Policies and Privacy | Smart Work Resources

TERMS AND CONDITIONS

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Our data processing policy and privacy notice will be updated concerning the data controllers. For more details, please refer to our policy or contact us at PQRS@swr.world or servicioalcliente@swr.world.

INFORMATION PROCESSING AND PERSONAL DATA PROTECTION POLICY

In compliance with Law 1581 of 2012 on personal data protection, SMART WORK RESOURCES S.A.S. informs its clients, suppliers, employees, and other individuals included in its database that it guarantees the confidentiality and security of the information provided, either directly or through electronic means.

SMART WORK RESOURCES S.A.S., as the data controller, uses the information solely in the pursuit of its corporate purpose and with the authorization of the data subject for purposes such as maintaining communication, sending correspondence, providing or receiving services, evaluating service quality, and fulfilling contractual obligations.

The purpose of this document is to provide data subjects with a summary of the information processing policies, rights, purposes of data use, and contact channels for inquiries and complaints.

SMART WORK RESOURCES S.A.S., headquartered in Bogotá D.C., complies with Law 1581 of 2012 and Decree 1377 of 2013, acting as the entity responsible for personal data processing.

Legal Framework: Constitution of Colombia, Laws 1581 of 2012, 1266 of 2008, Decrees 1377 of 2013 and 1727 of 2009, and Constitutional Court Rulings C-1011 of 2008 and C-748 of 2011.

Source of Information: The data processed is obtained from commercial negotiations, contracts, or forms authorized by clients, employees, or suppliers.

Basic Terminology:

Database: A set of personal data subject to processing.

Data Subject: A natural person whose data is processed.

Processing: Operations performed on personal data, such as collection, storage, use, circulation, or deletion.

Data Controller: The individual or entity that determines the purposes and means of data processing.

Data Processor: The individual or entity that processes data on behalf of the controller.

User: An individual involved in data processing.

Public Data: Non-sensitive information such as marital status, profession, or public office.

Private Data: Intimate or confidential information.

Sensitive Data: Information that may lead to discrimination, such as ethnic origin, health status, religious beliefs, or biometric data.

Transmission: Communication of data for processing within or outside Colombia.

Transfer: Communication of data to another recipient outside Colombia.

Privacy Notice: A communication about data processing and the applicable policies.

Rights of Data Subjects:

Access, Know, Update, Rectify, or Delete Personal Data

Data subjects have the right to access, know, update, rectify, or delete their personal data about SMART WORK RESOURCES, as the data controller.

Request Proof of Authorization

Data subjects may request proof of the authorization granted for the processing of their data, except for cases with legal exemptions.

Obtain Information About Data Usage

Data subjects are entitled to receive information about how their data is being used.

Revoke Authorization or Request Data Deletion

They may revoke their consent and/or request the deletion of their data when legal and constitutional standards are not upheld.

Identify Responsible Contact

Data subjects have the right to know which department or individual is responsible for managing inquiries, complaints, and requests related to their data.

File Complaints

They may file complaints with the Superintendence of Industry and Commerce for violations of applicable laws.

Rights of Children and Adolescents:

The processing of minors’ data will respect their prevailing rights. Except for public data, any

processing must align with the best interests of the minor, respect their fundamental rights, and have the authorization of their legal guardian.

Duties as the Data Controller:

SMART WORK RESOURCES commits to:

· Guaranteeing the rights of data subjects.

· Requesting and retaining the granted authorization.

· Ensuring information security to prevent tampering, loss, or unauthorized access.

· Complying with the principles of personal data processing.

· Using data solely for authorized purposes in accordance with the law.

· Protecting the personal data of minors when its processing is authorized.

Data Processing:

In compliance with its legal obligations, SMART WORK RESOURCES ensures the privacy of data subjects. The policy outlines the conditions and purposes of data processing collected through its various channels.

Data is voluntarily provided by the data subject, acknowledging and accepting the terms. SMART WORK RESOURCES may delegate data processing to third parties, ensuring its privacy at all times.

The databases are confidential, with restricted access and controlled security. They are not sold or rented to third parties.

Purposes of Data Processing:

Personal data will be used to:

· Conduct processes related to its corporate purpose.

· Keep data subjects informed about service delivery.

· Notify them about product or service updates.

· Communicate with data subjects to improve services.

· Fulfill contractual obligations.

· Carry out selection and employment evaluation processes.

· Prevent illegal activities and comply with tax obligations.

· Share data with subsidiaries or related companies for legitimate purposes.

· Support internal or external audits.

· Send commercial, advertising, or promotional information through various channels.

The client is responsible for the accuracy of the data provided. SMART WORK RESOURCES will act if the data is false or inaccurate. Security measures are continually reviewed and improved.

Data Processing Validity:

This policy has been effective since September 24, 2024. Databases will be maintained as long as the established purposes persist or there is a legal or contractual obligation.

Authorization for Data Processing:

Except in the Cases Defined by Law 1581 of 2012 and Decree 1377 of 2013, as well as other regulations that govern, amend, implement, complement, modify, repeal, or derogate these laws, when prior authorization from the data subject is required, SMART WORK RESOURCES S.A.S. will request it at the time of data collection.

The authorization must be explicit, either oral, written, or through unequivocal conduct, and informed. It must include the specific purposes of the processing for which consent is being requested and must be obtained by any means that can be consulted later.

Guiding Principles of Personal Data Processing:

Principle of Legality:

Data processing at SMART WORK RESOURCES S.A.S. must be for legitimate purposes and by

the law.

Principle of Purpose:

Processing must be for the purposes outlined in the data processing policies and only for activities entrusted to or authorized by the data controller or data subject.

Principle of Freedom:

Data processing will only be conducted with the prior, explicit, and informed consent of the data subject. Data will not be disclosed without prior consent or judicial authorization.

Principle of Accuracy or Quality:

The information processed must be truthful, complete, accurate, up-to-date, verifiable, and understandable.

Principle of Transparency:

SMART WORK RESOURCES S.A.S. guarantees all data subjects the right to access and know the information that is being processed about them.

Principle of Restricted Access and Circulation:

Access to the information will be restricted according to the nature of the data, the data subject’s authorizations, and the procedures defined in this policy.

Principle of Security:

The information processed by SMART WORK RESOURCES S.A.S. will be protected with the necessary technical, human, and administrative measures to prevent its alteration, loss, unauthorized access, or fraudulent use.

Principle of Confidentiality:

SMART WORK RESOURCES S.A.S. ensures the confidentiality of the information during and after the processing of the data. Data will only be communicated to third parties when permitted by law or with prior authorization from the data subject.

Procedures for Data Subjects to Exercise Their Rights:

In compliance with personal data protection laws and the objectives of this data processing policy, data subjects have the following rights: to access, rectify, update, oppose, and/or cancel their personal data. These rights can be exercised partially or fully by sending a written notification to pqrs@swr.world or servicioalcliente@swr.world.

Handling Inquiries, Complaints, and Requests:

To effectively handle requests related to the processing of personal data, SMART WORK RESOURCES S.A.S. has established the following communication channels, available to clients and data subjects for any questions, complaints, or requests related to their rights, as stipulated by Law 1581 of 2012:

· Email: servicioalcliente@swr.world

· Phone: (+57-1) 7047574 · Website: https://www.smartworkresources.com/

Instagram:

These channels can be used by Personal Data Subjects or third parties legally authorized to act on their behalf to exercise the following rights:

A) Inquiries:

The Data Subject may request their Personal Data free of charge. For this purpose, they may submit a request indicating the information they wish to access through any of the mechanisms listed above.

The Company will address the request within a maximum of ten (10) business days from the date of receipt. If it is not possible to respond within this timeframe, the applicant will be informed of the delay, the reasons for it, and the date the inquiry will be addressed, which shall not exceed five (5) additional business days after the initial deadline.

B) Complaints: In accordance with Article 14 of Law 1581 of 2012, if the Data Subject or their successors believe that the information processed by the Company needs to be corrected, updated, or deleted, or if they notice an alleged violation of the obligations outlined in the law, they may submit a request to the Company, following these rules:

· The Data Subject or their successors must prove their identity, their representative's identity, or the representation granted on their behalf.

· If the request is made by someone other than the Data Subject and they fail to prove they are acting on behalf of the Data Subject, the request will be deemed as not submitted.

The request for correction, update, deletion, or revocation must be submitted through the means provided by the Company, as detailed in this document, and must include at least the following:

1. The Data Subject's name and address or any other means for receiving a response.

2. Documents proving the identity of the applicant and, where applicable, their representative, along with the corresponding authorization.

3. A clear and precise description of the Personal Data for which the Data Subject seeks to exercise any rights, along with the specific request.

The maximum timeframe for addressing such a request is fifteen (15) business days from the day following the receipt of the request. If it is not possible to address the request within this timeframe, the applicant will be informed of the delay, the reasons for it, and the new date by which the request will be resolved, which shall not exceed eight (8) additional business days beyond the initial deadline.

If the complaint is incomplete, the applicant will be required to provide the missing information within five (5) days of receiving the notification. If the applicant does not submit the required information within two (2) months, the complaint will be deemed withdrawn. Once the complete complaint is received, the Company will add a legend stating, “complaint in progress” and the reason for it within no more than two (2) business days. This legend will remain until the complaint is resolved.

C) Rectification and Update:

For complaints regarding rectification or updating, the Data Subject must specify the changes to be made and provide supporting documentation for their request.

D) Deletion:

The deletion of Personal Data involves the total or partial elimination of personal information as requested by the Data Subject. However, the Company may deny such deletion if the Data Subject has a legal or contractual obligation to remain in the database.

SMART WORK RESOURCES S.A.S. reserves the right to modify or update this policy at any time without prior notice. Personal Data stored, used, or transmitted will remain in our database under the criteria of temporality and necessity for as long as necessary to fulfill the purposes described in this policy or as required by law or contract.

PQRS POLICY

At SMART WORK RESOURCES S.A.S., we value the opinions of our clients, collaborators, and users. Our commitment is to provide quality service, and we have implemented an efficient process for receiving and managing Petitions, Complaints, Claims, and Suggestions (PQRS).

1. Definitions:

· Petition: Request for information or specific requirements related to our products or services.

· Complaint: Expression of dissatisfaction regarding the quality of a service or the treatment received.

· Claim: Formal request for reviewing or resolving a situation affecting the client.

· Suggestion: Recommendation to improve our products, services, or processes.

2. Reception Channels:

To submit PQRS, we provide the following channels:

· Email: Send your PQRS to pqrs@swr.world

· Physical Office: Visit us at Carrera 9 # 113-52.

3. Management Process:

· Once the PQRS is received, a reference number will be assigned for tracking purposes.

· Within 48 business hours, you will receive confirmation that your request is being processed.

· If additional information or support documents are required, we will contact you using the channels provided.

· The final solution or response will be provided within 15 business days of receiving the PQRS, depending on the complexity of the case.

4. Rights of Applicants:

· Access: You can check the status of your PQRS at any time using your reference number.

· Rectification: If the information provided in your PQRS is incorrect or incomplete, you may rectify it.

· Timely Response: You will receive a clear and detailed response within the established timeframe.

5. Commitment to Quality:

SMART WORK RESOURCES S.A.S. is committed to continuous improvement of its services. All received PQRS are analyzed to optimize our processes and ensure customer satisfaction, in line with ISO 10001 quality standards.

6. Confidentiality Policy:

All information provided through PQRS channels will be handled with the utmost confidentiality, following our Personal Data Protection Policy, ensuring secure and appropriate management of the provided data.

7. Legal Framework:

Our PQRS management process is governed by the regulations established in Colombian legislation. Below are the main applicable legal provisions:

· Colombian Constitution (Article 23): Fundamental right of every individual to submit petitions to authorities and obtain a prompt resolution.

· Law 1437 of 2011 (Administrative Procedure and Contentious Administrative Code): Regulates the right to submit petitions to public and private entities fulfilling public functions.

· Law 1581 of 2012 (Personal Data Protection Law): Establishes principles and standards for the protection of personal data, its processing, and the rights of data subjects.

· Decree 1377 of 2013: Partially regulates Law 1581 of 2012, focusing on authorization and management of personal data by public and private entities.

· ISO 9001: International standard for quality management systems to ensure continuous process improvement.

· ISO 10002: Standard specifying guidelines for managing complaints related to customer satisfaction in a quality context.

8. Special Attention to Vulnerable Clients:

If a PQRS is submitted by individuals in a vulnerable situation, such as minors, senior citizens, or

persons with disabilities, special attention will be given to ensure an appropriate and timely response. Their prevailing rights will be respected, as stipulated by:

· Law 1098 of 2006 (Childhood and Adolescence Code).

· Law 1257 of 2008 on protection for vulnerable groups.

9. Applicant Responsibilities:

It is the client's responsibility to ensure the accuracy of the data provided in their PQRS. SMART WORK RESOURCES S.A.S. reserves the right to take necessary measures in cases of false or inaccurate data being submitted.

10. Validity of Personal Data Processing:

The processing of personal data associated with PQRS will be governed by the terms described in our Personal Data Protection Policy and will remain valid according to the purposes of the processing or as stipulated in legal and contractual regulations.