Privacy Policy

Through these policies, IN CHECK S.A.S. complies with the provisions established in subsection (k) of Article 17 and subsection (f) of Article 18 of Law 1581 of 2012, which regulate the duties and obligations of data controllers and data processors. Compliance is also ensured with Chapter Three of Decree 1377 of 2013 regarding “Policies for Data Processing,” which includes the requirement to adopt an internal manual of policies and procedures to guarantee adherence to the law—particularly with respect to addressing inquiries and claims—and to ensure that data processors also comply with these obligations.

Likewise, this document aims to regulate the procedures for the collection, storage, and processing of personal data carried out by IN CHECK S.A.S., in order to guarantee and protect the fundamental right of habeas data as established by law.
The processing of personal data pursues the following purposes:

a) Facilitate general access to information related to IN CHECK S.A.S., its products, and its services, for commercialization through various communication channels—whether managed directly by the company or by third parties.

b) Provide, inform, and promote products and services.

c) Conduct loyalty and verification calls with clients and strategic partners.

d) Inform, invite, and promote events organized by IN CHECK.

e) Assess the quality of the services provided.

f) Conduct surveys, internal and external market studies.

g) Manage collections through the company’s authorized payment channels.

h) Digitize and update internal databases.

i) Obtain authorization for the reproduction of artistic works.

j) Process data to obtain information required for testing, design, development, and implementation of applications.

k) Create database backups using various preservation methods.

l) Generate reports, indicators, statistics, and flat files for internal use and for submission to governmental oversight entities.

m) Consult personal data to: verify client information, update records, validate products, payments, account status, reconciliations, provide services, process service changes, reconcile collections from partner agreements, generate billing cards, document withdrawals, prepare contracts, renew contracts, send incentives and benefits, provide training, and distribute information and promotional materials.

n) Respond to petitions, complaints, claims, and suggestions.

In accordance with Article 8 of Law 1581 of 2012, data subjects have the following rights:

a) To know, update, and rectify their personal data held by IN CHECK S.A.S., in its capacity as Data Controller and Data Processor.

b) To request proof of the authorization granted to IN CHECK S.A.S., in its capacity as Data Controller and Data Processor.

c) To be informed, upon request, about how IN CHECK S.A.S. has used their personal data.

d) To file complaints before the Superintendence of Industry and Commerce for violations of Law 1581 of 2012, after having exhausted the consultation or claims process directly with IN CHECK S.A.S.

e) To revoke authorization and request the deletion of their data when the processing does not respect constitutional and legal principles, rights, and guarantees.

f) To access their personal data free of charge, when such data has been subject to processing.

IN CHECK S.A.S. acknowledges that personal data belongs exclusively to the natural persons to whom it refers, and that only they may decide how their data is used. Accordingly, the company will process such data solely for the purposes expressly authorized and will always comply with the mandates of the Constitution, Law 1581 of 2012 on personal data protection, and Decree 1377 of 2013, which regulates that law.

In accordance with Article 17 of Law 1581 of 2012, IN CHECK S.A.S. commits to permanently fulfilling the following duties related to the processing of personal data:

a) Guarantee the data subject, at all times, the full and effective exercise of the right of habeas data.

b) Maintain information under the necessary security conditions to prevent its alteration, loss, consultation, use, or unauthorized or fraudulent access.

c) Update, rectify, or delete personal data in a timely manner, in accordance with the deadlines established in Articles 14 and 15 of Law 1581 of 2012.

d) Process inquiries and claims submitted by data subjects within the time limits established in Article 14 of Law 1581 of 2012.

e) Include in the database the notation “information under judicial review” once notified by the competent authority of judicial proceedings related to the quality or accuracy of personal data.

f) Refrain from circulating information that is being disputed by the data subject and whose blocking has been ordered by the Superintendence of Industry and Commerce.

g) Allow access to personal data only to individuals authorized to receive such information.

h) Notify the Superintendence of Industry and Commerce of any security breaches that may pose risks to the administration of personal data.

i) Comply with all instructions and requirements issued by the Superintendence of Industry and Commerce.

Law 1581 of 2012 grants all natural persons a series of rights and guarantees designed to provide them with the tools necessary to protect their personal data and the way such data is used. For any right to be effective, it must be supported by a clear and efficient mechanism through which it can be exercised.

IN CHECK S.A.S. presents below the rights that data subjects may exercise, as well as the mechanisms available for doing so.

Right of Access

A data subject’s power to control or decide over the personal information held about them includes the right to access and verify whether their personal data is being processed, and to understand the scope of such processing.
IN CHECK S.A.S. guarantees the right of access as follows:

a) Upon request, the data subject may know whether their personal data is being processed by IN CHECK S.A.S.

b) The data subject may access their personal data held by IN CHECK S.A.S.

c) IN CHECK S.A.S. will inform the data subject of the types of personal data processed and each of the purposes that justify such processing.

d) IN CHECK S.A.S. will guarantee the right of access—once the identity of the data subject or their legal representative has been verified—by providing, free of charge, full details of their personal data through physical or electronic means that allow direct access. This enables the data subject to exercise their rights to rectify, correct, or request the deletion of all or part of their data.

Inquiries

In accordance with Article 14 of Law 1581 of 2012, data subjects or their successors may inquire about the personal information held in any database. The data controller or processor must provide all information contained in the individual record or linked to the identification of the data subject.

To address personal data inquiries, IN CHECK S.A.S. guarantees:

The availability of the email address informacion@inchecksas.com
, as well as any others deemed appropriate, which will be duly communicated through updates to the Privacy Notice.

Regardless of the mechanism used to submit an inquiry, responses will be provided within a maximum of ten (10) business days from the date of receipt.
If it is not possible to provide a response within this period, the data subject will be notified before the deadline expires, informed of the reasons for the delay, and provided with a new response date, which shall not exceed five (5) additional business days beyond the original term.

Claims

Under Article 14 of Law 1581 of 2012, data subjects or their successors who believe personal data should be corrected, updated, or deleted, or who identify a potential breach of the obligations set forth in Law 1581 of 2012, may submit a claim to the data controller. The claim will follow these rules:

a) The claim must be submitted through a written request addressed to the data controller or processor, including: the data subject’s identification, a description of the facts giving rise to the claim, their address, and any documents supporting the claim.
If the claim is incomplete, the data subject will be notified within five (5) business days following receipt to correct the deficiencies.
If two (2) months pass from the date of this request and the required information is not provided, it will be understood that the data subject has withdrawn the claim.
If IN CHECK S.A.S. is not competent to resolve the claim, it shall forward it to the appropriate entity within two (2) business days, informing the data subject of the situation.

b) Once a complete claim is received, the database must include, within two (2) business days, a notice stating “claim in process” along with the reason for the claim. This notice must remain until the claim is resolved.

c) The maximum term to resolve a claim is fifteen (15) business days from the day following its receipt. If it is not possible to resolve the claim within this period, the data subject will be informed before the deadline expires, notified of the reasons for the delay, and provided with a new response date, which shall not exceed eight (8) business days beyond the initial deadline.

IN CHECK S.A.S. will use the previously authorized personal information, provided no request for revocation has been submitted, for a period of 200 years, in compliance with the personal data processing policies established under the applicable law.