Terms and conditions
PRIVACY AND DATA PROTECTION POLICY
Prior to presenting our personal data processing policy, it is necessary to understand what personal data is, as well as the definition of other criteria, and to identify the person responsible for their processing as follows:
In order for the terms used herein to be within the scope of those who know or read this policy, or those for whom this data information policy is applicable, the definitions below will be used:
– “Clients” means a natural or legal person legally bound to Tvains or its affiliates in the ordinary course of business.
– “Provider” means a natural or legal person commercially bound to Tvains or its affiliates to provide goods or services, with whom a contractual relationship is held.
– “Employee” means a natural person bound to Tvains or its affiliates by means of an employment relationship..
– “Ex-employee” means a natural person whose employment relationship with Tvains or its affiliates has been terminated.
– “Visitor” means a natural or legal person who personally visits any of the facilities of Tvains or its affiliates.
– “Authorization” means prior, express, and informed consent given by the Holder to conduct personal data processing.
– “Database” means an organized set of personal data subject to Processing.
– “Personal Data” means any information which is or can be associated with one or several certain or ascertainable natural persons.
– “Person in Charge of Processing” means a natural or legal person, either public or private, who processes personal data by themselves or in association with others on behalf of the Person Responsible for Processing.
– “Person Responsible for Processing” means a natural or legal person, either public or private, who makes decisions on the database and/or data Processing by themselves or in association with others.
– “Holder” means a natural person whose personal data is subject to Processing.
– “Processing” means any operation or set of operations on personal data, such as collection, storage, use, circulation, or deletion.
● Governing Principles of the Data Policy
The principles applied by Tvains and its affiliates for the process of collection, use, and processing of Holders’ personal data are:
– Principle of Legality: The Processing performed by Tvains on personal data in terms of collection, storage, use, circulation, and deletion of information shall be governed by the current law and the regulations referenced herein.
– Principle of Free Will: Processing may only be exercised prior express and informed consent by the Holder. Personal data may not be obtained or disclosed without prior authorization, in the absence of legal or judicial mandate that relieves disclosure willingness.
– Principle of Truthfulness: Information subject to Processing will be truthful, complete, accurate, updated, demonstrable, and understandable. Processing of partial, incomplete, fractioned, or error-inducing data is prohibited.
– Principle of Transparency: Tvains guarantees the Holder their right to obtain information about their data existence at any time and with no restriction.
– Principle of Security: Information subject to Processing will be handled with the technical and administrative measures needed to protect records, avoiding their falsification, loss, consultation, use, or unauthorized access. Therefore, Tvains will apply the security measures needed to protect the Holders’ personal information in compliance with applicable regulations on personal data protection.
– Principle of Confidentiality: All the persons who take part in personal data Processing at Tvains are required to guarantee non-disclosure of information even upon termination of their employment or business relationship.
– Principle of Need Personal data may only be processed during the time and to the reasonable extent of its purpose for Processing.
● What is personal data:
Tvains understands personal information as any personally identifying information linked or which can be linked to one or more natural persons, including, but not limited to name, last name, contact information, localization data, personal data, location data, and translation services acquisition history.
● Who is the person responsible for Processing:
Please be informed that Tvains is directly responsible for processing your personal information whether said information is provided directly by you or by a third party since the time you request any of our services directly or through a third party who will also be responsible for processing your personal information. Tvains’ contact information is presented below:
Name: Tvains International S.A.S.
ID: TIN 900.439.875 8
Address: Carrera 5 No. 11D 221 sur KM 7 Cajicá, Cundinamarca – San Roque Distrito Local, office 210.
Tel.: 601 883 7151
Cell phone: + 57 317 415 7142 – 315 332 9503
E-mail address: email@example.com
1. Policy purpose.
2. Scope and Coverage.
– Acquire any of our services by means of our account executives or our operation and project execution department.
– Search or request a quote for any of our services on our websites, mobile apps, and/or telephone support as a potential Client, supplier, employee, and/or User.
– Sign up, complete, participate and/or are part of the contests, promotions, and/or associations offered by Tvains.
– Complete and/or sign the authorization forms defined by Tvains at customer support points in order to collect the Holder’s consent for personal data use due to the services contracted.
– Click on or reply to our e-mail communications.
– Send personal information needed to answer your inquiries and/or claims using any of the channels available and/or when you use any channels and self-management forms developed by Tvains.
– Use our corporate WhatsApp channel to manage your translation services, to get support to manage your ongoing projects, to find assistance for irregularities in the services provided by Tvains, and/or to solve your questions.
– Sign up and accept to receive newsletters from Tvains.
– Provide and/or send Tvains documents such as contracts, non-disclosure agreements, CVs, approvals for service quotes, complaints, claims, satisfaction surveys, you authorize Tvains to Process general and sensitive personal information contained in said documents.
4. Purpose of the Personal Data Processing Policy:
Tvains processes your personal data mainly to:
– Perform, process, confirm, fulfill, and provide translation services under the translation services contract.
– Manage and administer all the aspects directly or indirectly related to the services provided by Tvains.
– Manage and administer accounting records and mailing.
– Contact you using the personal data you provided to Tvains to keep you informed about each of the services provided by Tvains, as well as the progress and delivery of the services requested and/or contracted by you, in addition to the rest of operational communications associated to the service contracted, regardless of the channel through which you have contracted and/or acquired the service and using the most expedite means possible.
– Share, in compliance with our legal obligations, your personal information with national and international administrative control and surveillance authorities, as well as the rest of government entities regulating our activity for the detection, prevention, apprehension, or prosecution of fraud, or prosecution of terrorism, money laundering, drug trafficking, or other practices.
– Manage and administer legal procedures under an official or regulatory requirement by control and surveillance authorities in defense of security, rights, and/or property of the Holders and Tvains, its digital channels and/or its facilities or when Tvains, in good faith, considers that providing personal information contributes to the security of the Organization.
– Manage and administer legal procedures under an official or regulatory requirement by the control and surveillance authorities in defense of security, the rights and/or property of the information Holders and of Tvains, its digital channels and/or its facilities.
– Manage and administer, when you consent so, the delivery of newsletters and news via e-mail, SMS, web, and other types of advertisement with promotional and/or commercial information about the services offered by Tvains. Tvains may personalize your experience based on your needs as a client, supplier, employee, and User. In any case, Tvains informs you that you have the right to oppose and/or unsubscribe for this purpose at any time by sending an e-mail to the official channel firstname.lastname@example.org. While Tvains will do everything in its reach to process your requests to unsubscribe from commercial communications no later than ten (10) working days following request reception, you may receive some commercial communications while the process finishes.
– Manage and handle complaints, inquiries, claims, requests, and/or suggestions that you submit to Tvains regarding the use and/or processing of your personal data using the official channel established for this purpose: email@example.com.
– Manage and administer the WhatsApp channel authorized to give preferential attention to our clients.
– Consult and update your personal information to execute operational, analytical, statistical, and assessment activities according to your interaction and satisfaction levels with the quality of the services offered in line with your preferences or needs via messages and/or satisfaction surveys.
– When deemed necessary for the provision of the service, share your personal information to promote loyalty programs, technological infrastructure suppliers, among others.
– Allow auditors and/or third parties contracted by Tvains to access your personal information in order to perform regulated and/or proprietary internal and/or external audit processes of the business activity developed by Tvains. Only when necessary and due to the service contracted, Tvains may share your personal information with financial entities to process payments, collections, compensations, indemnities, and/or reimbursements.
– Allow insurance companies and/or external consultants contracted by Tvains to access your personal information in order to perform the services provided.
– Manage the storage and/or processing of your personal information under security, confidentiality, integrity, and availability standards of the industry and in compliance with the regulations, standards, and good practice that allow Tvains to guarantee an appropriate level of information security. Tvains may contract external third parties to process and/or store technological services.
– Manage personal information provided by you when using remote channels. Based on Tvains legitimate business interest, Tvains may record and monitor calls and interactions through these channels to measure service quality, as well as to trace and monitor your requests.
– Transmit and/or transfer your personal data to Tvains, its affiliates and other suppliers in the context of the provision of the service contracted and in compliance with our legitimate business interest. We inform you that some Tvains’ affiliates may be based in countries or territories different from the country where your personal data was initially collected. Therefore, Tvains will work to ensure compliance with the security and confidentiality standards determined herein.
– Manage the assignment of personal information in case of a change in control of one or more Tvains’ affiliates, some of Tvains business units and/or merger liquidators, acquisition, bankruptcy, demerger, and/or creation of a new Company and/or entity. Should there be a change in the Person Responsible for Processing as a consequence of the change in control, this will be informed to you so that you can exercise your rights in accordance with the applicable law. The conditions under which Holders will be able to exercise their rights will be indicated at the time of informing the change in control.
– Conduct market research, statistics, satisfaction surveys, and/or analytical purposes in view of optimizing our services.
5. Personal data processed by Tvains:
The personal data indicated below may be collected according to the purpose of this policy and the nature of the services provided by Tvains:
– General identification data: Name, last names, date of birth, ID number, sex, marital status, signature, emergency contacts, etc.
– Location data: Postal address, address, e-mail address, nationality, country of residence and hometown, cellphone and/or telephone number, geographic location data, company and/or position.
– Socioeconomic content data: Banking information, cardholder personal data, payment information. For reimbursement processes, information such as savings account number, transaction date, and transaction authorization code will be collected. Under no circumstance are you required to authorize the Processing of sensitive personal data and/or special data categories. Notwithstanding the foregoing and in accordance with the legal exceptions applicable, Tvains will be able to process your sensitive personal information when you have granted your consent and/or authorization.
– Other types of data: Special needs, complaint, inquiry and/or claim history, service satisfaction level and activities related to the services provided by Tvains and its affiliates.
6. Validity of the personal data processing policy:
Your personal information will be kept by Tvains during the time needed to comply with the purposes established in this document according to the provision of the service and in compliance with the applicable regulations. Hence, your personal information might be stored for up to ten (10) years following the last processing date. This will be done so to allow Tvains and its affiliates to comply with their legal and/or contractual obligations on business, accounting, taxation, administrative, tributary, and/or other applicable matters. Your personal information will be kept for the time needed to comply with the applicable dispositions on the matter to handle claims and legal defense, complaints, grievances, and/or inquiries, which force Tvains to conduct certain data processing in compliance with the procedures and requirements before the authorities and control and surveillance entities from any jurisdiction where Tvains operates.
7. Truthfulness of information:
As the information Holder, you are obliged to provide Tvains and its affiliates your updated, truthful, complete, accurate, and correct personal data since the appropriate provision of the services contracted depends on the quality of the information provided. Tvains will presume that the information provided is truthful and will not assume any obligation to verify the identity, truthfulness, validity, sufficiency, and authenticity of the data and/or documents provided to Tvains by each of the Holders. Therefore, Tvains will not assume any responsibility for damages of any nature whose origin may lay on the lack of truthfulness, validity, sufficiency, or authenticity of personal information, including damages that may stem from homonymy and/or identity theft.
– Browser type and operating system you use
– Any websites you have visited
– Your IP address
– Your browsing time
– Your device language
– Links accessed
– Any site you visited before entering any of our digital channels
You can enable and delete these cookies and other similar technologies whenever you want to. For this purpose, you may consult or request help of the Internet browser you use.
9. How does Tvains protect your personal data?
Protection, security, and confidentiality of the Holders’ personal information and data is essential for Tvains and its affiliates. Tvains has policies, procedures, and security standards that may change at any time at Tvains’ discretion and whose purpose is to protect and preserve the integrity, confidentiality, and availability of personal information regardless of the means and/or format where it is stored or located, temporarily or permanently, as well as the way in which it is transmitted.
In this regard, Tvains relies on technological security tools and implements security practices recognized in the industry, including but not limited to: Information transmission and storage using safe mechanisms such as encryption, assurance of technological components, access to information restricted to authorized personnel only, information backup, safe software development practices, firewalls, anti-virus, IPS, etc.
As the information Holder, you have an important role in the protection of personal information. Due to this, Tvains reminds you that your obligations as the Holder include not sharing any of your personal data with persons unauthorized to access it, and maintaining an appropriate security level in your electronic devices to prevent that the information stored there is consulted, modified, and/or extracted by unauthorized persons. Tvains does not assume any responsibility regarding changes in the security levels indicated by the owner of its electronic devices.
10. Information Holder Rights:
As the information Holder, you have rights regarding the Processing of your personal information in accordance with the applicable law. These rights are indicated below:
– Know, update, and rectify your personal information before the entity Responsible for Processing or the Person in Charge of Processing.
– Request proof of authorization granted to the Person Responsible for Processing, unless expressly exempted in compliance with the provisions of the applicable Law.
– Be transparently informed by the Person Responsible for Processing or the Person in Charge of Processing, prior request, regarding the use of the personal information and data.
– Submit complaints before the competent Authorities due to infringements to the applicable personal data protection regime.
– Access your personal information and data subject to Processing, prior request to Tvains, under the terms established by the current and applicable regulations.
For inquiries with periodicity greater than one per calendar month, Tvains and its affiliates may charge the Holder requesting said information the delivery and reproduction costs.
As the information Holder or their representative, you may inquire whether Tvains processes your/their personal information, the Processing purposes, the recipients, the type of proprietary personal information held in the databases of the Organization, the retention time of your/their personal information, etc. The Holder’s right to inquiry should have no negative impact on the rights and freedoms of other information holders. Thus, this right should be exercised using the channel authorized by Tvains for such a purpose.
As the information Holder or their representative, you may submit claims before the Person Responsible for Processing and/or the Person in Charge of Processing information when you consider that your/their personal information should be subject to correction, rectification, update, deletion, and/or when you/they notice presumed non-compliance with the personal information Processing obligations established in the applicable law. The right to claim should not have a negative impact on the rights and freedoms of other information holders. Thus, this right should be exercised using the channel authorized by Tvains for such a purpose. In any case, as the information Holder or their representative, you have the right to submit claims for personal data protection before the corresponding local Authority following the requirements of procedures provided by the applicable law in the country where Processing is performed. As a requirement of procedure, some laws request resorting to the Person Responsible for Processing and/or the Person in Charge of Processing at first instance.
Tvains may not be able to respond all your requests or total or partial access to information in the events below:
– When the requester is not the Holder or their authorized legal representative.
– When Tvains’ database does not contain the information and personal data of the requester.
– When there is a legal impediment or resolution issued by any authority to reject these petitions.
– When the rectification, cancellation, or opposition has been previously made, so that the request is no longer needed.
13. Response terms:
The general terms indicated below be taken as a reference to process your requests, inquiries/or claims regarding protection of your personal information. Please consider that response terms may vary depending on exceptional regional situations according to the local applicable regulations. Notwithstanding the application of the general procedure established in this Policy and depending on the country where your personal data is collected, Tvains has identified that some territories where processing is conducted have local laws providing specific stipulations regarding response terms, consequently, this section should be read along with the annexes established in accordance with the relevant and applicable territory(ies) and/or region(s).
– Inquiries: Inquiries will be responded no later than ten (10) working days following the receipt date. If it is not possible to respond the inquiry within this term, the delay reasons will be informed by Tvains indicating the inquiry response date, which under no circumstance may exceed five (5) working days following expiration of the first term.
– Claims: Claims will be responded no later than fifteen (15) working days following the receipt date, when duly supported. If it is not possible to respond the claim within this term, the delay reasons will be informed by Tvains indicating the claim response date, which under no circumstance may exceed eight (8) working days following expiration of the first term.
If the claim is incomplete, the Holder will be required to remedy the flaws within five (5) days following the receipt date of claim. If the information required is not submitted by the concerned party after two (2) months following the requirement date, the claim will be considered a waiver. Information deletion request and revocation of authorization or request for limitation of use and disclosure of personal data will not proceed when the Holder has a legal or contractual duty to remain in the databases under the terms provided by the applicable law.
Finally, while Tvains does everything in its reach to process requests to unsubscribe from commercial communications within 15 working days since petition reception, you may receive commercial communication during this period.
14. How can you contact Tvains?
To enforce your rights, Tvains has defined the e-mail address firstname.lastname@example.org as the official communication channel.
These amendments shall be made available to the public by means of Tvains’ main channels.
In accordance with the provisions of Article 19 of Decree 1377/2013, Tvains is committed to adopting the instructions given by the Superintendence of Industry and Commerce for this purpose. Nonetheless, hereby states the possession of information security policies and a technological infrastructure that reasonably protects any personal information collected limiting third party access wherever possible. However, Tvains will make efforts to improve the security standards that protect the personal information collected.
17. Validity of Legal Information