BUSINESS IDENTIFICATION

This policy is developed and applied by Solutions & Payroll S.A.S. (hereinafter The Company), identified under NIT. 900.508.955-5, domiciled in the city of Bogotá D.C. at Calle 129 No. 53 -71, Office 302, of private legal regime and whose corporate purpose is the provision of services and activities of business advice and management, as well as may carry out any other legal economic activity both in Colombia as abroad. The company may carry out, in general, all operations, of any nature whatsoever, related to the aforementioned object or complementary to facilitate and develop the trade or industry of the company, duly registered with the Chamber. of Commerce of Bogotá.

2. SCOPE

This policy is applicable to the processing of personal data that are stored in theSolutions & Payroll S.A.S.

3. APPLICABLE LEGAL FRAMEWORK

Solutions & Payroll S.A.S. It adheres to the Personal Data Processing Law and proceeds as indicated by the regulatory considerations and without being limited to these, to the following in order of entry into force or issuance:

Statutory Law 1266 of 2008. Decree 1727 of 2009. Decree 2952 of 2010. Law 1266 of 2008. Law 1581 of 2012. Resolution 76434 of 2012. Resolution 20752 of 2013. Decree 1377 of 2010. Law 1712 of 2014. Decree 866 of 2014 . Circular 02 of 2015. Circular 01 of 2017. Sentence c-748/11 Sentence c-1011/08 General Data Protection Regulation (RGPD). Regulation (EU) 2016/679)

Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data related to criminal offenses or the execution of criminal sanctions, and the free circulation of said data.

4. DEFINITIONS

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

Privacy notice: verbal or written communication generated by the person in charge addressed to the owner for the processing of their personal data, by means of which they are informed about the existence of the information processing policies that will be applicable, the way to access the same and the purposes of the treatment that is intended to give personal data.

Database: organized set of personal data that is subject to treatment.

Client: natural or legal person to whom professional services are provided by virtue of a pre-existing commercial relationship.

Cookie: we understand a small file with a string of characters that is sent to the computer of whoever enters a website, which allows the user’s preferences to be stored, among others.

European Commission: The European Commission is the executive body of the European Union and represents the interests of Europe as a whole (different from the interests of each country separately).

Personal data: any piece of information linked to one or more specific or determinable persons or that may be associated with a natural or legal person.

Public data: it is the data that is not semi-private, private or sensitive. Public data, among others, are data related to the marital status of individuals, their profession or trade and their status as a merchant or public servant. By its nature, public data may be contained, among others, in public records, public documents, gazettes and official gazettes and duly enforceable judicial decisions that are not subject to reservation.

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, union membership, social, human rights organizations or organizations 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.

Indispensable data: they are understood as those personal data of the holders essential to carry out the activity of higher education in teaching, research and extension. The data of an indispensable nature must be provided by the owners thereof or those entitled to exercise these rights.

Optional data: are those data that  Solutions & Payroll S.A.S. Requires to offer additional services in research, extension, job offers, calls, searches, investment, structuring, presentations, etc.

Employee:  natural person who provides personal services to the company by virtue of an employment contract. Former employee: natural person who provided personal services to the company by virtue of an employment contract that ended for any reason. Person in charge of the treatment: natural or legal person, public or private that by itself or in association with others, carries out the processing of personal data on behalf of the person responsible for the treatment. Data protection law: it is law 1581 of 2012 and its regulatory decrees or the rules that modify, complement or replace them described in the legal framework of this document. Habeas data: the right of any person to know, update and rectify the information that has been collected about them in the data bank and in the files of public and private entities. Supplier: natural or legal person that supplies goods and / or services to the company by virtue of a pre-existing commercial relationship.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 data processing. Owner: natural or legal person whose personal data is subject to treatment. Third country: country or territory not belonging to the European Union or different from the country that establishes the regulations or regulatory process for the processing of personal data. Treatment: any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion. Transfer: the data transfer takes place when the person in charge and / or in charge of the processing of personal data, located in Colombia, sends the information or personal data to a recipient, who in turn is responsible for the treatment and is inside or outside from the country. Transmission: processing of personal data that implies the communication of the same within or outside the territory of the Republic of Colombia when it is intended to carry out a treatment by the person in charge on behalf of the person responsible.Visitor: any natural person who is in the company’s facilities and who does not have the status of an employee.

5. SENSITIVE DATA

Sensitive data is understood to be those whose improper use may affect the privacy of the owner or generate discrimination, it can be understood as information related to racial or ethnic origin, political orientation, religious or philosophical convictions, membership of unions, social organizations, as well as data related to health, sexual life, biometrics, socioeconomic, family, choice and conviction information and all that information that, due to a function other than the request, is only known to the owner.EXCEPTIONS TO THE PRIOR AND EXPRESS AUTHORIZATION OF THE HOLDER Without prejudice to the foregoing, and in accordance with the Law, Solutions & Payroll S.A.S. ou may proceed to the processing of your data, without requiring your prior authorization, in the case of:

1. Information required by a public or administrative entity in the exercise of its legal functions or by court order.
2. Data of a public nature (in accordance with the legal definition of the term).
3. Cases of medical or health emergency.
4. Information processing authorized by Law for historical, statistical or scientific purposes.
5. Data related to the civil registration of people.

However, the data that is collected by Solutions & Payroll S.A.S. may, eventually, be shared with other members of the Company worldwide and with third parties that have interference or require such information by virtue of the conclusion of contracts or to establish data in relation to benefits and compliance with the corporate purpose, not only in the Colombian territory, but in those places where the Company has a worldwide presence. In the event that said information is going to be shared with third parties other than other members of the Society worldwide or with third parties that are not clients of the Society or who do not have a direct interest in the information provided, their consent will be requested. and authorization before sharing such information.

6. PURPOSE OF THE PROCESSING OF PERSONAL DATA

PURPOSE OF THE PROCESSING OF CUSTOMER DATA Solutions & Payroll S.A.S. may carry out the processing of personal information about its clients for the purposes of providing the professional services hired by them, in accordance with the respective corporate purpose. For this reason, the contracts that are entered into with clients will be governed by the provisions of this policy, or will include a clause that regulates the treatment of the information accessed by virtue of it. Solutions & Payroll S.A.S. On the occasion of events, trainings or other activities carried out, you may record and take audios, videos or photos of clients of their development. Which can be used by the company in newsletters, sector reports and / or publications. PURPOSE OF THE DATA PROCESSING OF WORKERS LINKED BY OUR CLIENTS. Solutions & Payroll S.A.S. will have a file in which the personal data of all Employees who have a working relationship with clients who subscribe to the business Outsourcing model at the Personnel and Payroll Administration level will be stored in a defined way, both in the process of linking, as well as in the processes of preparation, settlement and management of labor payment data, as well as those of its unlinking. This file will have the following purpose:

1. Serve as the basis for the issuance of labor certificates by the client referred to in Article 57, numeral 7 of the Substantive Labor Code, at the request of the Former Employee or his successors in title;
2. Manage payments under the working conditions agreed by the client and his worker within the framework of the employment contract that they have signed.
3. Compliance with the legal system in terms of labor, civil and tax issues that the client must assume in relation to his worker.
4. Payroll settlement, social security payments, personal and financial information records, in accordance with the personnel and payroll administration process managed bySolutions & Payroll S.A.S.  on behalf of and on behalf of Client.
5. In all those payments to third parties and in general in all the processes where said information is required for the payment procedure, discount and fulfillment of duties before governmental, social and judicial entities with a clear legal statement for the knowledge of them.

For all cases,Solutions & Payroll S.A.S. It will only have interference with the data collected and managed here until the end of the commercial link or until the client expresses his desire to collect the information processed by the company, either by inherent procedures in its treatment or by the management of the end of the contract of work of the owner or by the termination of the commercial link, in any case, the company will proceed with the delivery of the complete information, without custody or custody of it, unless by legal provision, or obligation established in the commercial contract so has been set. PURPOSE OF THE PROCESSING OF DATA OF SUPPLIERS OR OF PEOPLE WITH WHOM THEY HAVE A COMMERCIAL OR TRAINING RELATIONSHIP. Solutions & Payroll S.A.S. will carry out the Treatment of personal information of its Suppliers or of the people with whom they have a commercial or training relationship in order to comply with the obligations acquired by virtue of the respective commercial relationship, be they identification or tabulation. In relation to Suppliers, such obligations include, among others, evaluating their performance; establish, manage or terminate business relationships or verify references; provide the business metrics, and the others that are established in the agreements or contracts signed with the Supplier. In relation to clients, such obligations include, among others, the management of information from service agreements or contracts, price agreements, service level agreements, management of sensitive information of its workers by function of the Outsourcing service and in general all those civil, fiscal and financial obligations that are established with the Client.

7. RIGHTS OF THE HOLDER

The owner of the data collected by Solutions & Payroll S.A.S.  you will be entitled to the following: QUERY The owners or their successors duly accredited in accordance with the Law, may consult, by written request, free of charge and in accordance with the Law, their data that rests in any database whose direct responsibility is ofSolutions & Payroll S.A.S.  that is, it is designated by will and compliance with legal agreements with clients. RECTIFICATION AND UPDATING OF DATA Solutions & Payroll S.A.S. will have the obligation to rectify and update at the request of the owner, the information of the latter that turns out to be incomplete or inaccurate, for which the owner must follow the procedure established in Section IX literal b of this Policy. PROOF OF AUTHORIZATION Provided that it is not a question of those cases in which the Law exempts Solutions & Payroll S.A.S.  to obtain the authorization of the owner, or those cases in which the data was collected prior to June 27, 2013, the Owner may request Solutions & Payroll S.A.S.  proof of acceptance given for the processing of your data. UTILIZATION At all times the owner will have the right to Solutions & Payroll S.A.S.  inform you, upon request, the use that has been given to your personal data. COMPLAINTS When the owner believes that this policy or current regulations on the protection of personal data have been breached, he may file a complaint in this regard with the Superintendency of Industry and Commerce, if he considers it pertinent. SUPPRESSION The Holder may, at any time, request Solutions & Payroll S.A.S.  the deletion of your personal data and / or revoke the authorization granted for the Treatment of one, some or all of the personal data supplied or collected. The foregoing unless the owner has a legal or contractual duty to remain in the database of Solutions & Payroll S.A.S. This deletion does not extend to the reserves of physical, digital or supported information on removable media when it refers or serves as evidence in judicial processes, serves as a mechanism for accreditation of imprescriptible legal requirements such as those associated with the pension, accreditation of criminal, labor processes or civil, work identity control procedures and all those inherent to the procedures by which the fulfillment of legal obligations in charge ofSolutions & Payroll S.A.S. or by delegation of one or more of its clients in Outsourcing function.

8. AREA IN CHARGE OF PROCESSING QUESTIONS, REQUESTS, COMPLAINTS OR CLAIMS

For all the purposes of this policy and in compliance with current regulations, Solutions & Payroll S.A.S. They have arranged that the area in charge of processing the doubts, requests, complaints and / or claims of the holders is the Integral Management area whose contact details are the following: Telephone: (571) 7426386 – (03) 3003689121 Address: Street 129 No. 53 -71, Office 302 Email: soporte@solutionsandpayroll.com

9. PROCEDURE FOR THE EXERCISE OF THE HOLDER’S RIGHTS

The Holder or his successors in title, duly accredited in accordance with the Law, who consider that the information contained in a database, whose responsible isSolutions & Payroll S.A.S. , must be subject to:

1. Correction, update or deletion
2. When they notice the alleged breach of any of the duties contained in the Law.
3. When they have any concerns or claims regarding this Policy
4. When they want to consult the information that they have Solutions & Payroll S.A.S.

In the above cases, they may present a claim or concern to the area in charge. This communication must contain the information indicated in article 15 of Law 1581 of 2012 and follow the procedure indicated below:

10. PROCEDURE AGAINST CONCERNS AND / OR CLAIMS.

When the owner or his successors in title have concerns and / or claims about this Policy and / or the treatment that Solutions & Payroll S.A.S. You have given your data, you must formulate your concern and / or claim in writing and send it to any of the following addresses that appear in this document. Additionally, in the event in which the request is made by physical mail, the holder must indicate the address to which he wishes the response to be sent. Once the respective communication has been received, the area in charge will have 15 business days to resolve the concern and / or claim, and respond to the owner. When it is not possible to address the claim or concern within said term, the owner will be informed of the reasons for the delay and the date on which their claim will be addressed, which may not exceed eight (8) business days following the expiration of the foreground.

11. SECURITY

Solutions & Payroll S.A.S. undertakes to adopt the instructions issued for this purpose by the Superintendency of Industry and Commerce and international standards that regulate the matter. Notwithstanding the above, Solutions & Payroll S.A.S. declares that they have information security policies and a technological infrastructure that reasonably protects the personal information collected, limiting access to third parties as far as possible. However, Solutions & Payroll S.A.S.  will make continuous efforts to improve the security standards that protect the personal information collected.

12. MINORS

SOLUTIONS & PAYROLL S.A.S.  is aware of the legal prohibition that exists to collect data from minors. For this reason, and in strict adherence to current legislation, will proceed to the collection of this type of data only when they are of a public nature, and the Treatment of the same when:

1. Respond and respect the best interests of the minor.
2. Respect for their fundamental rights is ensured.
3. Information that does not violate the integrity or privacy of minors is linked.
4. There is the express and written consent of the parents or adult guardians.
5. It is required by law, its collection is regulated by express judicial order or is requested by a competent authority.
6. It is required to keep records or traceability of welfare management of workers or their families.

The collection and treatment of these data will be for specific purposes and will be regulated in accordance with the relationship processes duly authorized by their parents or person in charge of minors.

13. INTERNATIONAL TRANSFER OF PERSONAL DATA

Solutions & Payroll S.A.S.  undertakes not to transfer data to third countries that do not comply with the personal data protection standards required by the Superintendence of Industry and Commerce and the General Data Protection Regulation – RGPD, except for the exceptions indicated below:

1. Information for which the owner has granted his express and unequivocal authorization for the transfer;
2. Exchange of medical data, when required by the treatment of the holder for reasons of health or public hygiene;
3. Bank or stock transfers, in accordance with the applicable legislation;
4. Transfers agreed in the framework of international treaties to which the Republic of Colombia is a party, based on the principle of reciprocity;
5. Transfers necessary for the execution of a contract between the owner and the person responsible for the treatment, or for the execution of pre-contractual measures as long as the authorization of the owner is obtained;
6. Transfers legally required to safeguard the public interest, or for the recognition, exercise or defense of a right in a judicial process.
7. When it comes to personal data of holders who belong to the European Union as part of the development of the corporate purpose, regardless of the place where the data is processed.

In the cases not considered as exceptions in this section, it will correspond to the Superintendency of Industry and Commerce, to issue the declaration of conformity regarding the international transfer of personal data. For this purpose, the Superintendent is empowered to request information and carry out the proceedings aimed at establishing compliance with the budgets required for the viability of the operation, upon request ofSOLUTIONS & PAYROLL S.A.S., before this Entity.

14. FROM THE CATEGORY OF PERSONAL DATA OF INTERNATIONAL INTERVENTION

In accordance with the existing treaties and the regulations established for each region of the world, it is established that the type and amount of personal data that can be processed depends on the reasons for the treatment (legal reason used) and what they want to do with it, establishing guarantees of respect for the key standards established by these regions. These regulations include the following:

1. Solutions & Payroll S.A.S. It establishes the mechanisms for safeguarding the personal data of its international suppliers, clients and workers, treating said data in a lawful, loyal and transparent manner, guaranteeing loyalty to the people whose personal data is being processed,
2. Solutions & Payroll S.A.S. Establishes the specific purposes for data processing, indicating such purposes to individuals when collecting their personal data; stating that personal data cannot simply be collected for undetermined purposes,
3. Solutions & Payroll S.A.S.  It establishes that only the personal data that are necessary to fulfill that purpose of the corporate purpose will be collected and processed,
4. Solutions & Payroll S.A.S.  Guarantees that personal data are accurate and up-to-date, in relation to the purposes for which they are processed, and correct them if not.
5. Solutions & Payroll S.A.S.  It states that when the personal data does not fulfill the original purpose of the collection, will not proceed with its use, for which it will place it in the direct custody of the owner or in case contact cannot be established with it, it will be eliminated,
6. Solutions & Payroll S.A.S.  It will guarantee that personal data is not kept longer than necessary for the purposes for which it was collected,
7. Solutions & Payroll S.A.S. Establishes appropriate technical and organizational guarantees that respond to the level of security, confidentiality and integrity of personal data, including protection against unauthorized or illegal treatment and against its loss, destruction or accidental damage, through the application of appropriate technology.

Yes if necessary Solutions & Payroll S.A.S.  has collected personal data based on a legitimate interest, a contract or vital interests, these may be used for other purposes, but only after verifying that the new purpose is compatible with the original purpose. In this sense, the following should be assessed:

1. That the relationship between the initial end and the new or future end are compatible
2. That the context in which the data was collected was legitimized between the relationship between the company and the owner
3. The type and nature of the data
4. The possible consequences of further treatment, that is, how the new treatment will affect the person.
5. The existence of adequate guarantees
6. If you want to use the data for statistical or scientific purposes, no compatibility test is necessary.

If they have collected the data on the basis of consent or in compliance with a requirement of law, there can be no further processing outside the areas covered by the initial consent or the legal provision. Further processing would require obtaining a new consent or a new legal basis.

15.   ON THE PUBLIC ADMINISTRATION AND THE LEGITIMATION OF THE USE OF THE INFORMATION

Faced with the public administration of the personal data collected, Solutions & Payroll S.A.S. is subject to the provisions established in the Colombian legal regulations, to the regulations established for the purposes of preservation and regulation in the countries where it is present, as well as the General Data Protection Regulation – RGPD established by the European Union, regarding the treatment of the personal data of a natural or legal person, regardless of the legal relationship signed with the Company. It will be the responsibility of the suppliers, workers, clients and in scope all those natural or legal persons of a private or public nature, whether national or international, in supporting Solutions & Payroll S.A.S. in its operations at the local, regional, national or international level in the preparation of the application of the General Data Protection Regulation – RGPD. Before processing personal data, natural or legal persons must be informed about the treatment, its purposes, the types of data collected, the recipients and their rights in terms of data protection, urging themselves to expressly and in writing authorize the use thereof. In all scopes, the existing legislation in each country for the treatment and preservation of personal data prevails, in the absence of regulation the most appropriate means for its treatment and protection will be established, without going against the legislation of each country that Solutions & Payroll S.A.S.  have presence. In cases of shared administration between Solutions & Payroll S.A.S. and its clients, it is the obligation of this to designate a delegate or person in charge of data protection, which may be a natural or legal person endorsed by the parties or any of the parties that are subject to compliance with a service provision contract, for which the client must, by means of an express document, establish the scope of the information, its treatment and its security, without affecting its integrity, legality and transparency in its conservation. In the cases that the personal data in possession is accidentally or illegally disseminated to recipients without authorization or their access is prevented or temporarily altered, it must be notified without undue delay no later than 72 hours after they have had proof of the violation. Also, Solutions & Payroll S.A.S. You must inform the affected persons about the violation.

16. COOKIES

Solutions & Payroll S.A.S.  You acknowledge that Cookies may be used on your Websites. Although it is possible that the user, even if he does not allow the use of cookies, can access the websites of Solutions & Payroll S.A.S. , in order to administer and properly administer the websites, it is possible that anonymously Solutions & Payroll S.A.S.  feed their operational systems with the information derived from cookies, and identify the categories of visitors by items such as domains and type of “browsers”. All this information may be entered in the Web masters of Solutions & Payroll S.A.S., in order to provide a better experience to those who use the websites. The data collected from natural or legal persons will be treated with the express consent of the person who diligently, which may be revoked at any time in accordance with this policy. Said consent will be expressly informed in each of the forms or sections of the web where they are required, also establishing simple, free and accessible systems for opposing the processing of your data when it deems appropriate.

17. CHANGES OR UPDATES TO THIS POLICY

Solutions & Payroll S.A.S. may modify, delete or update this Policy for the Treatment of Personal Data at the time they deem necessary.

18. OF UPDATES OF PERSONAL DATA IN THE NATIONAL REGISTRY OF DATABASES – RNBD OF THE SUPERINTENDENCY OF INDUSTRY AND COMMERCE

In accordance with the main objective of the NATIONAL REGISTRATION OF DATABASES – RNBD, which is to have a public directory of the personal databases subject to treatment that operate in the country, corresponding to the General Regime of Protection of Personal Data of Colombia and whose administration will be in charge of the Superintendency of Industry and Commerce, should proceed with what is indicated for all purposes in the User Manual of the National Registry of Databases – RNBD.

19. VALIDITY

This Policy is effective as of June 04, 2020.