGITAL INITIATIVES CORP SAS, a company identified with NIT. 901.657.397-7, (hereinafter, \u201cTuBanc\u201d), is a company that respects the personal data provided by its current and potential users, employees, candidates, business partners, suppliers, shareholders, investors, and those potentially interested in TuBanc's services, and for this reason, has implemented this Privacy and Personal Data Processing Policy (hereinafter, the \u201cPolicy\u201d) where we tell you what Personal Data we process, why we process it, what your rights are as a Personal Data Owner and the mechanisms you have to exercise them.<\/p>\n

The use of the TuBanc Platform, the execution of employment contracts, commercial alliances or the provision of services, and\/or the express and unequivocal acceptance of the Policy, imply that you accept that we process your Personal Data in accordance with the provisions of this Policy.<\/p>\n

How can you better understand this Policy?<\/strong><\/p>\n

1. Definitions.<\/strong> To help you better understand the Policy, we'll explain what each word we use throughout this document means.<\/p>\n

\u201c"Authorization":<\/strong> It is the prior, express and informed consent that you give us to process your Personal Data.
\n\u201c"Database":<\/strong> It is the organized set of Personal Data that is subject to Processing.
\n\u201c"Consultation"\u201d<\/strong>: This is the request that you, as the Data Subject, make to find out what information we have about you in our Databases.
\n\u201cAnonymized Data\u201d:<\/strong> These are data that do not personally identify you and that may be used by TuBAanc for statistical analysis.
\n\u201cPersonal Data\u201d:<\/strong> It is any information that can be used to identify you.
\n\u201cPrivate Personal Data\u201d:<\/strong> It is the data that, due to its intimate or confidential nature, is only relevant to you as the Data Subject.
\n\u201cSemi-private Personal Data\u201d:<\/strong> This is data that is neither private, confidential, nor public in nature, and whose knowledge or disclosure may be of interest not only to you (the Data Subject) but also to a certain sector or group of people, or to society in general. For example, financial, credit, commercial or service activity data, social security data, etc.
\n\u201cPublic Data\u201d:<\/strong> It is the data classified as such by law and all those that are not semi-private, private or sensitive.
\n\u201cSensitive Data\u201d:<\/strong> This is data that affects your privacy or whose misuse can generate discrimination, for example, data that reveals racial or ethnic origin, political orientation, religious or philosophical beliefs, trade union membership, as well as data relating to health, sex life and biometric data, such as fingerprints, among others.
\n\u201cData Controller\u201d:<\/strong> The Data Processor is the natural or legal person, public or private, who processes Personal Data, based on the instructions given by the Data Controller. TuBanc may contract certain individuals or companies to act as Data Processors of your Personal Data.
\n\u201cPurpose\u201d:<\/strong> This is the purpose for which TuBanc will process your Personal Data.
\n\u201c"Fountain":<\/strong> is the person, entity or organization that receives or knows Personal Data of Holders by virtue of a commercial or any other relationship, and that supplies this data to an Information Operator, who in turn delivers it to the Holder.
\n\u201c"Operator":<\/strong> is the person, entity or organization that receives Personal Data from the Source about several Holders, manages them and makes them known to the Holders under the parameters of Law 1266 of 2008 and other complementary regulations.
\n\u201c"Platform":<\/strong> It refers to the TuBanc website and application through which the Services are provided.
\n\u201cClaim\u201d:<\/strong> It is the request you make to exercise your rights related to your Personal Data.
\n\u201cData Controller\u201d:<\/strong> The controller is the natural or legal person, public or private, who decides on the processing of personal data, that is, who determines the purpose. In this case, the controller of your personal data is TuBanc.
\n\u201cProcedural Requirement\u201d:<\/strong> This is the preliminary step you must take before filing a complaint with the Superintendency of Industry and Commerce. It consists of a direct claim to the person in charge of or responsible for your personal data.
\n\u201c"Services":<\/strong> This refers to the services provided by the Platform, which consist of financing ECOCAR electric cars and ECOMOV2 motorcycles for drivers and delivery personnel of mobility and logistics platforms. Similarly, TuBanc has partnerships with importers and dealerships to offer the service more efficiently.
\n\u201c"Holder":<\/strong> You are the natural person whose Personal Data is being processed.
\n\u201c"Treatment":<\/strong> This refers to any operation we perform on your Personal Data, such as collection, storage, processing, analysis, use, circulation, transfer, transmission, updating, correction, or deletion of Personal Data, among others. Processing may be national (within Colombia) or international (outside of Colombia).
\n\u201c"Transmission":<\/strong> It is the delivery of Personal Data to a Processor to carry out Processing of Personal Data, in accordance with the instructions given by the Data Controller within or outside the territory of the Republic of Colombia.
\n\u201c"Transfer":<\/strong> It is the delivery of Personal Data so that another Data Controller can process the Personal Data independently, within or outside the territory of the Republic of Colombia.<\/p>\n

2. Scope.<\/strong> This Policy applies to all Personal Data held by TuBanc, which acts as the Data Controller.<\/p>\n

3. Principles of Personal Data Processing.<\/strong> We will process personal data in accordance with the principles contained in Article 4 of Law 1581 of 2012 and Article 4 of Law 1266 of 2008, and the regulations that update or modify them, which are summarized below:<\/p>\n

    \n
  • Purpose:<\/strong> The treatment must have a legal purpose in accordance with the Constitution and the law, which we must inform you of.<\/li>\n
  • Necessity and reasonableness: The Personal Data that TuBanc has must be necessary to fulfill the purposes of the Processing.<\/li>\n
  • Temporality:<\/strong> The time during which we process Personal Data must be the time necessary to achieve the purpose for which we collected it.<\/li>\n
  • Freedom:<\/strong> We can only process your Personal Data with your prior, express, and informed consent. The Personal Data we collect may not be obtained or disclosed without your prior authorization, or without a legal or judicial mandate.<\/li>\n
  • Veracity:<\/strong> The information subject to processing must be true, complete, accurate, up-to-date, verifiable, and understandable. We will not process partial, incomplete, fragmented, or misleading data.<\/li>\n
  • Transparency:<\/strong> We must guarantee your right to obtain from TuBanc, at any time and without restrictions, information about the existence of your Personal Data in TuBanc's Databases.<\/li>\n
  • Access and restricted circulation:<\/strong> Personal Data that is not public will only be processed by those who need to do so to fulfill the purpose.<\/li>\n
  • Security:<\/strong> The Controller and Processor of Personal Data must comply with all the necessary technical, human and administrative measures to ensure the security of Personal Data, preventing its modification, loss, consultation, use or unauthorized or fraudulent access.<\/li>\n
  • Confidentiality:<\/strong> All persons involved in the processing of personal data that is not of a public nature must guarantee the confidentiality of the information.<\/li>\n
  • Non-discrimination:<\/strong> We will not discriminate based on the Personal Data collected.<\/li>\n
  • Repair:<\/strong> It is our obligation to compensate for damages caused by possible failures in the Processing of Personal Data.<\/li>\n
  • Limitation on collection:<\/strong> We will only collect the Personal Data that is necessary for the fulfillment of the purposes of the Processing established in this policy.<\/li>\n<\/ul>\n

    4. When do we collect your Personal Data and what Personal Data do we collect?<\/strong><\/p>\n

    Data Collection. TuBanc collects Personal Data from Data Subjects in the following cases:<\/p>\n

      \n
    • When the Holders visit our Platform and are interested in the Services.<\/li>\n
    • When the Holders fill out the forms that are hosted on the Platform.<\/li>\n
    • When the Holders contract the Platform Services.<\/li>\n
    • When our business partners transfer or transmit the Personal Data of the Holders to us with their prior authorization.<\/li>\n
    • When Holders conduct transactions through our Platform.<\/li>\n
    • When the Holders contact TuBanc through any means of direct communication.<\/li>\n
    • When the Holders provide their Personal Data so that TuBanco or its partners can perform a check in public databases, through identity validation tools.<\/li>\n
    • When the Holders are interested in joining the TuBanc team and send their resume or undergo a selection process.<\/li>\n
    • When third parties have referred us to the Personal Data of a Data Subject.<\/li>\n
    • When you are going to enter into any type of contract with TuBanc, for example, employment, service provision, commercial alliance, partnership, mandate or any other type.<\/li>\n<\/ul>\n

      Information collected: TuBanc may request or collect, except for exceptions related to sensitive data or data of children and adolescents, the data that is necessary to fulfill the purpose, which are \u2013among others\u2013 the following:<\/p>\n

        \n
      • Data we collect from all Holders:<\/strong> Name and surnames, nationality, age, marital status, identification number and photocopy of the identity document, date and place of birth, mailing address and city of residence, contact telephone number, email address, recent photographs, gender, RUT (Chilean tax identification number); in the case of legal entities: company name, data relating to the company such as: legal representative, Certificate of existence and legal representation. Personal Data that TuBanc receives from third parties, including financial, commercial and credit information centers and Social Security information operators authorized by the Ministry of Health and Social Protection (PILA information operators), among others, and any other Personal Data that may be necessary to achieve the purposes described in the Policy.<\/li>\n
      • Data we collected from TuBanc candidates, employees, and shareholders:<\/strong> In addition to the data mentioned in \u201cdata we collect from all Holders\u201d, we will also collect military service record, professional card, employment history, medical or health history, academic and financial history, references, judicial or disciplinary information, occupational medical history, workplace, position or profession of the Holder and of his\/her spouse or permanent partner and of his\/her relatives, resume, certificate of affiliation to the EPS, pension fund and severance pay, and any other data that may be necessary to achieve the purposes described in the Policy.<\/li>\n
      • Data we collect from our partners and suppliers:<\/strong> In addition to the data mentioned in \u201cdata we collect from all Holders\u201d, we will also collect data from the legal representative, references, business background, shareholding composition, data of your employees or collaborators with whom TuBanc has contact, permits and authorizations required to provide services or sell products, and any other data that may be necessary to achieve the purposes described in the Policy and an adequate provision of the Services.<\/li>\n
      • Data we collect from our users:<\/strong> In addition to the data mentioned in \u201cData We Collect from All Data Subjects,\u201d we will also collect information about income sources, credit score, proof of income, proof of address, business information, criminal and judicial records, transactional profile, income level, balance or transaction history associated with mobility or home delivery platforms, debit or credit card numbers, or other financial or credit information, IP address, geolocation, access information, date and time of access to the Platform, unique device identifiers, type of browser used, operating system, search engine used, and keywords used to find our Platform, and any other data necessary to achieve the purposes described in the Policy. We clarify that we use identity verification tools, which allow us to consult your information in public databases such as the Attorney General's Office, the National Registry, the Comptroller General's Office, the Single Transit Registry, your social security information, the National Police, and international restricted lists.<\/li>\n<\/ul>\n

        Sensitive data and its processing.<\/strong> Given the nature of our Service, TuBanc needs to process certain sensitive data, such as your recent photograph and the photo of your identity document containing your fingerprint and photo, through its external KYC providers. Similarly, it requires the analysis of this information using biometric techniques for liveness verification, authentication, and background checks.<\/p>\n

        However, TuBanc will only collect and process Sensitive Data in cases permitted by law. In these cases, we will inform you that you are not obligated to provide Sensitive Data or authorize its processing. If you are unable to authorize the processing of your Sensitive Data, TuBanc will not be able to continue with the identity verification process, and therefore we will be unable to continue providing the Services. If you give us your authorization to process your Sensitive Data, we will collect and process it only for the purposes described in this Policy.<\/p>\n

        Personal data related to minors.<\/strong> TuBanc will only use, store, and process publicly available Personal Data of minors. The sole purpose of such processing is to plan and carry out activities related to the personal and family well-being of employees and their children. Only adults may access TuBanc's services.<\/p>\n

        Image data.<\/strong> By participating in any videoconference or event sponsored by TuBanc, you agree and authorize the use of your name and image in programs, publications, and other advertising media, and in general, in all promotional or commercial materials that TuBanc may wish to use for a period of 50 years, without any obligation to remunerate or compensate you for your participation. By accepting this Policy, you waive any claim against TuBanc regarding image rights.<\/p>\n

        5. Why do we collect your Personal Data?<\/strong><\/p>\n

        Generalities of the Purpose.<\/strong> TuBanc will process Personal Data in accordance with the conditions established by the Data Subject for the development of its economic activity. In general, TuBanc will collect, store, organize, circulate, use, transmit, and transfer Personal Data in accordance with the purposes set forth below:<\/p>\n

          \n
        • Purposes common to all Data Subjects:<\/strong> To fulfill TuBanc's corporate purpose; to preserve and manage information regarding the employment, civil, or commercial relationship of the Data Subjects; to comply with the legal, accounting, commercial, and regulatory obligations applicable to TuBanc; to access, collect, and process personal data that TuBanc receives from third parties, including financial, commercial, and credit information centers and Information Operators, including social security operators authorized by the Ministry of Health and Social Protection (PILA Information Operators) and credit information centers; to control and preserve the security of TuBanc's persons, assets, and information;
          \nto fulfill the purpose of the employment, commercial, or civil relationship that TuBanc has with the Data Subjects; to store the Data Subject's Personal Data in TuBanc's databases; when the information must be disclosed to comply with laws, regulations, or legal processes, to stop or prevent fraud, attacks on the security of TuBanc or others, as well as to prevent technical problems or protect the rights of others; to prevent and verify the commission of crimes or criminal conduct by the Data Subjects, for which various databases, national and international restricted lists, and sources may be consulted, such as databases of the National Police, the Comptroller General's Office, Interpol, the FBI, OFAC, among others, as well as the corresponding social networks; to comply with regulations for the prevention of money laundering and the financing of terrorism; to maintain direct communication with the Data Subjects for matters related to their employment, civil, or commercial status and for contractual, informational, and commercial purposes; and to carry out statistical, commercial, financial, social, administrative, or technical analyses. sharing information with government authorities or regulatory entities as required by applicable law or in accordance with an administrative, court, or similar order; verification of the identity and criminal, judicial, disciplinary, financial, and credit records of the Data Subjects; transmitting, transferring, and supplying the information and Personal Data of the Data Subjects to the parent company or other companies of the TuBanc business group, so that they may store, consult, or act as Processors or Controllers of the Personal Data as the case may be; contacting the Data Subject through the internet or telephone calls, physical and telephone correspondence, text message, WhatsApp, Instagram, Facebook, X, LinkedIn, Telegram, Messenger, or any other social network and\/or videoconferencing platform for the purpose of contractual development; To transmit, transfer, and supply the information and Personal Data of the Data Subjects to business partners or other national and\/or international companies or individuals that TuBanc commissions to carry out the Processing of the information and fulfill the purposes described in this Policy and the object of the commercial or civil relationship with the Data Subjects, or for said third parties to assume the position of Controllers; to carry out marketing activities, such as market research, and to carry out acts of promotion of services, among other similar concepts; to transmit, transfer, and supply the information and Personal Data of the Data Subjects to national or international third parties, in those cases in which TuBanc has the interest of marketing the Personal Data in any way as an asset of a commercial nature; to attend to Inquiries, requests, applications, actions, and Claims made by the Data Subject; to make invitations to events; the Personal Data may be used, among others, as evidence in any type of judicial or administrative process.<\/li>\n
        • Purposes for which we process the Personal Data of candidates, employees, contractors, shareholders and investors of TuBanc:<\/strong> To protect the health of TuBanc's employees and contractors; to verify conflicts of interest, as well as disqualifications or incompatibilities; to select personnel, manage hiring, handle labor and social relations, and provide benefits to its employees directly or through third parties, as well as to allow employees access to TuBanc's computer resources; to keep a record of disciplinary sanctions imposed on TuBanc's contractors and employees; to transmit, transfer, and supply the information and Personal Data of the Data Subjects to those third-party Processors or Controllers, in cases of employer substitution or when TuBanc assigns its contractual position, or when it is part of an acquisition or business integration process; to make contributions to the general social security system; to transmit, transfer, and supply the information and Personal Data of the Data Subjects to third parties, in order to provide employment and\/or professional references about the Data Subjects; to evaluate and develop selection processes and their history; for the exercise of shareholders' rights and the operation of the general shareholders' meeting, among others.<\/li>\n
        • Purposes for which we process the Personal Data of our suppliers and partners:<\/strong> To make reports to the databases of credit and commercial information operators; to provide commercial references; to manage the payment of remunerated sums, commissions, discounts and withholdings of a tax or parafiscal nature; to send invoices; to issue contractual or commercial certificates; to share contact data with the users of the Platform.<\/li>\n
        • Purposes for which we process the Personal Data of our users:<\/strong> To access TuBanc Services; to obtain and maintain an updated and active profile of the Account Holder according to their interests and transaction history; to fulfill the value proposition and level of service offered to each user and provide the Services; to transmit, transfer and supply, free of charge or for a fee, the information and Personal Data of the Account Holders to national and\/or international business partners so that they may process the information of the users on behalf of TuBanc and\/or contact them to offer their products, information or services that, in TuBanc's judgment, may be of interest to the Account Holder; to improve services, and all those activities associated with the commercial relationship or link existing or to exist with TuBanc, as well as to evaluate the need for new services and products for our users; to contact the Account Holder via email to send account statements in accordance with the commercial relationship with TuBanc; To carry out commercial profiling, prospecting, analysis of consumption habits, analytics, identification of marketing trends, definition of patterns, with or without the use of artificial intelligence tools, among other data utilization methods for the purpose of improving the Services; to define user consumption profiles in order to perform statistical analysis or improve the marketing and sales processes of TuBanc's services; to conduct marketing and advertising studies and strategies; to carry out marketing activities and send advertising from TuBanc and\/or third-party business partners; to monitor customer behavior within the Platform and determine customer intentions; to optimize the functionalities of the Platform; to perform risk models and business growth analyses to advance adequate risk management; to validate the Holder's information on restricted lists through identity validation tools; to inform about the scope and characteristics of TuBanc's services, new and existing solutions.<\/li>\n<\/ul>\n

          Transmission and Transfer of Personal Data:<\/strong> TuBanc may transfer or transmit Personal Data to one or more Processors or Controllers located within or outside the territory of the Republic of Colombia when you authorize us to do so, or when required by law or an administrative or judicial order. By accepting this Policy, you authorize us to transfer or transmit your Personal Data to our parent companies, subsidiaries, and, in general, to any person or company belonging to our same corporate group, provided that such persons operate under the same internal processes and policies regarding the processing of personal data.<\/p>\n

          Likewise, TuBanc may also transfer or transmit your Personal Data to our business partners, providers of monitoring, supervision, reporting and transactional alert generation services, financial entities that request information to identify or verify the origin or source of the resources, and regulatory or supervisory authorities for the Purposes established in this Policy.<\/p>\n

          It is important to clarify that if TuBanc transmits your data to third parties, they will process your Personal Data in accordance with this Policy, but if we transfer your Personal Data, your Personal Data will be processed in accordance with the data protection policy of the new Data Controller.<\/p>\n

          6. What happens to the authorization you give us to process your Sensitive Data or if we are going to use your Personal Data for another Purpose?<\/strong><\/p>\n

          Authorization for the Processing of Sensitive Data:<\/strong> When TuBanc collects Sensitive Data or data from minors, the following requirements must be met:<\/p>\n

            \n
          • Your authorization must be explicit;<\/li>\n
          • We will inform you that you are not obliged to authorize the processing of this information;<\/li>\n
          • We will inform you explicitly and in advance what Sensitive Data we will process and the Purpose of the Processing.<\/li>\n<\/ul>\n

            Authorization for new uses or purposes:<\/strong> TuBanc will request your authorization for new uses of your Personal Data. We will publish any changes to the Policy on our Platform or through any other means we deem appropriate, and we will notify you of the change. If you do not agree with the new purposes, you may revoke your authorization, and we will delete your Personal Data, provided we have no legal obligation to retain it.<\/p>\n

            Abstention from taking data related to criminal records.<\/strong> TuBanc will only process your Personal Data related to criminal records for the sole and exclusive purpose of ensuring the legality of its operations, the security of TuBanc and its stakeholders, and to prevent fraud and money laundering and terrorist financing.<\/p>\n

            7. What is the Privacy Notice and what do we use it for?<\/strong><\/p>\n

            Privacy Notice.<\/strong> Through the Privacy Notice that will appear on our Platform, we will inform you about our Personal Data Processing policies and procedures, as well as the characteristics of the Processing we will give to your Personal Data. This notice will include the following information: (i) TuBanc's identity, address, and contact information; (ii) the type of Processing to which your Personal Data will be subjected and its purpose; and (iii) the general mechanisms provided by TuBanc for you to learn about the Processing Policy and the mechanisms for consulting your Personal Data. TuBanc will keep a copy of the Privacy Notice template that we will share with you for as long as the Personal Data Processing is carried out and the obligations arising from it remain in effect. TuBanc or the Data Processor may use computer, electronic, or any other technology to store the template. The Personal Data Processing Privacy Notice is available for consultation through the Platform.<\/p>\n

            8. What are \u201cCookies\u201d and what do we use them for?<\/strong><\/p>\n

            Cookies.<\/strong> A cookie is a harmless file that is downloaded to your device when you access certain websites. Cookies allow us, among other things, to store and retrieve information about a user's browsing habits and trends, or their computer. TuBanc uses its own cookies and third-party cookies (for example: HubSpot, Core, or Google Analytics).<\/p>\n

            Information stored in cookies.<\/strong> Cookies store technical information, such as personal preferences, content customization, information you have previously filled in on a form to avoid having to fill it out again, your interactions with our Platform, among other information that allows us to remember you.<\/p>\n

            Purposes for which we use the information collected through cookies.<\/strong> TuBanc uses cookies to provide you with a high-value service by saving your preferences, how you use our Platform, and the time and manner in which you use it, as well as any information that may be useful for tracking your spending habits. We also use them to personalize your browsing experience, generate metrics and analytics about our Platform visitors, and gather information that allows us to improve our content and services. You can refuse the use of cookies through your browser settings; however, please note that if you do so, we will not track your information when you visit our Platform, and it may not function properly. If you choose to disable cookies, we will only use a cookie in your browser to remember your preference not to use cookies.<\/p>\n

            9. What are you indicating when you click on \u201cI authorize the processing of my Personal Data\u201d in accordance with TuBanc\u2019s Personal Data Processing Policy?<\/strong><\/p>\n

            Declarations of Personal Data Holders. When voluntarily providing your Personal Data and\/or granting written authorization, you declare that:<\/p>\n

              \n
            • You voluntarily provide us with your Personal Data and expressly and unequivocally authorize us to collect your Personal Data and any other information you provide, and to carry out any other Processing of your Personal Data, in accordance with this Policy.<\/li>\n
            • You were informed and understand that Sensitive Data is data that affects the privacy of the Data Subject or whose misuse could lead to discrimination. This includes data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, membership in social organizations, data related to health status, sex life, and biometric data. You were informed that, in the event of the collection of Sensitive Data, you have the right to refuse to provide the requested data, and you understand and accept that in some cases, if you do not authorize the Processing of your Personal Data, we will not be able to proceed with the verification of your identity, and therefore we will not be able to provide our Services.<\/li>\n
            • You were informed about the purposes for which your Personal Data and Sensitive Data collected will be used, which are described in this Policy.<\/li>\n
            • You were informed and understand the security measures that TuBanc implements to protect the Personal Data it collects and, therefore, you accept them.<\/li>\n
            • You were informed about your rights in relation to your Personal Data and mechanisms to exercise them.<\/li>\n
            • If you are a customer, you were informed that you will enter into or have a current contract by accepting the terms and conditions of the Platform with TuBanc, and other contracts that are necessary to formalize the provision of the Service, and for this reason TuBanc needs to be in constant contact with you and your right to update your Personal Data will be subject to us verifying that you actually have access to the new contact information you are providing us.<\/li>\n<\/ul>\n

              10. How long will we process your data?<\/strong><\/p>\n

              Authorization Termination:<\/strong> We will process your Personal Data from the moment you grant us Authorization, for a period of 10 years from the collection of the Personal Data or until the purpose for which the Personal Data was collected is fulfilled.<\/p>\n

              In the case of users, the data will be kept so that they can use TuBanc Services again without having to create an account again and lose their history.<\/p>\n

              11. How do we protect your Personal Data?<\/strong><\/p>\n

              Security measures for the protection of Personal Data and other information.<\/strong> The security measures implemented by TuBanc aim to protect the data of Account Holders to prevent its alteration, loss, unauthorized use, and unauthorized access. TuBanc diligently implements human, administrative, and technical protection measures that are reasonably within its reach, such as an identity validation system and encrypted data sharing, among others. By accepting this Policy, you expressly agree to these forms of protection and declare that you consider them appropriate and sufficient to protect your Personal Data. The data is under the custody and supervision of the cloud-based SaaS enabled by OnCredit. Personal Data is also stored in databases and on the computers of its collaborators and employees. Similarly, our external KYC provider will be responsible for protecting and collecting your Sensitive Data, which includes photographs of identification documents and\/or biometric evidence. Policy for the deletion and\/or suppression of Personal Data. Once the purpose of processing your personal data has been fulfilled, and provided there is no contractual or legal obligation preventing it, TuBanc will proceed to delete or remove your personal data, in accordance with the following parameters:<\/p>\n

                \n
              • TuBanc will delete or remove the Holder's Personal Data when the LA\/FT indicates it to do so; otherwise, TuBanc will retain the data.<\/li>\n
              • TuBanc will inform Data Subjects in advance of the decision and the grounds for the deletion of their Personal Data. Data Subjects may exercise their right to submit inquiries, requests, or complaints regarding this decision within fifteen (15) business days following notification, through the available channels. Inquiries, requests, or complaints will follow the procedures established in this Policy. If no complaint or request is received regarding the decision, the data will be deleted.<\/li>\n
              • TuBanc will submit the corresponding minutes and records regarding the processes of suppression and elimination of the Personal Data of the Holders, for the purposes of traceability of the procedure.<\/li>\n
              • TuBanc will carry out the deletion and elimination of the Personal Data of the Holders from the databases and will also request the KYC provider to delete and remove the Holder's record as well as their identity document or any other Sensitive Personal Data that it has about them.
                \nConfidentiality, fundamental rights, and anonymization of Personal Data. TuBanc respects the fundamental rights to privacy, freedom of expression, and the good name and honor of Data Subjects, and therefore will take the measures it deems appropriate regarding confidentiality, such as the following:<\/li>\n
              • It will refrain from disclosing, in whole or in part, the confidential information received to any natural or legal person, governmental or private entities, that has not been previously authorized.<\/li>\n
              • You will refrain from using, exploiting, employing, publishing or disclosing confidential information in a manner other than as authorized in the Policy.<\/li>\n
              • It will instruct all those who may eventually have access to confidential information on how to handle, use, manage security measures and so forth, so that said information remains properly handled and protected.<\/li>\n
              • The use of confidential information will be carried out observing the principles of ethics and good practices in the protection of Personal Data.<\/li>\n
              • TuBanc will anonymize the Personal Data of Data Subjects when it considers that such data may affect their right to privacy, reputation, and honor. In any case, TuBanc, upon request from Data Subjects and upon presentation of the reasons for doing so, will carry out the corresponding anonymization of any Personal Data.
                \nPolicies on the accuracy and quality of information. In accordance with the principle of accuracy and quality of information, TuBanc will take the necessary measures to ensure that the information contained in its databases is true, complete, accurate, up-to-date, verifiable, and understandable. Therefore, it requests from data subjects the information necessary and comprehensive for the purposes of the respective processing. Likewise, it will request the necessary supporting documentation to ensure that the information in its databases is verifiable and accurate. For the aforementioned purposes, TuBanc will implement the following measures:<\/li>\n
              • It will take all necessary measures to ensure that the information collected from Data Subjects is complete, accurate, up-to-date, verifiable, and understandable. To this end, it will implement due diligence measures in the data collection methods used for such purposes.<\/li>\n
              • It will refrain from processing the Personal Data of the Holders with partial, incomplete, fragmented or confusing information.<\/li>\n
              • It will verify the identity of the Holders and the information provided to it, requesting the accreditation documents that are necessary in each particular case, and may request, among others, the following: Citizenship card, RUT, judicial and police records, credit history, certifications from private and\/or public entities.<\/li>\n<\/ul>\n

                12. What are your rights as a Data Subject and how can you exercise them?<\/strong><\/p>\n

                Rights of the Holders.<\/strong> You have the right to know, update, correct your information, and\/or revoke your Authorization for the Processing of your Personal Data. Here we explain your rights in detail:<\/p>\n

                  \n
                • To access, update, and correct your Personal Data, we need to verify your identity beforehand to prevent unauthorized access. If you wish to update your Personal Data, we must first confirm that you have access to the new information you will be providing. We will implement a verification process to confirm this. If we are unable to verify your access, you will only be able to update one of your contact details (email address, phone number, bank account, etc.). This is necessary to maintain direct communication with you to fulfill our contractual obligations and for you to fulfill yours.<\/li>\n
                • Request proof of the Authorization granted, unless it is one of the cases in which the authorization is not necessary, in accordance with article 10 of law 1581 of 2012.<\/li>\n
                • To be informed, upon request, regarding the use that has been made of your Personal Data.<\/li>\n
                • To file complaints with the Superintendency of Industry and Commerce for violations of the provisions of the law.<\/li>\n
                • Revoke authorization and\/or request the deletion of your Personal Data.<\/li>\n
                • Access your Personal Data that has been processed, free of charge.<\/li>\n
                • Move, copy, or transfer personal data from one controller to another, in a secure manner, in a readable and commonly used format (right of portability).<\/li>\n
                • Please refrain from answering questions about sensitive data or data concerning children and adolescents. In this case, we will inform you that you are not obligated to provide authorization for the processing of sensitive data or data concerning children and adolescents.<\/li>\n
                • The request for deletion of information and revocation of the Authorization will not be processed when you have a legal or contractual duty to remain in the TuBanc Database.<\/li>\n<\/ul>\n

                  Procedure to exercise your rights.<\/strong> If you wish to exercise your rights, you must send an email to tubanc.dic@gmail.com, which will be handled by TuBanc's data protection department. This email must be addressed to DIGITAL INITIATIVES CORP SAS and must specify: (i) the name and identification of the data subject or their authorized representative; (ii) a precise and complete description of the facts giving rise to the claim; (iii) your demands; (iv) a physical or email address to which the response should be sent; and (v) any relevant documents and other evidence you wish to submit.<\/p>\n

                  The procedure we will follow for this communication will be the following:<\/p>\n

                    \n
                  • When the Data Subject wishes to consult the information held in the Database, TuBanc will respond to the request within a maximum period of ten (10) days. In compliance with the provisions of Law 1581 of 2012, if we are unable to respond to the request within this period, we will inform the Data Subjects of the reasons for the delay and provide the date on which their request will be addressed, which may not exceed five (5) business days following the expiration of the initial period.<\/li>\n
                  • When the Data Subject considers that the information contained in the Databases should be corrected, updated or deleted, or when they believe that TuBanc is failing to comply with its duties contained in Law 1581 of 2012, they may file a complaint with TuBanc, which will be processed under the following rules:
                    \nThe claim must be addressed to DIGITAL INITIATIVES CORP SAS and include the following information: (i) identification of the Account Holders, (ii) a description of the events giving rise to the claim, (iii) the address, and (iv) any supporting documents. If the claim is incomplete, TuBanc may request the Account Holder to complete it within five (5) days of receiving the claim. If the Account Holder does not provide the required information within two (2) months of the request, we will consider the claim withdrawn.
                    \nIf TuBanc is not competent to resolve the Claim, we will share it with the appropriate party within a maximum of two (2) business days and inform the Holder of the situation.
                    \nOnce we receive the complete Claim, we will include a note stating "Claim in process" in the space where the Personal Data and the reason for the Claim are located, within a period of no more than two (2) business days. We will keep the note until the Claim is resolved.
                    \nTuBanc will address the Claim within a maximum of fifteen (15) business days from the day after it is received. If we are unable to address the Claim within this timeframe, we will inform the Data Subject 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 initial timeframe. The removal or deletion of Personal Data will not be permitted when there is a contractual obligation to remain in TuBanc's Database.<\/li>\n<\/ul>\n

                    Complaints to the Superintendency of Industry and Commerce:<\/strong> You may file complaints with the Superintendency of Industry and Commerce, but you must exhaust the Consultation or Claim process with TuBanc first as a Procedural Requirement.<\/p>\n

                    13. What are TuBanc's obligations regarding the processing of your personal data? TuBanc's obligations as the Data Controller. TuBanc is obligated to comply with the obligations imposed by law. Therefore, it must act in such a way as to fulfill the following obligations:<\/p>\n

                      \n
                    • To guarantee you, at all times, the full and effective exercise of your rights mentioned in this Policy.<\/li>\n
                    • To process your Personal Data in accordance with the principles established in this Policy.<\/li>\n
                    • Keep the information under the necessary security conditions to prevent its alteration, loss, consultation, use or unauthorized or fraudulent access.<\/li>\n
                    • Update the information when necessary.<\/li>\n
                    • Correct your Personal Data when appropriate.<\/li>\n
                    • Provide the Data Controller only with Personal Data whose processing has been previously authorized.<\/li>\n
                    • Ensure that the information provided to the Data Processor is truthful, complete, accurate, up-to-date, verifiable and understandable.<\/li>\n
                    • Inform the Data Controller in a timely manner of any changes regarding the Personal Data that you have previously provided and take all other necessary measures to ensure that the information provided to the Data Controller remains up to date.<\/li>\n
                    • Inform the Data Controller in a timely manner of any corrections made to Personal Data so that they can make the necessary adjustments.<\/li>\n
                    • Demand that the Data Controller respect the security and privacy conditions of your Personal Data at all times.<\/li>\n
                    • Inform the Data Controller when certain information is under discussion by the Data Subject, once the complaint has been filed and the respective process has not been completed.<\/li>\n
                    • Report to the Superintendency of Industry and Commerce when violations of security codes occur and there are risks in the management of the information of the Holders.<\/li>\n
                    • Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.<\/li>\n<\/ul>\n

                      14. What other information do you need to know?<\/strong><\/p>\n

                      Contact.<\/strong> Any questions or additional information will be received and processed via the following email address: tubanc.dic@gmail.com<\/p>\n

                      Changes to the Personal Data Processing and Protection Policy.<\/strong> Any substantial changes to the Policy will be communicated to you in a timely manner by publishing the new version on our Platform and we will request your authorization through the same means.<\/p>\n

                      Last updated: This Policy was last updated on December 2, 2024.<\/p>\n

                       <\/p>\n

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