{"id":1577,"date":"2022-10-14T09:45:02","date_gmt":"2022-10-14T14:45:02","guid":{"rendered":"https:\/\/kutai.co\/?page_id=1577"},"modified":"2024-02-10T01:30:37","modified_gmt":"2024-02-10T06:30:37","slug":"politica-de-privacidad","status":"publish","type":"page","link":"https:\/\/kutai.co\/en\/politica-de-privacidad\/","title":{"rendered":"Pol\u00edtica de Privacidad."},"content":{"rendered":"
Actualizado el: 03\/May\/2023<\/strong><\/p>\n\n KUTAI INC is a company whose business is to identify how people eat and the impact that food has on them using a website, a mobile application, a Nutritional Monitor and an artificial intelligence platform for food recognition.\u00a0<\/span><\/p>\n KUTAI INC, in order to comply with the Personal Data protection regulations, as established in Law 1581 of 2012, Decree 1074 of 2015 and other provisions that modify, add or complement them, issues this PERSONAL DATA PROTECTION AND PROCESSING POLICY (hereinafter \"Processing Policy\") to take care of the information provided by the Owners who have a relationship with KUTAI INC such as partners, suppliers, customers, employees, collaborators and any other natural person who KUTAI INC, obtains, collects, processes or treats personal data, whether such treatment is carried out by KUTAI INC or by third parties, suppliers, customers, clients, employees, collaborators and any other natural person from whom KUTAI INC obtains, collects, processes or treats personal data, whether such treatment is carried out by KUTAI INC or by third parties on behalf of KUTAI INC.\u00a0<\/span><\/p>\n The Treatment Policy aims to protect the constitutional right of Habeas Data that all persons have to know, update, and rectify the information that has been collected and stored in the various databases of KUTAI INC, and by virtue of compliance with that right only collects and treats Personal Data, when previously authorized by the Holder. It explains the policy to protect the Personal Data of the Owners, the purposes of information processing, the area responsible for handling complaints and claims, and the procedures to know, update, rectify and delete information and the respective channels for them to exercise them.\u00a0<\/span><\/p>\n Definitions\u00a0<\/strong><\/p>\n Authorization:<\/strong> Prior, express and informed consent of the Data Subject to carry out the processing of personal data.\u00a0<\/span><\/p>\n Privacy Notice<\/strong> A communication addressed to the personal data owners informing them of the existence of the applicable personal data processing policies, how to access them, and the purpose for which their personal data will be used.\u00a0<\/span><\/p>\n Personal database<\/strong> Organized set of personal data that are subject to processing by a natural or legal person.\u00a0<\/span><\/p>\n Custodian of the databases<\/strong> Natural person, within the company, who is the custodian of the personal databases.\u00a0<\/span><\/p>\n Personal data:<\/strong> Any information concerning or linked to determined or determinable natural persons.\u00a0<\/span><\/p>\n Private data<\/strong> It is personal data that, due to its intimate or confidential nature, is relevant to the Data Subject. Public data<\/strong> It is personal data classified as such according to the Constitution and the law, and which has not been classified as private or semi-private personal data.\u00a0<\/span><\/p>\n Semi private data<\/strong> It is personal data known and of interest both for the owner and for a certain sector of people or for society in general, so it is not of an intimate, reserved or public nature.\u00a0<\/span><\/p>\n Sensitive data<\/strong> It is personal data that affects the privacy of the Data Subject and whose incorrect use could generate discrimination. Among others, health data, sexual orientation data, racial and ethnic origin, political opinions, religious, philosophical or moral convictions are considered sensitive data. Data Processor: Natural or legal person, who by himself or in association with others, carries out the processing of personal data on behalf of the data controller.\u00a0<\/span><\/p>\n Ways to collect personal data: KUTAI INC may know, collect, store, manage the information of the owner of the information in accordance with the data use policy contained in this document through the following means: (i) Registration and use of the KUTAI mobile application; (ii) Registration and use of the KUTAI website; (iii) use of the Kutai Nutritional Monitor; (iv) subscription of any type of contract, alliance and\/or agreement with KUTAI INC; (v) Registration as a supplier of KUTAI INC; (vi) Registration as a supplier of KUTAI INC.<\/span><\/p>\n Habeas data:<\/strong> It is the right of the Holder of personal data to demand from the administrators of such data the access, inclusion, exclusion, correction, addition, updating and rectification of the data, as well as the limitation in its disclosure, publication or transfer.\u00a0<\/span><\/p>\n Data Controller<\/strong> Natural or legal person of a public or private nature that by itself or in association with another or others decides on the processing of personal data.\u00a0<\/span><\/p>\n Personal Data Subject:<\/strong> Natural person whose data is processed. In the context of this personal data processing policy, the data subjects may be: (i) Users\/Subscribers of the platform; (ii) Contractors; (iii) suppliers; (iv) all those persons not related to KUTAI INC whose personal data is processed.\u00a0<\/span><\/p>\n Transfer:<\/strong> The Transfer of Personal Data takes place when the Controller and\/or Processor of Personal Data sends the information or personal data to a recipient, which in turn is responsible for the processing and is located inside or outside the country.\u00a0<\/span><\/p>\n Transmission:<\/strong> Processing of Personal Data that involves the communication to a third party of the same, within or outside the territory of the Republic of Colombia, when such communication has as its purpose the performance of a Processing by the Processor on behalf of and for the account of the Controller, in order to fulfill the purposes of the latter.\u00a0<\/span><\/p>\n Processing:<\/strong> Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.\u00a0<\/span><\/p>\n Violation of personal data:<\/strong> This is the crime typified in article 269 of the Penal Code. Which states: \"Whoever, without being authorized to do so, for his own benefit or that of a third party, obtains, compiles, subtracts, offers, sells, exchanges, sends, buys, intercepts, discloses, modifies or uses personal codes, personal data contained in files, archives, databases or similar means, shall incur a prison sentence of forty-eight (48) to ninety-six (96) months and a fine of 100 to 1000 legal monthly minimum wages in force.\"\u00a0<\/span><\/p>\n Principles for data processing\u00a0<\/span><\/p>\n According to the provisions of Title II of the Statutory Law 1581 of 2012, the protection of personal data shall be governed by the harmonious and comprehensive application of the following principles:\u00a0<\/span><\/p>\n Restricted access and circulation:<\/strong> The treatment is subject to the limits derived from the nature of the personal data, the provisions of the Statutory Law 1581 of 2012 and the Constitution. In this sense, the treatment may only be made by persons authorized by the Holder and\/or by the persons provided for in the aforementioned law.\u00a0<\/span><\/p>\n Confidentiality:<\/strong> All persons involved in the processing of personal data that are not of a public nature are obliged to guarantee the confidentiality of the information, even after the end of their relationship with any of the tasks involved in the processing, and may only provide or communicate personal data when it corresponds to the development of the activities authorized in the Statutory Law 1581 of 2012 and under the terms of the same.\u00a0<\/span><\/p>\n Purpose:<\/strong> The processing of personal data must obey a legitimate purpose in accordance with the Constitution and the law, which must be informed to the Data Subject.\u00a0<\/span><\/p>\n Legality in the processing of personal data:<\/strong> The processing of personal data referred to in Statutory Law 1581 of 2012 is a regulated activity that must be subject to the provisions set forth therein and in the other provisions that develop it.\u00a0<\/span><\/p>\n Freedom:<\/strong> The processing of personal data can only be exercised with the prior, express and informed consent of the Data Subject. Personal data may not be obtained or disclosed without prior authorization, or in the absence of legal or judicial mandate that relieves the consent.\u00a0<\/span><\/p>\n Security:<\/strong> The information subject to processing by the Data Controller or Data Processor referred to in the Statutory Law 1581 of 2012, shall be handled with the technical, human and administrative measures necessary to provide security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.\u00a0<\/span><\/p>\n Truthfulness or quality:<\/strong> The information subject to processing must be truthful, complete, accurate, updated, verifiable and understandable. The processing of partial, incomplete, fractioned or misleading data is prohibited.\u00a0<\/span><\/p>\n Transparency:<\/strong> In the processing of personal data, the right of the Data Subject to obtain from the Controller or Processor, at any time and without restrictions, information about the existence of data concerning him\/her, must be guaranteed.\u00a0<\/span><\/p>\n Rights of owners\u00a0<\/span><\/p>\n In compliance with the fundamental guarantees of the Constitution and the law, and without prejudice to the provisions of the other rules governing the matter, the Owners of the personal data may exercise the following rights:\u00a0<\/span><\/p>\n How to collect data\u00a0<\/span><\/p>\n Form of collection of personal data of Users\/Subscribers\u00a0<\/span><\/p>\n The collection of personal data from potential users and users of KUTAI INC, will be carried out in the following ways:\u00a0<\/span><\/p>\n How to collect data from workers or candidates\u00a0<\/span><\/p>\n The collection of personal data of employees will be carried out in the following ways:\u00a0<\/span><\/p>\n Supplier Collection Form\u00a0<\/span><\/p>\n The collection of personal data from suppliers will be done in the following ways: - Through service offers. <\/span><\/p>\n Form of membership collection\u00a0<\/span><\/p>\n The collection of personal data from members will be carried out in the following ways: - Through the subscription of shares. <\/span><\/p>\n Purposes of the processing of personal data\u00a0<\/span><\/p>\n The Personal Data collected by KUTAI INC, are included in a Database to which the authorized personnel of KUTAI INC has access in the exercise of their functions, warning that in no case is authorized the Treatment of the information for purposes other than those described herein, and that they are communicated to the Holder directly at the time of collection at the latest.\u00a0<\/span><\/p>\n Purpose of processing the personal data of Users \/ Subscribers\u00a0<\/span><\/p>\n The main purpose of the collection, storage, use and\/or circulation of personal data of KUTAI INC users is to provide the services offered and\/or contracted in an adequate manner and with excellent quality. Therefore, the purposes of collection and processing of Personal Data of Users and Subscribers of KUTAI INC will be the following: Ordering, cataloging, classifying, dividing or separating and storing the personal data within the systems and files of KUTAI INC.\u00a0<\/span><\/p>\n Purpose of the processing of employee and candidate data\u00a0<\/span><\/p>\n Before starting the employment relationship, KUTAI INC will inform the candidates in the selection processes the purposes of the treatment that will be given to the personal data they provide in such process, and will be responsible for requesting the corresponding authorization for its treatment, which will be limited to:\u00a0<\/span><\/p>\n The collection and processing of personal data of employees will be done in order to develop the activities agreed between KUTAI INC and its employees, as well as to carry out the following activities:\u00a0<\/span><\/p>\n\n
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