Policies

In compliance with the provisions of Statutory Law 1581 of 2012 and its Regulatory Decree 1377 of 2013, Hotel el Virrey Central, adopts this policy for the processing of personal data, which will be informed to all owners of the data collected or that in the future are obtained in the exercise of academic, cultural, commercial or work activities. The Hotel el Virrey Central states that it guarantees the rights of privacy, intimacy, good name, in the processing of personal data, and consequently all its actions will be governed by the principles of legality, purpose, freedom, veracity or quality. , transparency, restricted access and circulation, security and confidentiality.

SERVICES AND PAYMENT

Code: P-SG-002

GENERAL CONSIDERATIONS

Aware of the importance of protecting and properly handling the personal information provided by the data subjects, AVIA SOLUCIONES HOTELERAS, - hereinafter AVIANET, acting as the party responsible for the information received, has designed this policy and procedures that together allow for the appropriate use of your personal data.

In accordance with the provisions of Article 15 of the Colombian Political Constitution, which establishes the fundamental right to habeas data, referring to the right of all citizens to know, update, and rectify their personal data held in databases and files, both public and private, which is inextricably linked to the handling and processing of information, which recipients of personal information must take into account. This right has been established through the enactment of Statutory Law 1581 of 2012 and Regulatory Decree 1377 of 2013, based on which AVIANET, as the CONTROLLER of the personal data it receives, handles, and processes, hereby issues this personal data processing policy, which is hereby made known to the public so that they may be aware of how AVIA processes their information. The provisions of this personal data processing policy are binding on AVIANET, its administrators, employees, contractors, and third parties with whom AVIANET establishes any type of relationship.

AIM

The implementation of this policy aims to guarantee the confidentiality of information and the security of its treatment for all clients, suppliers, employees, and third parties from whom AVIANET has legally obtained information and personal data in accordance with the guidelines established by the law regulating the right to Habeas Data. Furthermore, the issuance of this policy complies with the provisions of Section K of Article 17 of the aforementioned law.

DEFINITIONS

• Authorization: Prior, express, and informed consent of the data subject to carry out processing. This may be written, verbal, or through unequivocal conduct that allows us to reasonably conclude that the data subject has granted authorization.

• Database: It is the organized set of Personal Data that is subject to processing, electronic or not, regardless of the method of its formation, storage, organization and access.

• Query: Request by the data subject or by persons authorized by the data subject or by law to access the information held about them in databases or files.

• Personal data: Any information linked to or that can be associated with one or more specific or identifiable natural persons. This data is classified as sensitive, public, private, and semi-private .

• Sensitive personal data: Information that affects a person's privacy or whose misuse may lead to discrimination, such as information revealing racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in unions, social organizations, or human rights organizations, or that promotes the interests of any political party or that guarantees the rights and guarantees of opposition political parties, as well as data related to health, sexual life, and biometric data (fingerprints, among others). 

For the purposes of this policy, AVIANET warns that the owner of the personal data has the discretion to provide this type of information in cases where it may eventually be requested.

• Public personal data: Data classified as such by law or the Political Constitution, and all data that is not semi-private or private. Public data includes, among others, data contained in public documents, public registries, official gazettes and bulletins, and duly executed court rulings that are not subject to confidentiality, data relating to a person's marital status, profession or trade, and status as a merchant or public servant. Public data includes personal data held in the commercial register of Chambers of Commerce (Article 26 of the Civil Code). 

Public data also includes data that, by virtue of a decision of the data subject or a legal mandate, is contained in files that are freely accessible and searchable. This data may be obtained and offered without reservation and regardless of whether it refers to general, private, or personal information.

• Private personal data. This is data that, due to its intimate or confidential nature, is only relevant to the data subject. Examples: merchant's books, private documents, information obtained from a home inspection.

• Semi-private personal data . Semi-private data is data that is not of an intimate, reserved, or public nature and whose knowledge or disclosure may be of interest not only to its owner but also to a certain sector or group of people or to society in general, such as, among others, data relating to the fulfillment or non-fulfillment of financial obligations or data relating to relationships with social security entities.

• Data Controller: Person who, either alone or in association with others, decides on the database and/or the processing of data.

• Data processor: Person who processes data on behalf of the data controller.

• "Authorized" refers to AVIANET and all persons under its responsibility who, by virtue of their authorization and the Policy, are entitled to process the data subject's personal data. Authorized includes those designated as authorized.

• “Authorization” or being “Authorized” is the legitimacy that AVIANET expressly and in writing, through a contract or document acting in its place, grants to third parties, in compliance with applicable law, for the processing of personal data, making such third parties responsible for the processing of personal data delivered or made available.

• Complaint: A request from the data subject or persons authorized by the data subject or by law to correct, update, or delete their personal data, or when they become aware of a suspected breach of the data protection regime, pursuant to Article 15 of Law 1581 of 2012.

• Data owner: This is the natural person to whom the information refers.

• Processing: Any operation or set of operations on personal data such as, but not limited to, the collection, storage, use, circulation or deletion of such information.

• Transmission: Processing of personal data that involves communicating the same within (national transmission) or outside Colombia (international transmission) and whose purpose is to carry out processing by the data processor on behalf of the controller.

• Transfer: Data transfer occurs when the controller and/or processor of personal data, located in Colombia, sends the information or personal data to a recipient, who is in turn the controller and is located within or outside the country.

• Requirement of admissibility : The owner or beneficiary may only file a complaint with the Superintendency of Industry and Commerce once he or she has exhausted the consultation or claim process with the data controller or data processor, as per Article 16 of Law 1581 of 2012.

PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA

The processing of personal data must be carried out in compliance with the general and specific regulations on the subject matter and for activities permitted by law. Consequently, the following principles apply for the purposes of this policy:

• Principle of legality: Data processing is a regulated activity that must comply with the provisions of the law and other implementing regulations.

• Principle of purpose: The processing must comply with a legitimate purpose in accordance with the Constitution and the Law.

• Principle of freedom: Processing may only be carried out 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 a legal or judicial order that waives consent.

• Principle of truthfulness or quality: The information subject to processing must be truthful, complete, accurate, up-to-date, verifiable, and understandable. The processing of partial, incomplete, fragmented, or misleading data is prohibited.

• Transparency Principle: In the processing of data, the right of the data subject to obtain from the data controller, at any time and without restrictions, information about the existence of data concerning him or her must be guaranteed.

• Principle of restricted access and circulation: strong > Processing is subject to the limits derived from the nature of the personal data, the provisions of the law, and the Constitution. In this regard, processing may only be carried out by persons authorized by the data subject and/or by the persons provided for by law.

• Security Principle: Information subject to processing by the Data Controller or Data Processor referred to in this law must be handled with the technical, human, and administrative measures necessary to ensure the security of the records, preventing their alteration, loss, unauthorized or fraudulent access, or consultation.

• Confidentiality Principle: All persons involved in the processing of personal data that are not public in nature are required to guarantee the confidentiality of the information, even after their relationship with any of the tasks involved in the processing has ended. They may only provide or communicate personal data when this corresponds to the development of the activities authorized by this law and under the terms thereof.

Any new project within the Organization that involves the processing of personal data must be consulted with the Information Security Department, which is the person and department responsible for data protection, to ensure compliance with the policy and the measures necessary to maintain the confidentiality of personal data.

RIGHTS OF DATA SUBJECTS

In accordance with current legal provisions, the rights of personal information holders are as follows:

• The right to know, update, rectify, and consult your personal data at any time with AVIANET regarding data you consider to be partial, inaccurate, incomplete, fragmented, or misleading.

• The right to request proof of the authorization granted to AVIANET at any time, except in cases where the controller is legally exempt from having authorization to process the data subject's data.

• Right to be informed by AVIANET, upon request by the data subject, regarding the use that has been given to the data.

• The right to file any complaints you deem relevant to the Superintendency of Industry and Commerce to assert your right to Habeas Data.

• The right to revoke authorization and/or request the deletion of any data when you consider that AVIANET has not respected your constitutional rights and guarantees.

• Right to access free of charge the personal data that you voluntarily choose to share with AVIANET.

The information and/or personal data we collect from you are the following:

Type of person:

Natural : first and last names, type of identification, identification number, gender, marital status and date of birth, email, financial data (bank accounts).

Legal : company name, NIT, address, telephone, cell phone, email, country, city, financial data (bank accounts).

Information necessary to facilitate travel or other services, including preferences such as travel class, passenger names and surnames (document type, document number, date of birth, first name, last name, gender, email address, nationality, passport expiration date), contact information in case of an accident or any other anomaly (first name, last name, telephone number).

Cardholder information : document type, document number, telephone number, address, email address, name, card number, expiration date, and bank.

Quote request: first name, last name, phone number, city, and email.

Travel information: type of request, destination, departure date, duration, number of adults, number of children, age, hotel category, meals, additional services, transportation service, budget per person.

Write to Yadira Rodríguez Guerrero: first name, last name, ID, address, phone number (landline or cell phone), city, and email address.

Chat “online help”: name, email, what is your question?

Please rate our site: Your feedback is very important to us as we continually improve our customer service channels: first name, last name, email, phone number, and city.

Claim request: first name, last name, ID number, address, phone number, city, email, and comments.

Technical issue report: first name, last name, address, phone number, city, email, and comments.

Biometric data: images, video, audio, fingerprints that identify or make identifiable our clients, users, or any person who enters, is present, or transits through any location where AVIANET has implemented devices to capture such information.

This data may be stored and/or processed on servers located in data processing centers, whether our own or contracted with suppliers, located in different countries. This is authorized by our clients/users upon accepting this personal data processing and protection policy.

AVIANET reserves the right to improve, update, modify, or delete any type of information, content, domain, or subdomain that may appear on the website without prior notice . Publication on the Aviatur websites is deemed sufficient. This is for the resolution of legal or internal requests and for the provision or offering of new services or products.

PROCESSING, SCOPE AND PURPOSES

• AVIANET informs data subjects that the data collected from our clients, contractors, and suppliers may be used for the following purposes. AVIANET may process the data directly or through its contractors, consultants, advisors, and/or third parties responsible for processing personal data, so that they may carry out any operation or set of operations, such as the collection, storage, use, circulation, deletion, classification, transfer, and transmission (the "Processing") of all or part of your personal data:

• The support of the contractual relationship established with AVIANET.

• The provision of services related to the products and services offered.

• All activities related to the service or product will be included in an email list for newsletter delivery.

• Send information about changes to the terms of purchased services and products, and notify you about new services or products.

• Manage your requests, clarifications, and investigations.

• Develop studies and programs that are necessary to determine consumer habits

• Refining security filters and business rules for commercial transactions; confirming and processing these transactions with your financial institution, our service providers, and yourself.

• Conduct periodic evaluations of our products and services in order to improve their quality.

• The sending, by traditional and electronic means, of technical, operational, and commercial information on products and services offered by AVIANET, its partners, or suppliers, currently and in the future.

• The request for satisfaction surveys, which you are not obliged to answer.

• Transmit and/or transfer data to other companies, business partners, or third parties in order to fulfill our obligations. This transmission and transfer may also be made to third countries that may have a different level of protection than Colombia, when necessary to fulfill our obligations.

• To fulfill the obligations contracted by AVIANET with its customers when they acquire our services and products.

• Respond to inquiries, requests, complaints, and claims made by regulatory agencies and other authorities that, pursuant to applicable law, must receive personal data.

• Any other activity of a similar nature to those described above that are necessary to develop the corporate purpose of AVIANET.

• Conduct queries in various databases and authorized sources (such as OFAC, UN, and other lists) necessary for the control and prevention of fraud or crimes related to money laundering, in accordance with our risk prevention and management policies - SARLAFT .

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• Data collected from our employees:

• To comply with the obligations contracted by AVIANET with the workers who are the owners of the information, regarding the payment of salaries, social benefits, and other provisions established in the employment contract and current labor regulations.

• Inform the employee of any new developments that arise during the development of the employment contract and even after its termination.

• Evaluate the quality of the services we provide.

• Conduct internal studies on the habits of the employee who owns the information or request personal information for the development of management programs or systems.

• Make payroll deductions authorized by the worker.

• Manage your requests, activity administration, clarifications and investigations.

• Marketing and sales of our products and services.

• The sending, by traditional and electronic means, of technical, operational, and commercial information about products and services offered by partners or suppliers, currently and in the future.

• Develop studies and programs that are necessary to determine consumer habits.

• Transmit and/or transfer data to other companies, business partners, or third parties in order to fulfill our obligations. This transmission and transfer may also be made to third countries that may have a different level of protection than Colombia, when necessary to fulfill our obligations.

• The survey request, which the client is not obliged to answer.

• Transfer, either by transmission or transfer, the information received to all judicial and/or administrative entities when necessary for the fulfillment of the employer's duties and compliance with labor, social security, pension, occupational risk, family compensation fund (Comprehensive Social Security System), and tax obligations.

• Transferring the employer's personal information to third parties who legitimately have the right to access such information, which includes, but is not limited to, companies within the Aviatur Ltda. Business Group.

• Deliver, either by transmission or transfer, the employee's personal information to all entities related to the performance of the responsible party in its capacity as employer.

• Any other activity of a similar nature to those described above that is necessary to develop AVIATUR's corporate purpose and its labor obligations acquired by virtue of the execution of the employment contract or by operation of law.

• Conduct queries in various databases and authorized sources (such as OFAC, UN, and other lists) necessary for the control and prevention of fraud or crimes related to money laundering, in accordance with our risk prevention and management policies - SARLAFT .

• Personal data will be processed with the prior authorization of the data subject, except in cases where the data is public. For this purpose, a data processing authorization form has been implemented, which must be completed by the data subject at the time they submit their personal information. This authorization explains the scope and purposes of personal data processing, refers to authorization by others, data of minors, and sensitive data, and defines the service channel for data subjects who wish to exercise the rights contemplated within habeas data. It also indicates the location where this policy is hosted. To process the data, AVIANET employs all necessary measures to maintain the confidentiality of the information. 

Authorization will be obtained through any means that may be subsequently consulted, such as the website, forms, templates, in-person activities, or through social media, etc. Authorization may also be obtained from unequivocal conduct by the data subject, which allows us to reasonably conclude that the data subject has granted authorization for the processing of his or her information.

• If you provide us with personal information about a person other than yourself, such as your spouse or co-worker, we understand that you have that person's authorization to provide us with their information; and we do not verify, nor do we assume the obligation to verify, the identity of the user/customer, nor the veracity, validity, adequacy, or authenticity of the information each of them provides. In light of the foregoing, we assume no liability for damages or losses of any kind that may arise from the lack of veracity, homonymity, or impersonation of the identity information.

• Since AVIANET belongs to the Aviatur Business Group, your personal information may be shared by transfer or transmission with group companies, business partners, and/or third-party providers (flight, hotel, and car reservation systems, transaction security validators , banks, financial networks, and tourism services). These processes may be carried out in different locations than where the purchased tourist service or product was contracted, for the same purposes indicated for the collection of your personal data. These entities are required to comply with the corresponding confidentiality, transmission, or transfer agreements.

• The Personal Data collected will be processed manually or automatically and incorporated into the corresponding files or databases (hereinafter, the "File"), either by the data processor or the data protection officer. To determine the processing term, the regulations applicable to each purpose and the administrative, accounting, tax, legal, and historical aspects of the information will be considered.

• When providing the service, when the data subject is accompanied by minors or persons considered to have disabilities, and their personal data is being collected, AVIANET will always request authorization from the minor's legal representative. However, if personal information of the population mentioned here is provided without being the legal representative, you declare that you have the authorization of the respective legal representative, and you directly assume the responsibility for this. AVIANET will strive to ensure that their rights and best interests are respected at all times. The representative must guarantee their right to be heard and assess their opinion on the processing, taking into account the maturity, autonomy, and capacity of the minors. Representatives are informed of the optional nature of answering questions about the data of minors. The data of minors, who fall into a special protection category, will be processed in accordance with applicable legislation and in accordance with our personal data policy.

• The companies of the Aviatur Business Group have adopted the legally required levels of personal data protection security and have implemented all available technical means and measures to prevent the loss, misuse, alteration, unauthorized access, and unlawful removal of personal data provided to AVIANET. However, data subjects should be aware that Internet security measures are not unbreakable.

• If you choose to delete your information, to the extent permitted by law, we will retain certain personal information in our files for accounting and tax purposes, to identify transaction data, prevent fraud, resolve disputes, investigate conflicts or incidents, enforce our terms and conditions of use, and comply with legal requirements. 

However, once you revoke your authorization, the stored information will no longer be used for the purposes set forth herein, but only for the purposes strictly necessary and defined in the preceding paragraph.

• Security Risks You Should Be Aware of When Transacting Online:

• A user may be tricked by emails or DNS server scams into visiting a fake site with the same design, but with card details uploaded to the fake system, thereby stealing the cardholder's information. Therefore, it's important to foster a culture where users should access known domains directly when making transactions to reduce risks.

• It is possible that the computer where the user is conducting the transaction may have spyware or malware installed without prior knowledge, which captures all keyboard input or information from input devices and sends it to a network or internet host. Therefore, it is recommended that the transaction be conducted on a home or office computer, if possible.

• Identity theft could occur if the account holder denies having sent and/or received the transaction and it is used by a third party.

• It is recommended that you have an updated and active antivirus program on the device where you conduct electronic transactions to mitigate the risk of fraud.

• If the personal information was collected or provided prior to July 30, 2013, and you did not express your objection to the transfer of your personal data, it will be deemed that you have given your consent. If you wish to ratify your consent or express your refusal, you may do so by emailing privacidad@aviasolucioneshoteleras.com .

• Like other websites, AVIANET uses certain technologies, such as cookies, and device Fingerprinting , which allows us to make your visit to our site easier and more efficient by providing you with personalized service and recognizing you when you return. For the purposes of this Privacy Notice, "cookies" are text files that a website transfers to a user's computer hard drive for the purpose of storing certain records and preferences.

• Websites may allow third-party advertising or features that send "cookies" to the owners' computers.

• Cookies are only associated with an anonymous user and their computer, and do not provide their first and last name. In many cases, you can browse any of the AVIANET websites anonymously. When you access any AVIANET website, your IP address (the Internet address of your computer) is recorded to give us an idea of which parts of the website you visit and how much time you spend in each section. We do not associate your IP address with any of your personal information unless you have registered with us and logged in using your profile.

• Therefore, in certain applications, AVIANET may recognize users after they have registered for the first time, without requiring them to register each time they visit to access areas, services, or products reserved exclusively for them.

• For other services, the use of certain access keys and even a digital certificate will be required, depending on the characteristics determined.

• The cookies used cannot read cookies created by other providers. AVIANET encrypts user identification data for greater security.

• To use the AVIANET website, it is not necessary for the user to allow the installation of cookies sent by AVIANET, although in such cases the user will need to register for each of the services whose provision requires prior registration.

NATIONAL OR INTERNATIONAL TRANSFER OF PERSONAL DATA

AVIANET may transfer data to other data controllers when authorized by the data subject, by law, or by administrative or judicial order.

INTERNATIONAL AND NATIONAL TRANSMISSION OF DATA TO MANAGERS

AVIANET may send or transmit data to one or more data processors located within or outside the Republic of Colombia in the following cases: a) When it has authorization from the owner and b) when, without authorization, a data transmission contract exists between the controller and the processor.

DUTIES OF THE DATA CONTROLLER

• Guarantee the holder, at all times, the full and effective exercise of the right to habeas data.

• Request and retain, under the conditions provided for in this law, a copy of the respective authorization granted by the owner.

• Properly inform the owner about the purpose of the collection and the rights to which they are entitled by virtue of the authorization granted.

• Keep information under the necessary security conditions to prevent its alteration, loss, unauthorized or fraudulent consultation, use, or access.

• Process queries and complaints submitted in accordance with the terms set forth in this law.

• Adopt an internal manual of policies and procedures to ensure proper compliance with this law and, in particular, to address inquiries and complaints.

• Inform the owner, upon request, about the use given to their data.

• Inform the data protection authority when security code violations occur and when there are risks in the management of data subjects' information.

• Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.

DUTIES OF DATA PROCESSORS

• Guarantee the holder, at all times, the full and effective exercise of the right to habeas data.

• Keep information under the necessary security conditions to prevent its alteration, loss, unauthorized or fraudulent consultation, use, or access.

• Promptly update, rectify or delete data in accordance with this law.

• Update the information reported by those responsible for the treatment within five (5) business days from its receipt.

• Process queries and complaints submitted by the owners in accordance with the terms set forth in this law.

• Adopt an internal manual of policies and procedures to ensure proper compliance with this law and, in particular, to address inquiries and complaints from owners.

• Refrain from circulating information that is being disputed by the owner and whose blocking has been ordered by the Superintendency of Industry and Commerce.

• Allow access to information only to people who are allowed to access it.

• Inform the Superintendency of Industry and Commerce when security code violations occur and risks arise in the management of data subjects' information.

• Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.

PETITIONS, COMPLAINTS AND CLAIMS

To receive requests, complaints, and inquiries related to the handling and processing of personal data, AVIANET has designated the following email address: privacidad@aviasolucioneshoteleras.com , to channel, review, and respond to them. Therefore, you may send your requests to this address, which will be processed in accordance with Law 1581:

Inquiries: Holders or their successors in title may consult the holder's personal information stored in our database. AVIANET will provide them with all the information contained in the individual record or that is linked to the holder's identification. The inquiry will be answered within a maximum period of ten (10) business days from the date of receipt. When it is not possible to answer the inquiry within this period, the interested party will be informed, and the date on which their inquiry will be answered will be indicated, which in no case may exceed five (5) business days following the expiration of the first term.

Claims: The owner or his successors in title who consider that the information contained in a database should be corrected, updated or deleted, or when they notice the alleged non-compliance with any of the duties contained in the law, may file a claim with AVIANET, which will be processed under the following rules:

• The claim shall be submitted by means of a request addressed to AVIANET, including the identification of the owner, a description of the facts giving rise to the claim, the address, and the accompanying documents to be asserted. If the claim is incomplete, AVIANET shall require the interested party within five (5) days following receipt of the claim to correct the deficiencies. After two (2) months from the date of the request, if the applicant does not submit the required information, it shall be deemed that the claim has been withdrawn.

• Once the complete claim has been received, a legend stating "claim in process" and the reason for the claim will be added to the database within a period of no more than two (2) business days. This legend must remain in effect until the claim is decided.

• The maximum term for addressing the claim will be fifteen (15) business days counted from the day following the date of receipt. When it is not possible to address the claim within this term, the interested party will be informed and the date on which their claim will be addressed will be indicated, which in no case may exceed eight (8) business days following the expiration of the first term.

• In any case, the owner or beneficiary may only file a complaint with the Superintendency of Industry and Commerce once they have exhausted the consultation or claim process with AVIANET.

• The area responsible for receiving and processing claims is the Information Security Department.

• The request to delete information and revoke authorization will not be valid when the data subject has a legal or contractual obligation to remain in the database.

DATA OF THE DATA CONTROLLER

Company name: Avia Hotel Operator SAS

Address: Andino Business Center, Carrera 11 # 82-01 Floor 4, Bogotá DC - Colombia

Email: privacidad@aviasolucioneshoteleras.com

Telephone: (+57 1) 3817111

Website: www.aviasolucioneshoteleras.com 

QUESTIONS OR SUGGESTIONS

If you have any questions or concerns about the collection, processing, or transfer of your personal information, or if you believe that the information contained in a database should be corrected, updated, or deleted, please send us a message to the following email address: privacidad@aviasolucioneshoteleras.com .

For more information about AVIANET, including its identity, address, and contact information, please visit www.aviasolucioneshoteleras.com . This website also includes terms and conditions applicable to the services and products published, which may be consulted at any time for further information.

VALIDITY

AVIANET reserves the right to modify this policy to adapt it to new legislation or jurisprudence , as well as to best practices in the tourism sector and other economic sectors within the business group. In such cases, AVIANET will announce any changes on this page with reasonable notice prior to their implementation.