TERMS AND CONDITIONS FOR ACCESS AND USE OF THE WEBSITE WWW.USCOLOMBIASALASEEM.ORG
These terms and conditions ("Terms and Conditions") are intended to regulate access to information, functionalities and services ("Services") that are made available to you through the Website. www.uscolombiasalaseem.org("Website"), under the Secretariat for the Application of Environmental Legislation ("Secretariat") of the Trade Promotion Agreement ("TPC") between Colombia and the United States of America ("Party" or "Parties"), established through the Agreement for the Establishment of a Secretariat for the Enforcement of Environmental Legislation under the Trade Promotion Agreement between the United States and Colombia (“Secretariat Agreement”).
This Website is intended to promote public awareness and understanding of the mechanism relating to submissions on environmental enforcement matters, whereby any person of a Party asserts that a Party is failing to effectively enforce its environmental laws ("Submissions"), as well as the preparation of factual records and the procedure on filing a Submission to the Secretariat. Additionally, this Website make publicly available documents and communications referred in Articles 18.8 and 18.9 of the TPA and other Submissions-related documents. Likewise, it provides information on how to contact the Secretariat; any working procedures the Council establishes regarding the Submission process and other procedures established by the Council; a procedure to submit, via the internet, public submissions; as well as information related to the activities of the Secretariat.
As a user, you are compelled to read the Terms and Conditions, which you will find below:
This document sets out the Terms and Conditions under which the User may access and navigate the website www.uscolombiasalaseem.orgowned by the Secretariat. The user will also find the terms under which Users may access, know and use any of the Services available on the Website; and, the provisions that will govern the relationship between Users and the Secretariat.
The use of certain Services offered to Users through the Website may be subject to particular conditions that will complement and/or modify these Terms and Conditions. In these cases, the Secretariat will expressly establish the particular conditions of the Services. Moreover, the use of the Website is subject to all notices, regulations of use, policies and instructions made known to the User by the Secretariat, and which complete the provisions of these Terms and Conditions.
In these Terms and Conditions, the following definitions should be considered:
|Authorization||It is the prior, express and informed consent of the Data subject to carry out Personal Data Processing.|
|Council||It is the Environmental Affairs Council established in Article XNUMX of the TPA, compromised of senior officials from the Ministry of Environment and Sustainable Development and the Ministry of Trade, Industry and Tourism of Colombia, and United States Trade Representative and the United States Department of State’s Bureau of Oceans and International Environmental and Scientific Affairs.|
|Content||These are all forms of information or data that are disclosed on the Website, including, but not limited to, news, text, videos, images, photographs, trademarks, names, logos, distinctive signs, designs and animations. |
|Confidential Information||It corresponds to Article XNUMX of the Secretariat Agreement, which is transcribed in section XNUMX of these Terms and Conditions.|
|Council||It is the Secretariat when by itself or in association with others, decides on the purposes and Personal Data Processing contained in its Databases.|
|Contents||Technological tools consisting of text strings sent by the Website and stored in the User's browser for consultation and knowledge of the Secretariat about the activity, habits and preferences of Users. |
|Cookies||It is the organized set of Personal Data in digital, electronic or physical media, object of Processing.|
|Data message||The information generated, sent, received, stored or communicated by electronic, optical or similar means (i.e., electronic data interchange,
Internet, e-mail, telegram, etc.).
|Data Subject||Technological tools consisting of text strings sent by the Website and stored in the User's browser for consultation and knowledge of the Secretariat about the activity, habits and preferences of Users.|
|ECA||It is the Environmental Cooperation Agreement signed by the Parties of the TPA.|
|Intellectual Property||It is any intangible asset that can be protected by means of Intellectual Property, which includes the definition of section 8(a).|
|Party or the Parties||It is the individual whose Personal Data is subject to Processing and who will also hold the status of User.|
|ECA||It is the Environmental Cooperation Agreement signed by the Parties of the TPA.|
|Intellectual Property||It is the profile that a User must create to access some Website Services and that will be associated to his/her e-mail account and to the IP addresses from which the User enters the Website.|
|Intellectual property||It is any information that is linked or may be linked to one or more specific individual(s) or individual(s) that may be specified.|
|Services||Any operation or set of operations on Personal Data, such as collection, storage, use or deletion.|
|Public Data||Personal Data that is not private, semi-private or sensitive. By nature, public data may be contained, among others, in public records, gazettes, official bulletins and court rulings. www.uscolombiasalaseem.org owned by the Secretariat.|
|Application o Submissions||It is the Agreement for the Establishment of a Secretariat for Environmental Enforcement Matters under the Trade Promotion Agreement between Colombia and the United States.|
|Sensitive Personal Data||Personal Data that affect the Data subject’s privacy, whose improper use may generate its discrimination.|
|Services||These are the features that the Secretariat makes available to Users through the Website|
|Transfers||Written assertion filed by any person of a Party asserting that a Party is failing to effectively enforce its environmental laws, in accordance with the provisions of Chapter XNUMX of the TPA.|
|Transfer||It is the sending of Personal Data by a Controller and/or Personal Data Processor located in Colombia to a Processing Controller who is inside or outside the country.|
|Transmission||Any operation or set of operations on Personal Data, such as collection, storage, use or deletion.|
|User(s)||Any person who voluntarily decides to access the Website and benefit from the Services offered by the Secretariat.|
- WEBSITE SERVICES SCOPE
These are the features that are made available on the website www.uscolombiasalaseem.orgamong others providing information on the Submissions mechanism and the factual records, including the procedures on filing a Submission under Article 18.8 of the TPA; filing public Submissions; making available to the public documents and communications referred in Articles 18.8 and 18.9 of the TPA and other related documents, including Submissions, Secretariat determinations, Party responses, views that other persons may submit to the Secretariat regarding a Submission or the submissions process, as well as any Council decision. The above, in accordance with procedures the Council may establish and subject to Article 8 of the Secretariat Agreement on Confidential Information. Factual records will be made publicly available when instructed to do so by any member of the Council in accordance with paragraph 7 of Article 18.9 of the TPA.
Additionally, this website provides information on how to contact the Secretariat, any working procedures the Council establishes regarding the pubic Submissions process and other procedures established by the Council, a procedure to submit, via the internet, public submissions, as well as activities carry out by the Secretariat.
Users may access this Website from any place within or outside Colombian territory, notwithstanding the fact that sometimes some services may only be accessed in Colombian territory.
The Secretariat is not responsible for the uninterrupted or error-free service of the Website. In any case, the Secretariat will make its best efforts so that the content provided is of the highest quality, and in this sense the User agrees to use the Services. Likewise, the Secretariat may also make improvements or changes to the Website Services at any time and without prior notice, as long as it does not go against the functions that have been attributed to it and what is established in the TPA and the Secretariat Agreement.
- SUBMISSION OF REQUESTS
Through the Website, any person of a Party may file a submission asserting that a Party is failing to effectively enforce its environmental laws.
Submissions may be also sent digitally through e-mail to email@example.com or by hard copy mail to the Secretariat office located at Bogotá – Colombia (Carrera 7 # 32-33, piso 27). The filing of Submissions through Secretariat´s website will follow these terms. In any case, it will prevail what it is established in articles 18.8 and 18.9 of the TPA and the working procedures and other procedures that the Council establishes to consider requests from the public.
- For the filing of a Submission, the interested party must create a User Profile, in accordance with the terms set forth in section 6 of these Terms and Conditions.
- The User will receive a provisional password to his registered email, which can be changed in the User Profile and account. When entering the corresponding account, the User will be able to adjust his or her profile information.
- Through his or her Account, the User may file an online Submission or resume draft Submissions. The platform for filing a Submission on the website aims to assist preparing and filing a Submission. To file a Submissions on the platform, the User must enter the information of the submitter or submitters, as well as the information of the requirements of article 18.8.2 and the criteria of article 18.8.4 of the TPA. The User may make a partial filling and resume with the registration of the Submission at another time, to do this the User must click on the "Save" button. Before filling a Submission, the User may review the draft Submission in a PDF file by clicking on "Review submission". Once the registration of the Submission is completed and sent by clicking on "Send submission", the Secretariat will assign a number and name to the Submissions.
- Submissions may be filed by any person of a Party of the TPA, including individuals, non-governmental organizations and companies, except as provided in Article 18.8(3) of the TPA.
- Submissions must meet the following requirements, in accordance with Article 18.8(2) of the TPA: (i) be in English or Spanish; (ii) clearly identify the person making the Submission; (iii) provide sufficient information to allow the Secretariat to review the Submission, including any documentary evidence (i.e., documents, videos and/or photographs); (iv) identify the environmental laws that are allegedly not being enforce; (v) appears to be aimed at promoting enforcement, rather than at harassing the industry; and, (vi) indicate that the matter has been communicated in writing to the relevant authority, as well as the corresponding response from said authority, if any.
- The Secretariat will determine whether the Submission merits requesting a response from the Party, after determining if the Submissions meets the requirements of Article 18.8(2) of the TPA.
- In accordance with Article 18.7(4), in deciding whether to request a response from a Party, the Secretariat shall be guided by whether: (i) the Submission is not frivolous and alleges harm to the person making the Submission; (ii) the Submission, alone or in combination with other Submission, raises matter whose further study in this process would advance the goals of Chapter Eighteen of the TPA and the ECA, taking into account guidance regarding those goals provide by the Council and the Environmental Cooperation Commission established under the ECA; (iii) private remedies available under the Party´s law have been pursued; and, (iv) the Submission is drawn exclusively from mass media reports.
- Where the Secretariat makes such a request, it shall forward to the Party a copy of the Submission and any supporting information provided with the Submission. In accordance with Article 18.8(5) of the TPA, the Party shall advise the secretariat within 45 days or, in exceptional circumstances and on notification to the secretariat, within 60 days of delivery of the request: (i) whether the precise matter at issue is the subject of a pending judicial or administrative proceeding, and, (ii) of any information the Party wishes to Submit, such us: whether the matter was previously the subject of a judicial or administrative proceeding; whether private remedies in connection with the matter are available to the person making the Submission and whether they have been pursued; or, (iii) information concerning relevant capacity-building activities under the ECA.
- If the Secretariat considers that the Submission, in light of any response provided by the Party, warrants developing a factual record, the secretariat shall so inform the Council and provide its reasons. The Secretariat shall prepare a factual record, if any Council member instructs it to do so.
- In preparing a factual record, the secretariat shall consider any information furnished by a Party and may consider any relevant technical, scientific, or other information.
- The Secretariat shall make the final factual record publicly available, normally within 60 days following its submission, if any member of the Council instructs it to do so.
- CONTACTING THE SECRETARIAT
The public has the possibility to contact the Secretariat, in the following terms:
- a) The public may request from the Secretariat information, talks or outreach material on the Secretariat functions under the Articles 18.9 and 18.9 of the TPA, as well as documents publicly available; facilitate understanding of the process for the filling and processing of public Submissions and the preparation of factual records; information on process for selecting Secretariat Staff, experts and consultants; and, information on the activities carried out within the framework of its functions and other matters related to said functions.
- The contact means made available by the Secretariat are as follows:
|Street address:||Carrera. 7 # 32-33, Piso 27 (Bogotá D.C – Colombia)|
|Telephone:||(57-1) 2853862 Ext.176|
- In these cases, the interested party must indicate:
- Full name
- Subject of Interest
- Once the communication has been received by the Secretariat, it will contact the interested party with the purpose responding to the request, concern or requirement communicated through the message.
- USER PROFILE
In this case, the User must maintain control over the User Profile and prevent third parties from accessing it, as well as maintain control over the devices used to access the Services and not reveal the password associated with the User Profile to anyone. It is the User's responsibility to update and maintain the accuracy of the personal information provided.
Use of the User Profile is personal and non-transferable; therefore, Users are not entitled to transfer the validation data for access or use of their account to any third party. In case of forgotten, lost or stolen validation data, it is the User's obligation to inform the Secretariat through the option "Forgot your password?”.
Failure to comply with the above will result in suspension and permanent blocking of the User's Profile. In addition, the Secretariat will have the possibility to cancel your User Profile or suspend it, in order to protect Users and/or the Secretariat against identity theft or other fraudulent activity.
By virtue of the conditions of legal capacity established in Law 84 of 1873 and the validity of the expression of will through electronic means established in Law 527 of 1999, all Users, at the time of the creation of the User Profile, expressly manifest their capacity to act on their own behalf as individuals; or, on behalf of companies, in cases where they act on behalf of companies or non-governmental organizations.
- REQUIREMENTS FOR THE USE OF THESE SERVICES
- Most Services are available to Users of all ages. However, children and minors interested in accessing the Services available on the Website must do so through the user authorized by their legal guardian or representative.
- The Services may be accessed worldwide through the Website www.uscolombiasalaseem.org.
- It is possible that some Content on the Website is made available only in Colombia or the United States.
- USER RIGHTS
Users shall have the right to access the Website and make use of all Services available on it and to have the Secretariat ensure the proper operation of the platform.
- USER OBLIGATIONS
Users who make use of the Services shall have the following obligations:
- Use of the Website and the Services in accordance with these Terms and Conditions and applicable regulations.
- Provide true and correct information, including that which serves as the basis for the Submissions and that are related to Personal Data; when entering the Website, releasing the Secretariat from any responsibility for any inaccuracy or lack of veracity of such information.
- Use of the Services, including all features associated with the Services, in accordance with all applicable laws, rules and regulations, or any other restrictions on the use of the Service or Content.
- Use of the Website lawfully, accurately and under the rules of public order, morality and good customs. The User of the Website shall not alter, block or perform any act that prevents the display of or access to any content, information or services of the Website or linked websites.
- Refrain from using the Website in any way that overloads, damages or disables networks, servers and other computer equipment or computer products and applications owned by the Secretariat or third parties.
- Respect and warrant the protection of Intellectual Property rights of the Secretariat and its partners or licensees. The User may not download, generate partial or complete copies, record, license, sell, resell, assign, distribute, advertise, exploit or take commercial advantage of any of the Content available on the Website, the trademarks, emblems, commercial slogans, or any sign that has the ability to distinguish a product and/or service owned by the Secretariat or third party partners, whether registered or not.
- Refrain from modifying the Content, the Intellectual Property or the structure of the Website or to make works based on the platform, parts of the platform or the Intellectual Property found on the Website.
- Refrain from using the Website, its Content or any of its Services in a manner that causes risk, damage or disablement to the Website, Content and Intellectual Property Rights.
- Take appropriate measures, behave diligently when using the Website and have malware protection tools for handling malware, spyware and others.
- Refrain from displaying illegal conduct that includes, among others, the following activities: carrying out, promoting or allowing the publication or transmission of any type of illegal, illicit, threatening, abusive, defamatory, obscene, offensive, pornographic, indecent, profane information or material , or information that in some way or another is unpleasant, including without limitation transmissions that constitute or encourage conduct that would constitute conduct punishable by law.
- Any others, arising from the nature of the Submissions and the Services available on the Website.
- INTELLECTUAL PROPERTY RIGHTS OF THE SECRETARIAT AND THIRD PARTY PARTNERS
- All information found on the Website, including but not limited to texts, processes, methods, know-how, techniques, formats, images, music, trademarks, logos, emblems, trade names, signs, photographs, images, audio and video files, software files, color combinations, as well as the structure, selection, arrangement and presentation of its content, animation and other materials and tools susceptible to protection by intellectual property, are and will remain the property of their respective proprietors, whether the Secretariat or its partners. All Intellectual Property rights are governed by the laws of Colombia and the United States applicable to these Terms and Conditions, Andean Community regulations and all international regulations applicable and in force.
- Any act related to waiving moral and proprietary rights over the works or contents found on the Website referred to in Section 11(a) of these Terms and Conditions is prohibited. Among other activities, any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of the Content, by all known and unknown means, without the prior express written permission of the Secretariat, is prohibited.
- Any unauthorized use of the Content, of the elements described in Section 11(a) or of the information found on the Website, which infringes or potentially infringes the Intellectual Property rights of the Secretariat or third party allies, may imply the initiation of legal actions by the holders of such rights.
- The User waives any responsibility that could be attributed to the Secretariat as a result of the User infringing Intellectual Property Rights of the Secretariat or of third-party allies.
- If a User considers that any Service or Content available on the Website is contrary to applicable law, he or she may direct this to firstname.lastname@example.org.
- SERVICE IS COMPLIMENTARY
The Services available on the Website are free of charge for the Users. The Secretariat will allow access to the Website free of charge. Under no circumstances may it be construed that the use and/or access of the Website by Users is for commercial purposes and/or commercial exploitation for the benefit of the Secretariat, the Parties, the Council, its members and/or third parties.
- IMPROPER USE OF THE SERVICES
In the event that User misuses the Services, the User accepts all responsibility for any damage or harm caused to the Secretariat or any third party, without prejudice of any civil or criminal consequences that may arise.
The Secretariat may suspend the User's Profile and/or use of Services in cases where it considers that the User is making fraudulent use of the Website, threatening the transparency and proper use of the Website, violating intellectual property rights or that the User is acting contrary to the provisions of said Terms and Conditions.
- LIABILITY WAIVER, AMENDMENTS, REFUSAL AND WITHDRAWAL FROM THE WEBSITE
The Secretariat does not guarantee the availability and continuity of the operation of the Website and the Services. When possible, the Secretariat will give prior notice of interruptions in the operation of the Website and the Services.
The Secretariat will not be liable for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website and the Services, to the fraud of the utility that the Users may have attributed to the Website and the Services, the fallibility of the Website and the Services.
The Secretariat does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
- PERSONAL DATA PROCESSING
The Secretariat will process your Personal Data for the purpose of receiving, considering and processing requests in which it is indicated that a Party of the APC is ceasing to effectively apply its environmental legislation; determine whether a Request merits a response from a Party and determine and inform the Council if a Request merits the preparation of a factual record; prepare factual records and make them available to the public when directed by any member of the Council; as well as attending to requests made in the contact us section and sending information on the Request mechanism, activities, events and services developed by the Secretariat, by any digital or electronic means. The foregoing, taking into account the provisions of paragraph 16 of these Terms and Conditions on Confidential Information, as well as any work procedure that the Council establishes for the protection of Confidential Information.
At any time, as a Data subject, you have the right to access, update and rectify your Personal Data, request information on the use given and revoke your Authorization, directing said requests to email@example.com.
- CONFIDENTIAL INFORMATION
The Secretariat shall not furnish to the public or allow pubic access to any information it may receive: (a) (i) that its submitter has identified as confidential in accordance with the procedures the Council establishes for protecting confidential information; (ii) that is not otherwise publicly available; and, (iii) the disclosure of which could reveal: (XNUMX) the submitter’s identity and subject the submitter to serious reprisal; or, (XNUMX) business or proprietary information; or, (b) from a Party, where the Party has determined that disclosure of the information would impede law enforcement, compromise personal privacy, or reveal confidential, business, or proprietary information or governmental decision-making.
- COMMITMENT TO PRIVACY AND SECURITY
The Secretariat is committed to the confidentiality, security and privacy of Personal Data and information in general that it collects and processes through the Website, under restrictions of access and availability, preventing its consultation by unauthorized third parties. Based on the foregoing, the Secretariat shall adopt measures to preserve Personal Data and information under security conditions typical of this filed, which will prevent its adulteration, loss, theft, consultation, unauthorized or fraudulent use or access, as well as the implementation of internal practices that contribute to a safe information environment.
Although the Secretariat has a technological protection system in place, no transmission over the Internet can guarantee 100% security. Therefore, the Secretariat cannot warrant that the information entered in its Website will be completely secure, and thus the User will remain at his own risk.
- SECRETARIAT’S RESPONSIBILITY FOR THIRD-PARTY LINKS
Websites may contain links to other sites of possible interest to Users, which may be owned by third parties outside the Secretariat ("Linked Websites"). The existence of these links does not necessarily imply the existence of a relationship between the Secretariat and the owner of the Linked Websites, nor the acceptance or approval by the Secretariat of their content or services. Likewise, the Secretariat is not responsible for the information found outside the Website. Therefore, the Secretariat does not warrant or assume any responsibility for the operation or accessibility of the Linked Websites.
The Secretariat does not offer or market by itself, or through third parties, the products and services available on the Linked Websites. Neither does the Secretariat previously control, approve, monitor or endorse the products, services, content, information, data, files, products and any kind of material on the Linked Web Pages. The User, therefore, must exercise extreme caution in the evaluation and use of the services, information, data, files, products and any kind of material on the Linked Websites.
The Secretariat does not guarantee or assume any type of responsibility for damages of any kind that may be due to (i) the operation, availability, accessibility or continuity of the Linked Web Pages; (ii) the maintenance of the services, content, information, data, files, products and any kind of material on the Linked Web Pages; (iii) the provision or transmission of the services, content, information, data, files, products and any kind of material on the Linked Web Pages; nor (iv) the quality, legality, reliability and usefulness of the services, content, information, data, files, products and any kind of material on the Linked Web Pages.
- LIABILITY FOR DAMAGES
The User will be liable for damages of any kind that the Secretariat or any third party may suffer, directly or indirectly, as a consequence of the breach of any of the obligations derived from these Terms and Conditions or the applicable law during the use of the Website .
The Secretariat has no obligation and does not control the use that Users make of the Website, the Services and the Content. In particular, the Secretariat does not warrant that Users will in fact use the Website, the Services and the Content in accordance with these Terms and Conditions.
- NO LICENSE
The Secretariat does not grant any license or authorization of use of any kind on its intellectual property rights or on any other property or right related to the Website, the Services or the Content. The access and use of the Website, does not imply in any way any licensing, concession or assignment of rights of use over any Content or the elements defined in Section 11(a) of these Terms and Conditions, in favor of the User.
- APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and Conditions are governed entirely by the law of the Republic of Colombia. The Secretariat and the User, expressly waiving any other jurisdiction, submit to that of the competent Courts and Tribunals of the city of Bogotá DC
- INDEPENDENCE OF THE CLAUSES
In the event that any provision of these Terms and Conditions shall be deemed void, illegal or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
- QUESTIONS AND COMMENTS
The User who has any question or complaint about the Terms and Conditions may submit it to the email firstname.lastname@example.org.
Acceptance of these Terms and Conditions is understood to be granted if the User enters and browses the Website, uses the Services and the Website Content. This will result in the Secretariat understanding that the User has read, understood and accepted these Terms and Conditions. If you do not agree with these Terms and Conditions, the User has the option not to provide Personal Data, not to use the Services and not to use the Website.
Both the User who browses the Website and the User who creates a User Profile are responsible for compliance with these Terms and Conditions. Therefore, the User is responsible for any activity that occurs from his IP address and from his or her User Profile, and agrees to have access and control over these and the devices used to access the Services.
These Terms and Conditions will enter into force as of September 29, 2020, and will continue in force for as long as the Services described in these Terms and Conditions continue to be provided.
The Secretariat may, without notice, at any time revise these Terms and Conditions and any other information contained in this Website by updating this post.
|Street Address: Carrera. 7 # 32-33, 27th floor||Address: Bogota, D.C. – Colombia|
|E-mail: email@example.com||Telephone: (57-1) 2853862 Ext 176|