PERSONAL DATA PROCESSING POLICY
This Personal Data Processing Policy (hereinafter the “Data Policy”) governs the manner in which SEW EURODRIVE COLOMBIA LTDA, a Colombian company identified with NIT 830.000.687-0, domiciled in the city of Bogotá D.C. (hereinafter “Sew Eurodrive” or the “Company”), collects, gathers, stores, processes, manages, administers, transfers, transmits, or shares the information and data that You (hereinafter the “Data Subject”) provide or may provide in any way to Sew Eurodrive, or that the Company, in any manner and by any means, collects and/or manages regarding the Data Subject.
Please read the following information about our Data Policy, as by accepting to provide us with your Personal Data, you agree that it will be processed in accordance with this policy. Furthermore, when you provide us with your Personal Data, it is understood that you are giving your explicit and voluntary consent and authorization for Sew Eurodrive to process it.
For the purposes of this Data Policy, the term “Personal Data” and any other term not expressly defined in this document shall have the meaning assigned by Law 1581 of 2012 and other applicable regulations in Colombia. In the event that the processing of Personal Data is carried out outside of Colombia, it will be governed by the applicable foreign regulations.
1. Rights and Responsibilities:
The Data Subject, as the owner or holder of the Personal Data or as the individual to whom such information refers, shall have the rights granted by the applicable legislation. In Colombia, Data Subjects shall have the rights established in Law 1581 of 2012, Law 1266 of 2008, and any other regulations that amend, replace, or supplement them, particularly but not limited to Decree 1377 of 2013, including:
1.1. Know, update, rectify, and correct your Personal Data with the Company. This right may be exercised, among other cases, concerning partial, inaccurate, incomplete, misleading information or information whose processing is prohibited or unauthorized.
1.2. Request proof of the consent granted to the Company for the collection and processing of your Personal Data, have access to your Personal Data being processed by the Company, and, in general, be informed by Sew Eurodrive about the processing of your Personal Data.
1.3. Revoke the authorization granted to Sew Eurodrive and/or request the deletion of your Personal Data when you believe that the Company is not respecting constitutional and legal principles, rights, and guarantees.
1.4. Have access to your own Personal Data collected and processed by the Company.
1.5. Object at any time to the processing of your Personal Data.
1.6. Request the limitation of processing when:
(i) The Data Subject disputes the accuracy of the personal data, for a period allowing the responsible party to verify its accuracy.
(ii) The processing is unlawful, and the Data Subject opposes the deletion of personal data and instead requests the restriction of its use.
(iii) The Company no longer needs the personal data for processing purposes, but the Data Subject requires it for the establishment, exercise, or defense of legal claims.
(iv) The Data Subject has objected to the processing of their data.
1.7. If you are not satisfied with how the Company processes your Personal Data or have a complaint or claim, you may send a communication to the email recepcion@sew-eurodrive.com.co.
1.8. If Sew Eurodrive does not address your concerns or does not respond to your complaint, you may contact the Superintendence of Industry and Commerce to submit your inquiries, complaints, or claims if you believe that Sew Eurodrive has violated your habeas data rights or the provisions of Law 1581 of 2012, Decree 1377 of 2013, and other applicable regulations.
The Data Subject may voluntarily decide whether to provide information to Sew Eurodrive and what type of information to provide. Additionally, the Data Subject shall be responsible for the accuracy, authenticity, and timeliness of the Personal Data provided.
Once the Personal Data is provided in the terms and manner described in this Data Policy, the Data Subject expressly authorizes Sew Eurodrive to manage and process such Personal Data.
2. Sensitive Data:
“Sensitive Data” refers to information that affects the privacy of the Data Subject or whose improper use could lead to discrimination. This includes data that reveals racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in unions, social or human rights organizations, or entities that promote the interests of any political party or ensure the rights and guarantees of opposition political parties. It also includes data related to health, sexual life, and biometric data.
The Data Subject is not obligated to provide information related to Sensitive Data.
3. Collection and Use of Data:
The Personal Data that Sew Eurodrive may collect from the Data Subject, or that the Data Subject may provide to Sew Eurodrive, may include their name, age, identification document or citizenship card number, email address, IP address, place of residence, phone number, usernames on Twitter, Facebook, or other social networks, geographical location, nationality, and place of domicile. It may also include employment history, disciplinary, judicial, police, criminal, and tax records, personal and professional references, and any other data required for a recruitment and hiring process, service provision, or offering and selling products. Additionally, it may include credit card information, other payment methods, banking information for processing payments or deposits, occupational health data, social security information, and workplace risk assessments.
If applicable, based on the method of Personal Data collection, the Company may also collect browser and operating system information, Wi-Fi status, and access dates and times to Sew Eurodrive platforms or services.
The Company collects, stores, and uses the Personal Data provided by the Data Subject for purposes such as:
3.1. Contacting the Data Subjects to offer products/services, confirm appointments, provide products/services, request information, etc.
3.2. Contacting the Data Subjects for surveys (e.g., satisfaction surveys).
3.3. Contacting the Data Subjects to address claims, complaints, etc.
3.4. Referring Data Subjects to other service providers for services that Sew Eurodrive does not offer.
3.5. Setting up one or more databases, which may be shared, consulted, transmitted, transferred, or marketed with third parties with whom we have commercial and/or contractual relationships, free of charge or for a fee. These may include credit bureaus and other databases owned or managed by Sew Eurodrive or third parties for offering and promoting products and services by Sew Eurodrive or its partners, third parties, and business allies. These third parties may be located in Colombia or abroad and may also process the Personal Data of Data Subjects. Sew Eurodrive and these third parties are authorized by the Data Subjects for the processing of their Personal Data as described in this section.
3.6. Complying with Colombian or foreign law and judicial and administrative orders.
3.7. Sharing, transferring, or transmitting Personal Data to third parties for processing, with whom the Company has commercial and/or contractual relationships, free of charge or for a fee, in Colombia or abroad.
3.8. Offering promotions and new products/services from Sew Eurodrive, considering the Data Subject’s location and potential interests.
3.9. Sew Eurodrive may hire and employ other companies or individuals to perform tasks on its behalf or for its benefit, sharing the Data Subject’s information with such entities.
3.10. By providing your email address, you expressly authorize the Company to send messages via email and to use this medium for communication. The Company may send any type of information, including commercial content, about Sew Eurodrive or third parties with whom it has commercial, contractual, or operational relationships.
3.11. By providing your mobile phone number, you expressly authorize the Company to send text messages, WhatsApp messages, or any other digital or technological messaging system, including images and/or videos. The Company may send any type of information, including commercial content, about Sew Eurodrive or third parties with whom it has commercial, contractual, or operational relationships.
3.12. The Personal Data and other information provided by the Data Subject may be combined with other data from the Data Subject or third parties obtained from technological platforms, websites, or applications for statistical analysis and metrics to improve the user experience with Sew Eurodrive.
3.13. Personal Data may be shared, transferred, or transmitted to third parties with whom we have commercial and/or contractual relationships, free of charge or for a fee, in Colombia or abroad.
3.14. Validating the information provided by the Data Subject.
3.15. Processing Personal Data in Colombia or abroad, subject to Colombian or foreign law, as applicable.
The Company collects Personal Data through various methods, including in-person interactions, communication channels, phone calls, video recordings, emails, physical or virtual forms, and social media profiles (Facebook, Instagram, Twitter, etc.). Sew Eurodrive may also collect Personal Data during its activities through attendance lists, form submissions, and contractual agreements for suppliers, employees, contractors, clients, and other related parties. Additionally, Personal Data may be requested and updated via phone, either directly or through third parties, to maintain updated databases.
Accordingly, the processing of Personal Data is legitimate based on:
(i) Compliance with contractual and/or commercial relationships.
(ii) Compliance with legal obligations.
(iii) Legitimate interest, for example, to improve services and products through market studies or to handle requests, inquiries, or potential claims.
4. Authorization for Processing
The Company must request prior, express, and informed authorization from the Data Subjects whose Personal Data requires processing.
• Prior authorization means that consent must be granted by the Data Subject no later than at the moment of data collection.
• Express authorization means that the Data Subject’s consent must be explicit and specific; therefore, open-ended and non-specific authorizations are not valid. The Data Subject must clearly express their willingness to allow Sew Eurodrive to process their Personal Data, either in accordance with the law or this Data Policy.
This expression of will from the Data Subject may be provided through various mechanisms made available by the Company, such as:
4.1. In writing, for example, by completing a form, attendance list, contract, agreement, Facebook, Instagram, or Twitter form, or any other virtual form.
4.2. Orally, for example, during a phone conversation, training sessions, talks, or volunteer activities.
4.3. Through unequivocal actions that imply the Data Subject has granted their authorization, such as explicit acceptance of terms and conditions in an activity where Personal Data processing is required.
Under no circumstances will Sew Eurodrive interpret the Data Subject’s silence as an unequivocal action granting authorization.
Regardless of the mechanism used by the Company, the authorization must be stored for future reference. The granted authorization will apply to the processing of Personal Data both in Colombia and abroad.
5. Management and Processing of Information:
The Company may share the Data Subject's Personal Data as described in this Data Policy.
The Company is not obligated to retain a copy of the Data Subject’s personal information, Personal Data, or any other type of data they provide, in any medium or format, except for the explicit, prior, and informed authorization granted by the Data Subject regarding their knowledge and acceptance of this Data Policy. The Data Subject is responsible for keeping the original version of the personal information and Personal Data they provide.
At times, we require goods and services from third parties (individuals or legal entities) to carry out our operations. In some cases, we may need to share the Data Subject’s Personal Data with them to ensure the correct provision of goods and services. However, these third parties are not permitted to use the shared information beyond what is necessary to assist us, and they must provide a comparable level of protection for the Personal Data.
If Sew Eurodrive, its operations, or assets are transferred or acquired by a third party, or in the hypothetical case that the Company ceases operations, the Data Subject's Personal Data will be among the assets transferred to or acquired by that third party.
Personal Data will be disclosed if we in good faith believe that such disclosure is necessary to comply with the law—including laws outside the Data Subject’s country of residence—or to enforce our terms of use and other agreements. This is to protect the rights of Sew Eurodrive, its employees, users, or others. This includes sharing information with other companies and organizations, even outside the Data Subject’s country of residence, to prevent fraud and reduce credit risk.
By accepting this Data Policy, the Data Subject explicitly, consciously, and informedly authorizes that the data and personal information provided to the Company may be transferred and transmitted (as legally defined), either free of charge or for a fee, to other data controllers, processors, sources, and/or database users to facilitate any type of legal transaction involving that information and/or to report such data to credit bureaus.
6. Databases
The Company, acting as the Controller and/or Processor of Personal Data, collects, stores, uses, circulates, and deletes Personal Data of individuals with whom it has or has had a relationship—such as, but not limited to, employees and their families, suppliers, and customers—for the proper development of its corporate purpose and to strengthen its relationships with third parties.
In addition to the purposes mentioned above, Sew Eurodrive processes Personal Data for all or some of the following purposes:
6.1. Employee Databases:
Sew Eurodrive collects Personal Data of potential candidates, current employees, their family members, and employees and family members of third parties when acting as the Processor of such data. This data facilitates, among other things, the recruitment, hiring, promotion processes, and the fulfillment of contractual obligations, for the following purposes:
a) Establishing communication channels with the Data Subjects.
b) Conducting recruitment, promotion, payroll, performance evaluation, employee training, workplace safety, and environmental programs.
c) Fulfilling obligations arising from employment contracts, either directly or through third parties.
d) Complying with obligations related to Sew Eurodrive’s corporate purpose or the Controller of the database, when Sew Eurodrive acts as a Processor, both nationally and internationally.
e) Implementing employee training and development programs.
f) Conducting employee performance evaluations.
g) Implementing security measures for Sew Eurodrive’s facilities.
h) Providing security and/or evidence to judicial or administrative authorities, particularly for data obtained via recordings or provided to security personnel upon entry to Sew Eurodrive’s facilities.
i) Complying with tax obligations, including submitting information to tax authorities.
j) Transmitting or transferring Personal Data to different Sew Eurodrive departments, contractors, shareholders, subsidiaries, and affiliates, for commercial, financial, administrative, and operational purposes, including Sensitive Data, in accordance with this Data Policy. This includes reporting to regulatory authorities and other necessary uses for operational purposes.
6.2. Supplier Databases:
Sew Eurodrive collects Personal Data from:
(i) Suppliers,
(ii) Potential suppliers,
(iii) Supplier employees or contacts,
(iv) Employees or contacts of potential suppliers, both internal and third-party, when acting as a Processor of such data.
This facilitates, among other things, contracting processes and the execution and verification of contractual obligations, with the following purposes:
a) Establishing communication channels with the Data Subjects.
b) Assessing the quality of received products and services.
c) Fulfilling obligations related to Sew Eurodrive’s corporate purpose or the Controller of the database, when the Company acts as a Processor.
d) Implementing security measures in the facilities under Sew Eurodrive’s responsibility.
e) Analyzing contractual relationships for establishment and/or maintenance.
f) Assessing risks related to current contractual relationships.
g) Conducting market studies, commercial research, or statistical analysis.
h) Providing security and/or evidence to judicial or administrative authorities, particularly for data obtained via recordings or provided to security personnel upon entry to Sew Eurodrive’s facilities.
i) Complying with tax obligations, including submitting information to tax authorities.
j) Transmitting or transferring Personal Data to different Sew Eurodrive departments, contractors, shareholders, subsidiaries, and affiliates, for commercial, financial, administrative, and operational purposes, including Sensitive Data, in accordance with this Data Policy. This includes reporting to regulatory authorities and other necessary uses for operational purposes.
6.3. Customer Databases:
Sew Eurodrive collects Personal Data from current, past, and potential customers, as well as some customer contacts, both internal and third-party, when acting as a Processor of such data, with the following purposes:
a) Establishing communication channels with the Data Subjects.
b) Assessing the quality of provided services.
c) Fulfilling obligations related to Sew Eurodrive’s corporate purpose or the Controller of the database, when Sew Eurodrive acts as a Processor.
d) Inviting customers to training and development programs.
e) Providing security and/or evidence to judicial or administrative authorities, particularly for data obtained via recordings or provided to security personnel upon entry to Sew Eurodrive’s facilities.
f) Complying with tax obligations, including submitting information to tax authorities.
g) Transmitting or transferring Personal Data to different Sew Eurodrive departments, contractors, shareholders, subsidiaries, and affiliates, for commercial, financial, administrative, and operational purposes, including Sensitive Data, in accordance with this Data Policy. This includes reporting to regulatory authorities and other necessary uses for operational purposes.
7. Transfer and/or Transmission of Personal Data to Other Countries
The Data Subject expressly authorizes Sew Eurodrive to transfer and/or transmit Personal Data and any other type of personal information to third parties located in other countries. By accepting this Data Policy, the Data Subject explicitly, priorly, consciously, and knowingly authorizes the transfer of personal information outside their country of origin, which may involve different data protection regulations than those of the Data Subject’s home country.
The transfer and/or transmission of data will be carried out exclusively to fulfill the purposes for which the Personal Data was collected and processed.
8. Personal Information the Data Subject Can Access
Sew Eurodrive allows the Data Subject to access the information stored about them in the company's databases. This access enables the Data Subject to consult, view, update, correct, and even rectify their personal information (or any other type of information) to ensure it is accurate and complete.
9. Retention and Deletion of Personal Information
The Data Subject is free to revoke at any time the authorization expressly granted to Sew Eurodrive and third parties under the terms described in this Data Policy. To this end, the Data Subject may modify their personal information at any time.
Sew Eurodrive also reserves the right to delete, in whole or in part, any information or Personal Data it holds about the Data Subject at any time, without requiring explicit authorization. However, we retain and store Personal Data for as long as necessary to fulfill the purposes for which it was collected, unless otherwise required by law.
10. Changes to the Data Policy
Sew Eurodrive may modify this Data Policy from time to time. The use and processing of Personal Data will be governed by the Policy in effect at the time of use and processing.
If we make material changes to how we use Personal Data, we will notify the Data Subject by posting a notice on our website or sending an email. Such notification will occur before or at the time of the implementation of the new policies.
11. Procedure for Inquiries and Complaints
In accordance with Articles 14 and 15 of Law 1581 of 2012, and in order to ensure the exercise of this right, any inquiries and/or complaints that the Data Subject wishes to submit to Sew Eurodrive will follow the procedure outlined below:
11.1. Inquiries
The Data Subject or their legal successors may consult the Personal Data stored in the Company’s databases or processed by Sew Eurodrive. If necessary, the inquiry must be submitted in writing to the email address: recepcion@sew-eurodrive.com.co.
The inquiry will be addressed within a maximum term of ten (10) business days from the date of receipt. If it is not possible to respond within this period, the interested party will be informed of the reasons for the delay and the date when the inquiry will be addressed, which may not exceed five (5) additional business days after the expiration of the initial term.
11.2. Complaints
The Data Subject or their legal successors who consider that the Personal Data should be corrected, updated, or deleted—whether due to a suspected failure to comply with applicable laws or to revoke the authorization granted through this document—may file a complaint with Sew Eurodrive, under the following rules:
1. The complaint must be submitted in writing to the email address: recepcion@sew-eurodrive.com.co, including:
o Identification of the Data Subject
o A description of the facts leading to the complaint
o A contact address
o Supporting documents, if applicable
2. If the complaint is incomplete, the Data Subject will be asked within five (5) business days of receipt to correct the deficiencies. If two (2) months pass without the requested information being provided, the complaint will be considered withdrawn.
3. If the recipient of the complaint is not competent to resolve it, they will transfer it to the appropriate authority within two (2) business days and inform the complainant.
4. Once the complete complaint is received:
o A "complaint in progress" notice, along with the reason for the complaint, will be placed where the data is stored within two (2) business days.
o This notice must remain until the complaint is resolved.
5. The maximum time to resolve the complaint is fifteen (15) business days from the day after its receipt. If it is not possible to resolve within this timeframe, the complainant will be informed of the reasons for the delay and the new resolution date, which may not exceed five (5) additional business days after the original deadline.
6. The Data Subject or their legal successors may only file a complaint with the Superintendence of Industry and Commerce after exhausting the inquiry or complaint process before the Data Controller or Data Processor.
12. Designated Person or Area
If the Data Subject has questions or concerns regarding privacy while using the services or wishes to contact the Company's Customer Service Department regarding the collection, management, administration, and processing of Personal Data, they may reach out:
(i) via email at recepcion@sew-eurodrive.com.co,
(ii) in person at Avenida Calle 17 # 132 – 18, Bodega 6, Manzana B, Bogotá D.C., or
(iii) by phone at (601) 5475050 ext. 101.
13. Intellectual Property
The forms, formats, logos, distinctive signs, Sew Eurodrive's websites, and their content, as well as contracts, documents, and similar materials made available to the Data Subject, are Company property and are protected by intellectual property laws. These materials may not be exploited, reproduced, distributed, modified, publicly communicated, transferred, or transformed. Access to such materials does not grant users any rights or ownership over the Company's intellectual property rights.
14. Processing of Personal Data of Minors
The Personal Data of minors is subject to special protection, and its processing is prohibited, except when it concerns publicly available data, as established in Article 7 of Law 1581 of 2012, and when the processing meets the following requirements:
14.1. It must uphold and respect the best interests of children and adolescents.
14.2. It must ensure respect for their fundamental rights.
If the above requirements are met, the legal representative of the child or adolescent must provide authorization, after allowing the minor to exercise their right to be heard. The minor’s opinion will be evaluated based on their maturity, autonomy, and ability to understand the matter.
All responsible parties and data processors involved in the processing of minors' Personal Data must ensure its proper use. To this end, the principles and obligations established in Law 1581 of 2012 and its regulatory decree must be applied.
15. Effective Date and Validity Period
This Data Policy takes effect on March 27, 2025, and will remain in force until explicitly modified by Sew Eurodrive.
The Company’s Databases, in which Data Subjects' information is stored, will remain active from the date of their creation until they fulfill the purpose for which they were created.