Lewin & Wills Attorneys at Law Ltda. (hereinafter “Lewin & Wills” or “the firm”) has established the present data protection policies with the purpose of complying with current legislation in this matter (Law 1581 of 2012 and Decree 1377 of 2013) and to handle the personal data provided by its clients with the necessary technical, human and administrative measures to ensure the protection of the constitutional right of all persons to know, update and rectify the information collected on databases or files.
This Policy is binding for all Lewin & Wills employees, as well as contractors and third parties acting on behalf of the firm. All Lewin & Wills employees must observe and respect these policies in the execution of their duties.
Through this document, we inform you of: (i) the treatment to which your data will be submitted, by the terms of your authorization, and its purpose, (ii) the rights that assist you as holder of the data, (iii) the contact information of the person responsible within Lewin & Wills for requests, inquiries and claims, to whom you can exercise your rights to know, update, correct and delete the data and revoke the authorization, and (iv) the procedure for exercising the right to know, update, correct and delete information and revoke your authorization.
I) Data processing and its purpose
During the exercise of its activities, Lewin & Wills carries out the processing of personal data, i.e., it collects, stores, uses, transmits and in certain cases transfers to third countries the personal data freely and voluntarily provided by its clients. This is done for the following purposes:
- Comply with the obligations acquired by Lewin & Wills under the contracts with its customers.
- Send information, on behalf of its clients, to public or private entities, when the client has previously requested.
- Inform its clients and colleagues about regulatory and case law developments on topics of interest.
- Send to its clients information related to the services provided by the firm.
- Ask the client to evaluate the quality of the service provided by Lewin & Wills.
- Carry out administrative processes inside the firm, in order to classify and file the information of each client.
- Develop studies within the firm, in order to develop personalized services, according to the specific characteristics of each client.
- Register the data of the clients in databases to organize the information in an efficient way.
- To comply with legal or regulatory obligations, including those related to the prevention of fraud, money laundering and terrorism.
- Any other that is convenient or pertinent for the proper and efficient execution of the contracts agreed with its clients.
(ii) The rights of the holder
In accordance with article 8 of Law 1581 of 2012, as a holder, i.e., a natural person whose personal data are subject to processing by Lewin & Wills, you have, and can exercise at any time, the following rights:
- Know, update and rectify your personal data with the person in charge at Lewin & Wills. This right may be exercised against partial, inaccurate, incomplete, fractioned, misleading data, or those whose treatment is expressly prohibited or has not been authorized.
- Request proof of authorization granted to Lewin & Wills, except when such authorization is expressly exempted as a requirement for processing data, in accordance with the provisions of article 10 of law 1581 of 2012.
- Be informed by the person in charge at Lewin & Wills, upon request, of the use it has given to its personal data.
- Submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and/or Decree 1377 of 2013 and other rules that modify, add or complement.
- Revoke the authorization and/or request the suppression of the data when the principles, rights and constitutional and legal guarantees are not respected during the data processing. The revocation and/or suppression shall proceed when the Superintendency of Industry and Commerce has determined that in the processing Lewin & Wills has committed a conduct contrary to Law 1581 of 2012 and to the Constitution.
- The holder may also revoke the authorization and/or request for suppression of the data at any time, as long as there is no legal or contractual duty that imposes the holder the obligation to remain in Lewin & Wills database or file.
- Access free of charge to the personal data that has been processed.
(iii) Responsible person within Lewin & Wills
Within Lewin & Wills, Gloria Amparo Castrillón has been designated as the person in charge of handling petitions, inquiries and complaints, whose contact details are as follows:
Address: Street 72 No. 4-03, Bogotá D.C.
Email address: email@example.com
You can exercise your rights to know, update, rectify, delete the data and revoke the authorization before this person.
(iv) Procedure to exercise your rights
The rights of the holders may be exercised by the following people legitimized in accordance with article 20 of Decree 1377 of 2013:
- The holder, who must prove his identity
- The assignees of the holder, who must prove such quality.
- The representative and/or attorney of the holder, with previous prove of these qualities.
- A third party under stipulation in favor of another or for another.
To exercise your rights to know, update, rectify and delete information and revoke the authorization you must contact the person in charge, by written communication, as established in the previous point. Additionally, in accordance with what is established in articles 14 and 15 of Law 1581 of 2012, you have the right to formulate inquiries and claims, for which the procedure explained below must be carried out.
If it is an inquiry, it will be answered within a maximum term of ten (10) business days from the date of receipt. When it is not possible to attend the consultation within this term, the interested party will be informed of the reasons for the delay and the date on which the consultation will be attended, which in no case may exceed the five (5) business days following the expiration of the first term.
However, in case of willing to make a claim, it must be formulated through an application that must be submitted in writing and must be addressed to the person in charge, as stated in the previous point. In the event that the person receiving the complaint is not competent to resolve it, it will transfer it to whom it corresponds in a maximum term of two (2) business days and inform the interested party.
The claim should include the identification, the description of the facts that give rise to the claim, its address, and the relevant documents. If the claim is incomplete, the interested party will be required within five (5) days of receipt of the claim to remedy the faults. After two (2) months from the date of the request, without the applicant submitting the requested information, it will be understood that it has withdrawn the claim.
Once the complete complaint has been received, the message “complaint in process” and the reason for it, within a period of no more than two (2) business days, will be included in the database. This caption must be maintained until the claim is settled.
The maximum term to attend the claim shall be fifteen (15) working days from the day following the date of receipt. When it is not possible to deal with the claim within that term, the interested party will be informed of the reasons for the delay and the date on which their claim will be dealt with, which in no case may exceed eight (8) business days following the expiration of the first term.
If you require any additional information do not hesitate to inform us.
Lewin & Wills Abogados Ltda
Address: Calle 72 No. 4-03, Bogotá D.C.