PREAMBLE. – TCW S.A.S., licensee of the brand THE COLOR WEAR in Colombia, in compliance with Law 1581 of 2012 and Regulatory Decree 1377 of 2013, implements its Manual of Policies for the Processing and Protection of Personal Data.
TCW S.A.S. will implement all actions necessary to ensure the protection and processing of personal data for which it is responsible, especially to safeguard the rights to privacy, intimacy, and good name, as well as the rights to access, update, and rectify the data of holders collected in its databases.
Therefore, this manual applies to protect both personal data and transactional information currently processed or that may be processed in the future, including the data of employees and contractors.
PRINCIPLES
ACCESS TO THE PERSONAL DATA PROCESSING POLICY.
This policy is available to data holders through appropriate dissemination channels provided by TCW S.A.S., identified with NIT 802014042-1 as the data controller, at its main office at CR 55 No 74-106, phone lines (605) 2000211 / (605) 3877207, and on the website www.thecolorwear.com
PERSONAL DATA PROCESSING
The processing of personal data is carried out according to the authorization given by the data holder or under special rules when legal exceptions apply.
CONTROLLER OF PERSONAL DATA PROCESSING
DATA SUBJECT RIGHTS
In accordance with the applicable current data protection legislation, the following are the rights of data subjects:
• To access, know, update, rectify, and delete their personal data held by TCW S.A.S.
• To request proof of the authorization granted to TCW S.A.S. for the processing of their data, through any valid means.
• To be informed by TCW S.A.S., upon request, about the use given to their personal data.
• To file complaints with the Superintendence of Industry and Commerce for violations of Law 1581 of 2012, after prior consultation or requirement with TCW S.A.S.
• To revoke the authorization or request deletion when the processing does not respect constitutional and legal principles, rights, and guarantees.
• To access their personal data processed by TCW S.A.S. free of charge.
CONFIDENTIALITY AND SECURITY OF DATABASES
TCW S.A.S. uses all human, technical, and technological resources at its disposal, making its best effort to ensure the security and confidentiality of the personal data it controls.
Regarding confidentiality, TCW S.A.S. agrees to sign appropriate confidentiality agreements with third parties when sharing data for the provision of value-added services.
AUTHORIZATION FOR PERSONAL DATA USE
TCW S.A.S., as the CONTROLLER of personal and transactional data, obtains clear, prior, express, informed, and flaw-free authorization from data holders through forms, data collection formats, electronic forms, and other available means.
AUTHORIZATION AND CONSENT OF THE DATA SUBJECT
TCW S.A.S. will request authorization from data holders before processing their personal or transactional data, except in the cases expressly authorized by Article 10 of Law 1581 of 2012.
MEANS TO PROVIDE AUTHORIZATION
TCW S.A.S. may obtain authorization through physical documents, electronic messages, websites, or any format that allows the data subject to give unequivocal consent. If such consent had not been given, the data would not have been stored or captured.
Authorization will be requested by TCW S.A.S. through its brand THE COLOR WEAR prior to processing.
REVOCATION OF AUTHORIZATION
Data holders or their representatives may revoke the authorization given to TCW S.A.S. at any time or request data deletion, as long as no legal or contractual provision prevents it.
TCW S.A.S. will establish simple mechanisms to allow revocation through at least the same means by which it was granted.
Revocation may be total (ending all processing) or partial (ending specific uses). In the latter case, TCW S.A.S. may continue to process the data only for purposes for which the consent has not been revoked.
GUARANTEES OF THE RIGHT TO ACCESS
To guarantee this right, TCW S.A.S. will provide data subjects access to their personal data through appropriate means, including electronic systems allowing direct access.
PURPOSES OF DATA PROCESSING
Data will be processed by TCW S.A.S. for purposes consistent with Law 1581 of 2012 and Law 1266 of 2008 and its corporate purpose. Including but not limited to:
• Offering incentives and rewards (e.g., discounts).
• Promoting and communicating product, program, and benefit campaign information (both TCW S.A.S. and third parties).
• Fulfilling its corporate purpose.
• Consulting databases for commercial or credit purposes.
• Analyzing consumption habits, purchase transactions, and preferences to offer products/services.
• Contacting data holders for market research.
• Sharing data with partners, affiliates, branches, franchises, subsidiaries, and authorized third parties for value-added services.
DATABASE UPDATES
TCW S.A.S. will permanently update its databases according to Law 1581 of 2012.
PRIVACY NOTICE
TCW S.A.S. has a privacy policy that is an integral part of this manual.
INTERNATIONAL AND NATIONAL TRANSFERS
TCW S.A.S. may transmit or transfer personal and transactional data to third parties, nationally or internationally, for its corporate purposes, with prior authorization from the data subject and under data processing agreements that comply with Colombian laws.
PROCEDURES
Only the data subject, heirs, or representatives with proper identification may exercise the following rights.
PROCEDURE TO EXERCISE RIGHTS
All requests must include the information found at:
thecolorwear.com/tratamiento-de-datos/
PROCEDURE FOR CONSULTATION
TCW S.A.S. will provide the means to allow data subjects to consult how their data is processed, with timelines set in Article 14 of Law 1581 of 2012.
PROCEDURE FOR CORRECTION, UPDATE, OR DELETION
Requests for these actions will follow Article 15 of Law 1581 of 2012. TCW S.A.S. will train its staff to handle these requests properly.
Note: Data deletion requests will not be accepted if there is a legal or contractual obligation to retain the data.
PROCEDURE TO REVOKE AUTHORIZATION
The data subject or representative may revoke consent through the same process mentioned above.
Note: Revocation requests will not be accepted where legal or contractual obligations to retain the data exist.
GUARANTEES OF THE RIGHT TO ACCESS
TCW S.A.S. guarantees free and detailed access to personal data for the data subject through suitable means.
POLICY VALIDITY
This policy takes effect from its publication date and overrides previous conflicting institutional provisions. Anything not covered will follow current Colombian data protection regulations.
DATA PROCESSOR
A person (natural or legal) appointed by TCW S.A.S. to handle specific databases for the purposes for which the data were collected in each THE COLOR WEAR store.
TCW S.A.S. will assign individuals or legal entities under defined profiles and agreements (“Data Sharing Agreement”).
APPLICABLE LAW
Law 1581 of 2012 – “Establishing general provisions for the protection of personal data”
Decree 1377 of 2013 – Partial regulation of Law 1581 of 2012
