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This Privacy and Personal Information Treatment Policy (“Policy”) establishes the rights and responsibilities of the Holders of the information, as well as the duties and commitments of the Foundation for Conservation and Sustainable Development – FCDS in the use of such information.

Likewise, this Policy contains the general principles and parameters that must be observed in the processing of personal data by FCDS or any official and/or collaborator of FCDS or third parties that FCDS designates as responsible.

Therefore, the Holders must read this Policy carefully and in detail before submitting their personal information. The terms and conditions set forth herein shall apply to personal data provided physically as well as through FCDS’s non-face-to-face mechanisms (the website, information systems, e-mails, etc.), which is why it is recommended to be aware of them before using or consulting with FCDS; if they do not agree with this Policy, Data Subjects should refrain from using FCDS’s information systems or providing their data to the Foundation.

Scope

This Policy shall be applicable to the processing of data of suppliers, contractors, collaborators, beneficiaries and/or third parties whose personal data have been collected by FCDS through different means, which may be face-to-face or non-face-to-face mechanisms.

Glossary

  • Authorization: prior, express and informed consent of the Data Subject to carry out the Processing of personal data.
  • Database: organized set of personal data that is subject to processing by FCDS or a third party commissioned by it.
  • Data Processor: natural or legal person, public or private, who by itself or in association with others, performs the processing of personal data on behalf of FCDS.
  • Information/Personal Data/Data: means any information processed by FCDS that identifies an individual, or can reasonably be used to identify an individual, either directly or indirectly, alone or in combination with other data.
  • Data Controller: the Foundation for Conservation and Sustainable Development.
  • SIC. Superintendence of Industry and Commerce.
  • Third. The individual or legal entity, national or foreign, other than the Holder or the Foundation.
  • Data Subject: natural person whose personal data is subject to Processing. This Policy shall refer to the Data Subject as the User when it comes to personal information collected through the FCDS website.
  • Transfer. Activity that takes place when the Controller and/or Data Processor sends information or personal data to a third party that will act as Data Controller and that may be inside or outside the country.
  • Transmission. Processing of personal data that involves the communication of such data within or outside the territory of the Republic of Colombia, with the purpose of the Processing being carried out by a Processor on behalf of the Controller.
  • Processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.

Principles

The Processing of Personal Data shall be governed, in addition to the provisions of this document, by the general principles of processing of personal data enshrined in Law 1581 of 2012, which are described below:

Principle of purpose: the Processing of Personal Data carried out by FCDS, or any of the third parties referred to in this Policy, must obey a legitimate purpose in accordance with the applicable regulation, and be informed at all times to the owner of the information.

Principle of freedom: in order to carry out any Personal Data Processing activity, the prior, express and informed consent of the owner shall always be required.

Principle of truthfulness or quality: all information collected by FCDS or third parties to whom it entrusts the treatment, must be truthful, complete, accurate, current, verifiable and understandable. Under no circumstances may partial, incomplete, fractioned or misleading data be processed.

Principle of transparency: at all times the rights of the Personal Data Holder enshrined in the applicable local regulations must be guaranteed.

Principle of restricted access and circulation: the Processing is subject to the limits arising from the nature of the Personal Data and the provisions of the applicable local laws. In this sense, the Processing may only be carried out by persons authorized by the Data Subject and/or by the persons provided for by law.

Security principle: at all times, the Personal Data collected by FCDS, or any third party on its behalf, will be handled under strict technical, human and administrative measures that are necessary to provide security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.

Principle of confidentiality: all those to whom this Policy applies shall be obliged to guarantee the confidentiality of the information, even after the end of their relationship with any of the tasks included in the Processing.

Personal data subject to processing

FCDS, the organization that owns the www.fcds.org.co website , may obtain and retain the following information about visitors to its website or other face-to-face or non-face-to-face means by which it has collected personal information:

The date and time of access to our website. This allows us to find out the busiest times, and make the necessary adjustments to avoid saturation problems during our peak hours.

The Internet address from which the link that directs to our website started. Thanks to this we can know the effectiveness of the different links that point to our server, in order to promote those that offer better results and identify possible allies.

The number of daily visitors to each section. This allows us to know the areas of most interest and to increase and improve their content, so that users get a more satisfactory result.

Name and surname, gender, marital status, age, address, region, country, city, postal code, landline telephone number, mobile telephone number, address, e-mail address, social network addresses, profession, employment, type of employment relationship, organization where you work, address and telephone numbers of the organization where you work. This information is grouped into basic and personal data and professional experience.

Purposes of the processing of personal data

In accordance with current legislation on data protection, Law 1581 of 2012, Decree 1377 of 2013 and other regulatory decrees, concordant rules, the Holder must authorize in advance, expressly and informed to FCDS, the collection, storage, purification, use, analysis, circulation, updating and crossing with own or third party information, in any technology known or to be known, of the Personal Data provided at the time of registration, or any other provided to FCDS for the following purposes:

  • To provide you with information related to the activities of the SDCF;
  • Sending documents or information related to the FCDS;
  • For the engagement of collaborators and suppliers and/or contractors;
  • For beneficiary linkage and participation;
  • Comply with the obligations contracted with the Personal Data Holders;
  • Development of the activities it has with the holders of the information;
  • To carry out activities related to its corporate purpose;
  • To attend and manage the requests and suggestions made by the Data Holders;

Share and Transmit data to third party service providers in charge of Data Processing, who may store, process, protect and maintain the Personal Data provided. In these cases, the Data Subjects will be informed of the contact details of the third party Data Processor;

The Personal Data of the Holders may be disclosed by FCDS in order to provide information to governmental entities when requested, to comply with tax regulations, and to meet administrative and judicial requirements, and may be delivered for these purposes to lawyers and external advisors or auditors.

In the case of personal information collected through Information Systems, such information may be used to add the data subject to email subscription lists, analyze trends and statistics, improve website operation, provide content and advertisements, and send information materials about FCDS.

When accessing some of the website’s services (downloading videos, consulting information, subscriptions, forums, chats, webinars), to (i) Inform about trends and advances in Latin American and world journalism. (ii) Publicize activities, products and services of FCDS and/or its strategic allies, through any information media known or to be known. (iii)Develop strategic analyses for FCDS planning processes (iv)Verify the User’s identity and carry out selection processes for different types of activities (v) Answer any questions and process any comments that the User may make (vi) Manage administrative tasks, register suppliers and clients to issue invoices, purchase orders, contracts, and to make payments.

It may be processed for the additional purposes incorporated in any of the privacy notices.

Authorization for the processing of personal data

FCDS will collect personal information, which is subject to Processing with prior express authorization of the Holder of the information in which he/she will be informed, the form of Processing, the description of the Purposes of the Processing, his/her rights along with the form and channel to exercise them.

Proof of authorization

By means of physical and technological mechanisms, the necessary actions shall be implemented and adopted in order to maintain and keep the authorization for the processing of personal data granted by the data owners.

Rights of owners

In accordance with the Colombian legislation in force, the Holders have the right to:

  • To know, update and request the rectification of data against the Data Controllers or Data Processors.
  • Request proof of the granting of this authorization; except when expressly exempted as a requirement for the Processing, in accordance with the provisions of Article 10 of Law 1581 of 2012.
  • Be informed by FCDS of the use it has made of your personal data.
  • To revoke at any time the authorization to include your personal data in the FCDS databases and/or request its deletion when the Processing does not respect the constitutional and legal principles, rights and guarantees. The revocation and/or deletion will proceed when the Superintendence of Industry and Commerce has determined that in the Processing the Controller or Processor has incurred in conduct contrary to this law and the Constitution.
  • Request free access to your previously authorized personal data.

Processing of personal data

The Data Controller is FCDS and as data processor there may be third party service providers contracted directly by FCDS, companies and individuals who may perform services on behalf of FCDS, such as: sending emails, e-marketing, database cleaning and determination and consumption preferences, storage of Personal Data, and/or any other type of activity that FCDS entrusts to FCDS and involves the Processing of personal information.

FCDS and third party service providers shall process personal information within the scope and for the purposes covered by this item, in accordance with the provisions of Law 1581 of 2012, Decree 1377 of 2013 and other regulatory decrees and rules that modify them on personal data protection, and in accordance with this Privacy Policy and Protection of Personal Data. If the Processing of personal data is entrusted to a third party, the reference of the identification data of these third parties to whom the Processing is entrusted shall be included.

Exercise of rights

For the exercise of their rights, the Data Subjects shall have at their disposal the appropriate means of communication. In this regard, within FCDS there is an area responsible for ensuring compliance with this Policy, which will also address queries and complaints from the Personal Data Holders in the exercise of their rights. This area may be contacted at: (+571) 7443025 in Bogotá, Colombia, or by writing to contactenos@fcds.org.co, in writing to Carrera 70C # 48-29, Bogotá, Colombia, indicating the subject “Processing of Personal Data”.

Inquiries

The Holder or his/her representative may consult the Holder’s personal information provided to FCDS, for which he/she must make a request through the means provided by FCDS.

The FCDS shall answer the consultation within a maximum term of ten (10) working days from the date of receipt thereof; when it is not possible to answer the consultation within such term, the interested party shall be informed, stating the reasons for the delay and indicating the date on which the consultation will be answered, which in no case may exceed five (5) working days following the expiration of the first term.

Claims

The Data Subject or his/her representative may request the correction, update or deletion, by filing a claim which must be processed by means of a written request containing the following data:

  • Identification of the Holder
  • Description of the facts giving rise to the claim
  • Holder’s correspondence address
  • Supporting documents for the application

FCDS shall require the interested party within five (5) days after receiving the claim, to provide additional documents, in cases where the request is incomplete.

Within two (2) months following the date of the request without the applicant submitting the required information, it will be understood that the claim has been abandoned. Once the claim has been received, within two (2) days following the receipt of the claim, a note will be included in the respective database, stating that a claim is in progress.

FCDS, or whoever corresponds, will respond to the claim within fifteen (15) working days from the day following the date of receipt. In the event that it is not possible to address it within that term, the interested party will be informed, and the reasons for the delay will be reported, and a response will be given within a maximum of eight (8) days.

The Holders may at any time rectify, know and update their data, among others, in the case of partial, inaccurate, incomplete, fractioned, misleading data, or data whose processing is expressly prohibited or has not been authorized.

In accordance with the Law, FCDS may deny access to Personal Data or the revocation of the authorization or the request for deletion of a data in the following cases:

  • When the applicant is not the Data Subject, or the assignee, or the legal representative is not duly accredited for such purpose;
  • When the applicant is not a public or administrative entity in the exercise of its legal functions, or there is no court order.
  • When the Data Subject has a legal duty to remain in the database.
  • When the applicant’s personal data is not found in its database;
  • When the rights of a Third Party are injured;
  • When there is a legal impediment, or the resolution of a competent authority, which restricts access or personal data, or does not allow the rectification, cancellation or opposition thereof; and
  • When the rectification, cancellation or opposition has been previously made.

If there is any unsolved claim, the personal data of the Holder will be accompanied by the following legend: “Claim in process”. The Holder of the personal data may only file a complaint before the Superintendence of Industry and Commerce once he/she has exhausted the consultation or complaint process before FCDS.

Security measures in the processing of personal information

FCDS will store the Data Subject’s information securely and, therefore, will take all precautionary measures to protect your information against adulteration, loss, consultation, unauthorized or fraudulent use or access. Subcontractors and suppliers that in one way or another access personal data of Users by reason of any special assignment (Data Processor) are contractually obliged to keep such information confidential and may not use this information for any other purpose.

Processing of personal data of children under 18 years of age

FCDS does not wish to collect personal data from children under the age of 18. However, if parents or other legal guardians discover that children under their supervision have provided personal information to FCDS without their permission, and wish to delete it, they may contact FCDS for immediate instruction on how to delete it.

However, in case it is imperative to treat personal data of minors under 18 years of age, prior and express authorization shall be obtained from both parents and/or legal representatives of the minor, specifying the purpose of the Processing to which the information collected by the Responsible Party will be submitted.

Transborder transfer of personal data

In the collection, treatment and processing of Personal Information, FCDS may transfer the Personal Information to third parties related to treatment activities, entities that may be located in jurisdictions other than Colombia. When such transfer must be made to entities located in other countries where there are no regulations equivalent to those of Colombia on privacy and data protection, FCDS will ask the owner of the information for consent to make such transfers, all in accordance with this Policy and subject to the requirements established in the Colombian legislation on the matter. FCDS may entrust the processing of Personal Data to third parties who shall do so under this Policy and under their own policies, which may not contradict this Policy.

Requirements of the authorities

FCDS will cooperate with the competent authorities to ensure compliance with the laws on intellectual property protection, fraud prevention and other matters.

The User of the website www.fcds.org.co expressly authorizes FCDS to provide any Personal Information about him/her, in order to comply with any request from a competent authority, and in order to cooperate with the competent authorities to the extent we deem necessary and appropriate in connection with any investigation of an illicit or fraud, infringement of intellectual property rights, or other activity that is illegal or that may expose FCDS to any legal liability. In addition, the User authorizes FCDS to communicate his/her name, address, city, region, zip code, country, telephone number, e-mail address, and company name to the appropriate authorities in connection with the investigation of fraud, intellectual property rights infringement, piracy, or any other illegal activity.

This Information Processing Policy was revised in May 2017 and will be in force for as long as necessary to achieve the purposes mentioned in this Policy, and for which the data were collected.

Website Terms of Use

Thank you for visiting the FCDS website and for reviewing our terms and conditions of use (“www.fcds.org.co”or the “website”).

By accessing, browsing and using the contents and services of www.fcds.org.co, the user expressly accepts the Terms of Use, Privacy Policy and Treatment of Personal Information and Copyrights of this website.

This website and its contents are property of the FCDS, a Non-Governmental Organization that has been working since 2011 for peace building and sustainable development in Colombia, leading integrated territorial management strategies that articulate processes of planning, management and sectoral and community development, aimed at conservation and sustainable management and development of the Amazon region, mainly.

Except for legal exceptions, the total or partial reproduction of this site, its translation, inclusion, transmission, transformation, storage or access through analog or digital media or any other system or technology created or to be created, without prior written authorization from FCDS, is prohibited.

  1. i) All Users who wish to actively participate must register.
  2. ii) Those who wish to consult the information on fcds.org.co may do so without registering, but the application for activities, participation in networks and communities of practice, among other activities, require registration.

iii) The data included in the registration must be verifiable. At least, the contact e-mail address.

  1. iv) Users of fcds.org.co undertake to make good use of the site and not to use its services for illicit, illegal or contrary to good faith purposes.

Exclusion of liability

  1. i) The opinions posted by Users on the contents of this site do not compromise FCDS in any way. Likewise, FCDS reserves the right to remove those comments or any other content that it considers inappropriate or goes against the objectives of the site.
  2. ii) By accessing the links or hyperlinks contained in this website that refer to third party sites and portals on the Internet, users who leave the FCDS page are subject to the rules of use and privacy of the sites and portals they visit. Since FCDS has no control over the content of these sites and portals, it is not responsible for the consequences of visiting them, since the inclusion of the link or hyperlink does not imply that there is any relationship between FCDS and the operator of the site.

Use of FCDS materials and services

By virtue of its mission, unless the use of a particular material or work is specifically restricted on the same website on which it is found, it is the policy of the FCDS to permit limited reproduction and distribution of materials posted on its website, subject to the following conditions:

  1. i) The contents must be reproduced in their entirety, in their original form, without edits or alterations that change their essence or without deleting, evading or manipulating any indication of copyright, logos or intellectual property safeguards.
  2. ii) All partial or total reproductions or copies of the contents must include an express indication that the material was obtained from fcds.org.co with the authorization of the FCDS.

Copies may only be distributed for non-commercial purposes, free of charge.

iii) Subject to compliance with the above conditions, FCDS grants Users of its website a non-exclusive, non-transferable license to use, copy and distribute its materials.

  1. iv) In no case may the FCDS logo, or its graphic design elements, photography, audio or video be reproduced separately from the textual content associated with them.
  2. v) For uses and conditions other than those specifically described in the preceding paragraphs, users may not copy, reproduce, distribute, modify, present, prepare derivative works or make any other use of the contents published on fcds.org.co, without the express authorization of FCDS. To request such authorization, please send an e-mail to contactenos@fcds.org.co.

Intellectual property and copyright

i) The FCDS maintains its website for informational and educational purposes, to make available to citizens, decision-makers, the media, journalists, communicators and other interested users, information, knowledge and tools produced in the framework of activities and projects aimed at promoting integrated territorial management based on the articulation of planning, land use and sectoral development processes, considering scenarios of change and socio-environmental conflicts.

ii) All materials on the site that include photographs, images, audio clips, video clips or logos, are the exclusive property of the FCDS or its allies, project partners, sponsors and sponsors. The materials on this site are protected by Colombian and international copyright and intellectual property protection laws.

iii) When a user uploads or publishes third party material, it shall be understood that said user has the authorization of the holder of the moral and economic rights of said material; consequently, FCDS is not responsible for third party publications on the web page.

iv) The FCDS reserves the right to remove any information that it subjectively deems inappropriate.