TERMS AND CONDITIONS

TERMS AND CONDITIONS

www.Brahma.co

    Welcome to www.Brahma.co website owned by Stanton S.A.S., a company located at Km 25 via Bogotá-Sibaté, Colombia ("Brahma"). The information presented below describes the terms and conditions (the "Terms and Conditions") and the privacy policy (the "Privacy Policy") applicable to the access, consultation, use and transactions made through the services offered by Brahma (the "Services") through the website www.Brahma.co, and/or other related domains (urls) ("Brahma.co" or the "Site"), where these Terms and Conditions are found.

    For purposes of information and use of the Site, User shall mean any person who enters the Site and proceeds with the legitimate use of the Site either through, but not limited to, navigation, product consultation, interaction with Brahma, registration on the Site, and / or the acquisition of products through electronic purchase transactions, among others involving the use of the Site by the User. In consideration of the foregoing, the User through the use of the Site accepts and agrees to be bound by the Terms and Conditions and Privacy Policy contained herein along with all other policies and principles governing Brahma.co and which are incorporated herein directly or by reference or which are explained and / or detailed in other sections of the Site.

    The customer service area is in charge of handling requests, complaints and claims from users and consumers, so if you are interested in exercising this right, please send an email to sac@brahma.co clearly stating (i) your full name, (ii) identification number (iii) facts that support the question, complaint or claim and (iv) other aspects that are relevant to effectively respond to the exercise of your rights.

    Site Usage

    The Terms and Conditions and Privacy Policy contained in this document shall apply and shall be understood as an integral part of all acts and contracts executed or entered into between the User and Brahma, and/or by any of the other companies or enterprises that are subsidiaries or related to Brahma, and that make use of this Site, which are hereinafter referred to indistinctly as the "Companies", or the "Offering Company", the "Supplier" or the "Provider Company", as appropriate to the sense of the text.

    In the event that the Companies have established their own Terms and Conditions and Privacy Policies for the acts and contracts that they carry out through this Site, they will appear on this page indicated with a link or indicated as an integral part of the promotion of their offers and promotions and will prevail over these Terms and Conditions.

    You as User have the duty to inform yourself, read, consult and understand the conditions of use set forth in the General Terms and Conditions and in Brahma's Privacy Policies as well as in the other documents incorporated therein by reference, prior to your use of the same whether through, but not limited to, browsing, product consultation, interaction with Brahma, registration on the Site, and/or the acquisition of products through electronic purchase transactions, among others that involve the use of the Site by the User.

    If you as a User do not accept and do not agree with the Terms and Conditions and/or Privacy Policy contained herein, which are mandatory and binding, then we request that you refrain from using this Site and/or accessing the Services made available for your use through this Site.

    The use by the User, the contracts and transactions made on this Site, as well as their legal effects, shall be governed by these Terms and Conditions and Privacy Policy, and subject to the applicable legislation in force in the Republic of Colombia. If any provision of these Terms and Conditions is declared illegal, or has a gap, or for any reason is unenforceable, it shall be interpreted within the framework of the same and in any case shall not affect the validity and enforceability of the remaining provisions.

    User Capacity

    The Website and its content are intended for Users of legal age with the appropriate capacity to contract. If you are not of legal age, please refrain from using the Site.

    The acts performed by minors on this site will be the responsibility of their parents, guardians, caregivers or curators, and therefore shall be deemed performed by them in exercise of the legal representation with which they have. Whoever registers a User as a company must have the capacity to contract on behalf of the legal entity and to bind the same under the terms of these Terms and Conditions and Privacy Policy.

    Account creation and User registration

    If you as a User are interested in accessing the promotions and / or the purchase of products offered through the Site, it will then be necessary to proceed with the completion of the registration form by providing personal data according to the fields indicated therein. With the delivery of your personal data by answering the questions in the registration form we understand that you voluntarily give Brahma authorization to proceed with the legitimate processing of your personal data in accordance with the information provided in the Privacy Policy and in the authorization document made available to you at the time of registration. We also understand that your personal data are accurate, precise, correct and current and will be included in our databases, all under the current law 1581 of 2012 and other complementary provisions.

    By filling out the form and completing the registration procedure through the Site you will become a Brahma Member and undertake to update, when necessary, the personal data associated with your registration. Brahma may use various means to identify you as a Brahma Member, but Brahma is NOT responsible for the accuracy of the personal data provided by you as a User. It is your duty to ensure and respond, in any case, the accuracy, veracity, validity and authenticity of the personal data entered.

    Each Brahma Member may only be the holder of 1 (one) Brahma account, and may not access more than 1 (one) Brahma account with different email addresses or by falsifying, modifying and/or altering their personal data in any possible way. If it is verified or suspected fraudulent and/or malicious use and/or contrary to these Terms and Conditions and/or contrary to good faith, Brahma will have the unappealable right to cancel transactions in process or pending confirmation only in cases where the payment has not been approved, delete information from the shopping cart, favorites and other data related to that account whose use is not in accordance with what is described here. If the payment has already been accepted, we will proceed to confirm by phone if this process was made by the account holder and to make refunds if necessary, in cases where it is necessary we will cancel the account and may even prosecute the offenders.

    Brahma reserves the right to request any additional proof and/or data in order to corroborate the personal data, as well as to temporarily or permanently suspend the account of those Users whose data could not be confirmed. In these cases of disqualification, Brahma may cancel the purchase made, without this giving rise to any right to compensation, payment and / or compensation, beyond the refund of the money for the purchase made. The User as a Brahma Member may only carry out the purchase of a maximum of five (5) products of the same reference, per electronic transaction.

    The Member, once registered, will have his/her email address and a secret password (hereinafter the "Password") that will allow him/her personalized, confidential and secure access. In case of possessing these data, the User will have the possibility of changing the Password, for which he/she will have to follow the procedure established in the Site. The User agrees to maintain the confidentiality of his/her password, assuming full responsibility for maintaining the confidentiality of his/her secret password registered on the Site, which allows him/her to make purchases, request services and obtain information. This Password is for personal use, and its delivery to third parties does not involve the responsibility of Brahma or the Companies in case of improper, negligent and / or incorrect use.

    The User will be responsible for all transactions made in and from his Account, since access to it is restricted to the entry and use of a secret Password, of exclusive knowledge of the User. The Member agrees to notify Brahma immediately and by suitable and reliable means, any unauthorized use of your Account and / or Password, as well as the entry by unauthorized third parties to the same. It is clarified that the sale, assignment, loan or transfer of the Key and/or Account under any title is prohibited.

    Brahma reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without giving rise to any right to compensation or indemnification.

    Modifications to the Terms and Conditions

    Brahma may modify the Terms and Conditions at any time by making them available on the Site. The modifications will become effective 10 (ten) days after their publication.

    Responsible for the Means of Payment available on the Site

    The sole and direct responsible for the payment transactions from their generation, processing to their conclusion will be the third party, different from Brahma, Pagosonline.Net S.A.S. In this regard we inform you that:

    • Even when the products are available for consultation and purchase through the Site, Brahma is not directly or indirectly responsible for payments to be advanced through the Site.
    • At the end of the navigation and choose the products of your preference the User will proceed to the payment of the products through the service operated exclusively by Pagosonline.Net S.A.S.
    • The means of payment available to Pagosonline.Net S.A.S. will be used (Transfer with PSE, Credit Card and payment at Baloto points), from which the User may choose the most convenient one. 
    • As a previous condition for the payment the User, in the platform of Pagosonline.Net S.A.S. must, as a previous condition, accept the "Terms and Conditions of Use of the Pagosonline.Net S.A.S. System" which will govern the contractual relationship between the User and Pagosonline.Net S.A.S.
    • Brahma has no connection, association, affiliation or relationship whatsoever with the services and/or technological platform provided by Pagosonline.Net S.A.S.

    For information related to Pagosonline.Net S.A.S. and its services please refer to www.pagosonline.com.

    Validity Period of the Offer and the Price

    The prices of the products available on the Site, while appearing on the Site, shall only be valid and applicable to the Site and shall not be applicable to other sales channels used by the Companies, such as physical stores, telephone sales, other electronic sales sites, catalogs or others. The prices of the products offered on the Site are expressed in Colombian Pesos unless otherwise stated. The prices offered correspond exclusively to the value of the goods offered and do not include transportation, handling, shipping, accessories that are not expressly described or any other additional item.

    Website Promotions

    The promotions offered on this Site do not necessarily correspond to those offered in other sales channels used by Brahma and/or the Companies, such as physical stores, telephone sales, catalogs or others, unless expressly stated on this Site or in the advertising made by the Companies for each promotion. When the Site offers promotions consisting in the free or discounted delivery of a product for the purchase of another, the delivery of the good that is delivered for free or at a discounted price will be made at the same place where the purchased product is delivered. The Offering Company submits its promotions and promotional activities to compliance with current regulations and specifically to the provisions of Law 1480 of 2011 regarding consumer protection.

    Products purchased through the Site will be subject to the shipping and delivery conditions chosen by the User and available on the Site. The price of transportation of the products is calculated in consideration of the delivery method chosen by the User at the time of proceeding with the necessary choices to complete the purchase process, and the same will be shown in the summary of the transaction.

    The information of the place of shipment is the sole responsibility of the User, so we ask you to include the delivery address correctly along with other contact information. The terms chosen for dispatch and delivery are counted from the time the Offering Company has validated the purchase order and the means of payment used, and are considered working days for the fulfillment of such term.

    Brahma will communicate by e-mail to the Users the data so that they can track the status of the shipment via Internet.

    If the User is not present at the time of physical delivery of the purchase made on the Site, and no one receives it at the place of residence, a notice indicating the time of the visit will be posted as a record of the delivery attempt. During the following three (3) days after the first attempt, the courier will return to the address to deliver the order. If again no one receives the product, a third attempt will be made and if unsuccessful, the product will be returned to Brahma, and the User must contact our offices to arrange a new delivery, the cost of which will be borne exclusively by the User.

    Warning: Brahma cannot guarantee the shipment to some regions of the country of products considered oversized or overweight by the courier companies. When this happens, we reserve the right to revoke orders found in these conditions, in which case the order will be reversed and the value of the price will be refunded to the customer in the shortest possible time.

    Promotional Products

    Products purchased through promotions will be subject to exchange restrictions (size, color) and/or withdrawal request depending on available inventory.

    One Size

    The products denominated as unique sizes will not apply for changes (Size, Color) since as mentioned are the last of inventory for that reason this offer is made and also there is no place to retract.

    Return and exchange policy due to withdrawal right

    The following conditions apply when the User, after delivery of the products, decides to exercise the right of withdrawal in accordance with Law 1480 of 2011. Thus, the User must observe that:

    • The product is not damaged or deteriorated by actions of the User.
    • The product has original labels, sales invoice, accessories and packaging (including manuals, user guides, warranty certificates, etc.).
    • The product must not show signs of use, dirt or wear.
    • The product should not be more than FIVE (5) business days old.
    • The product purchased must not be perishable, for personal or intimate use.
    • In case the product has been paid for by credit card and the method of reimbursement chosen by the consumer is a refund to his/her credit card, the money will be reimbursed to the card used within fifteen (15) to thirty (30) business days from the exercise of the right of withdrawal by the User.

    The exercise of the right of withdrawal can only and exclusively be made during the five working days following the date of delivery of the product purchased through the Site. If the right of withdrawal is exercised after this period, it will be rejected as untimely.

    When a product has specific conditions to be able to exercise the right of withdrawal, this will be specified in the product characteristics.

    Shipping costs: It may vary depending on the destination country and are handled by DHL. When making the payment, the website will indicate the shipping costs. Please note that for some countries, due to local government policies, an additional import tax is charged. If applicable, you will have to assume this amount.

    Claim conditions for wrong product

    In the event that the User receives a product with characteristics different from those described on the Site at the time of purchase, the following procedure must be carried out in order to verify the validity of the claim:

    • The User must inform Brahma within a maximum period of 30 days of the incorrect shipment of the product that does not correspond to the reference and/or specific characteristics chosen by the User on the Site.
    • After these 30 days without any notice Brahma will not proceed with the exchange of wrongly shipped products.

    At the choice of the consumer, the Supplier will pick up the product where it was delivered or the Supplier may request the consumer to drop it off at the point of care provided for this purpose. In the latter case, the Supplier shall bear all shipping costs. If transportation is required for the good, the costs shall be borne by Supplier.

    A maximum of two Reverse Logistics Guides will be sent to the consumer to return the product to the Supplier, who will perform the necessary analysis to determine if the exchange is appropriate. Each guide will be valid for one day. If the consumer does not send the second waybill, he/she will have to send the product to the Supplier, assuming the shipping cost. Brahma will provide the Supplier's information to facilitate this procedure.

    Products that replace those sent in error shall be delivered to the consumer at the same place where the initial products were sent, unless the consumer requests another place and the Supplier accepts it. If transportation is required for the good, the costs shall be borne by the Supplier.

    If the conditions described for the claim are met, Brahma will proceed with the exchange of the wrong product within twenty-five (25) days after receipt of the product.

    In case it is not possible to change the wrong product for the one initially chosen by the User, Brahma will proceed to inform the consumer of its decision and will proceed either with the refund of the money or with the exchange of the good for another identical one or one of the same characteristics that respond to the price initially paid by the User. All of the above will take place within twenty-five (25) days after receipt of the product.

    Claim conditions for missing parts

    In the event that the User receives an incomplete product, the following procedure must be carried out in order to verify the validity of the claim:

    • The User must inform Brahma within 30 days of the incomplete shipment according to the reference and / or specific characteristics chosen by the User on the Site. After these 30 days without notice Brahma will not proceed with the shipment of products received incomplete.

    At the choice of the consumer, the Supplier will pick up the product where it was delivered or the Supplier may request the consumer to drop it off at the point of care provided for this purpose. In the latter case, the Supplier shall bear all shipping costs. If transportation is required for the good, the costs shall be borne by Supplier.

    A maximum of two Reverse Logistics Guides will be sent to the consumer to return the product to the Supplier, who will perform the necessary analysis to determine if the missing part should be shipped. Each waybill will be valid for one day. If the consumer does not send the second waybill, he/she must send the product to the Supplier, assuming the shipping cost.

    Products that complement those originally shipped shall be delivered to the consumer at the same place where the initial products were shipped, unless the consumer requests another place and the Supplier accepts it. If transportation is required for the good, the costs shall be borne by Supplier.

    If the conditions described for the claim are met, Brahma will proceed with the shipment of the missing part within twenty-five (25) days after the claim.

    In case it is not possible to send the missing product, Brahma will proceed to inform the consumer of its decision and will proceed either with the refund of the money or with the exchange of the good for another identical one or one of the same characteristics that respond to the price initially paid by the User. All of the above will take place within twenty-five (25) days after receipt of the product.

    Warranty policy

    In the event that a product purchased through the Site presents malfunctioning or damage after delivery, the customer may contact Brahma who will provide the details of the seller or supplier to provide appropriate support for your warranty request. All warranty requests must comply with the following conditions:

    • The product warranty must be valid.
    • The product must have the invoice and warranty documents. In case the product does not have a document that certifies a warranty period, it must be less than twelve (12) months old.
    • The damage to the product must be due to a manufacturing defect, technical failure or irregularity. Our warranty does not cover damage caused by abuse, mistreatment, improper use and/or normal wear and tear.
    • The supplier has the right to replace, repair or refund the product.
    • The product for warranty must be presented in perfect clean condition at the time of delivery.

    Our products are guaranteed for 90 calendar days following the date of purchase, for conditions of product suitability, quality and/or safety legally required. The response time will be up to 15 working days after the request.

    At the choice of the consumer, the Supplier will pick up the product where it was delivered or the Supplier may request the consumer to drop it off at the point of care provided for this purpose. In the latter case, the Supplier shall bear all shipping costs. If transportation is required for the good, the costs shall be borne by Supplier.

    A maximum of two Reverse Logistics Guides will be sent to the consumer to return the product to the Supplier, who will perform the necessary analysis to determine if the warranty is valid. Each guide will be valid for one day. In the event that the consumer does not send the second guide, the consumer must send the product to the Supplier assuming the cost of shipping, money that will be refunded if the warranty proceeds. Brahma will provide the data of the Supplier to facilitate this procedure.

    The repaired or replacement product shall be delivered to the consumer at the same place where the legal warranty was requested, unless the consumer requests another place and the supplier accepts this. If transportation is required for the good, the costs shall be borne by the supplier.

    In the event that the good must be replaced by another of the same or similar characteristics, the supplier shall proceed to replace it within ten (15) working days after receipt of the product by the supplier.

    The repair shall be carried out within thirty (30) working days from the day following delivery of the goods to the supplier for repair.

    In the event that a refund must be made, it will be made in the following manner:

    From the day after the supplier's acceptance of the warranty and its subsequent communication with Brahma and the customer, Brahma has up to 25 days to reimburse.

    In the event that the good cannot be repaired or the product failure is repeated, the supplier will proceed to inform the consumer of its decision on how to make the warranty effective, either by refunding the money or by exchanging the good for an identical one or one of the same characteristics.

    Intellectual and industrial property

    All content included or made available to the User on the Site, including text, graphics, logos, icons, images, audio files, digital downloads and any other information (the "Content"), is the property of Brahmao and has been licensed to Brahmao by the owner of the Content. The compilation of the Content is the exclusive property of Brahmao and, as such, the User must refrain from extracting and/or reusing parts of the Content without Brahmao's express prior consent.

    In addition to the Content, the trademarks, word or figurative marks, brands of any kind, industrial designs and any other element (the "Industrial Property"), are owned by Brahma or the Suppliers and, for this reason, may not be used by Users in connection with any product or service that is not provided by Brahma. In the same sense, the Industrial Property may not be used by Users in connection with any product or service that is not one of those marketed or offered by Brahma or in a manner that causes confusion with its customers or that discredits the Company or the Supplier Companies.

    Brahma's Responsibility and Liability for Payments on the Site

    Brahma will use reasonable efforts to ensure that the transmission of the Site is uninterrupted and error-free. However, given the nature of the Internet, such conditions cannot be guaranteed. In the same vein, the User's access to the Account may be occasionally restricted or suspended in order to perform repairs, maintenance or introduce new Services. Brahma shall not be liable for losses (i) not caused by a breach of its obligations; (ii) loss of profits or loss of business opportunities; (iii) any indirect damages.

    The sole and direct responsible for the payment transactions from their generation, processing to their conclusion will be the third party, different from Brahma, Pagosonline.Net S.A.S. In this regard we inform you that:

    • Even when the products are available for consultation and purchase through the Site, Brahma is not directly or indirectly responsible for payments to be advanced through the Site.
    • At the end of the navigation and choose the products of your preference the User will proceed to the payment of the products through the service operated exclusively by Pagosonline.Net S.A.S.
    • The means of payment available to Pagosonline.Net S.A.S. will be used (Transfer with PSE, Credit Card and payment at Baloto points), from which the User may choose the most convenient one. 
    • As a previous condition for the payment the User, in the platform of Pagosonline.Net S.A.S. must, as a previous condition, accept the "Terms and Conditions of Use of the Pagosonline.Net S.A.S. System" which will govern the contractual relationship between the User and Pagosonline.Net S.A.S.
    • Brahma has no connection, association, affiliation or relationship whatsoever with the services and/or technological platform provided by Pagosonline.Net S.A.S.

    For information related to Pagosonline.Net S.A.S. and its services please refer to www.pagosonline.com.

    Questions, complaints and/or claims

    The customer service area is in charge of handling requests, complaints and claims from Users and consumers, so if you are interested in exercising this right, please send an email to sac@brahma.co clearly stating (i) your full name, (ii) identification number and (iii) facts that support the question, complaint or claim and (iv) other aspects that are relevant to effectively respond to the exercise of your rights.

     

     

    Privacy Policy

    IDENTIFICATION OF THE DATA PROCESSING CONTROLLER:

     

    Legal Entity

    STANTON S.A.S

    Nit

    860009034

    Address

    Carrera 42b # 12-64

    Email:

    protecciondatos@stanton.co 

     

     

    1. OBJECTIVE

    For STANTON S.A.S, protecting the personal data provided by any natural person is fundamental. For this reason, the following privacy policy has been defined to communicate and inform data subjects about how personal data is processed.

    This personal data processing policy ("Privacy Policy") establishes how we collect, store, safeguard, manage, transfer, transmit, and/or share information, whether personal or not, provided by the data subject in any form, including but not limited to when contacting us through any of our communication channels, when directly contacted, when purchasing products from any of the company's brands, when accessing our websites, or any other digital platform, medium, or channel developed in the future by STANTON S.A.S.

     

    1. SCOPE

    We hereby inform you that STANTON S.A.S holds the position of data controller for personal data of its employees, contractors, applicants, clients, potential clients, suppliers, users, partners, and/or third parties in general. This policy applies to all personal information recorded in any of STANTON S.A. S’s databases and is mandatory and strictly enforced.

     

    1. DEFINITIONS

    For the purposes of this policy, the following terms have the meanings assigned in this chapter, whether written in uppercase or lowercase, and whether in the singular or plural.

    Authorization: Prior, express, and informed consent of the data subject to carry out the Processing of Personal Data.

    Privacy Notice: Physical, electronic, or any other format document generated by the Data Controller, made available to the Data Subject for the Processing of their Personal Data, which informs the Data Subject about the existence of the information processing policies applicable to them, how to access them, and the characteristics of the Processing intended for the personal data.

    Personal Data: Any information linked or that can be associated with one or more specific or identifiable natural persons.

    Sensitive Data: Sensitive data refers to data that affects the privacy of the Data Subject or whose misuse may lead to discrimination, such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in unions, social organizations, human rights organizations, or promoting the interests of any political party or guaranteeing the rights and guarantees of opposition political parties, as well as data relating to health, sexual life, and biometric data, among others.

    Data Processor: Natural or legal person, public or private, who, by themselves or in association with others, processes Personal Data on behalf of the Data Controller.

    Data Controller: Natural or legal person, public or private, who, by themselves or in association with others, decides on the databases and/or the Processing of data.

    Data Subject: Natural person whose personal data is subject to Processing.

    Business Partners: Strategic alliance between two or more companies aimed at providing benefits of interest to all parties.

    Processing of Personal Data: Any operation or set of operations on Personal Data, such as collection, storage, use, circulation, or deletion.

     

    1. PURPOSES AND PROCESSING TO WHICH PERSONAL DATA WILL BE SUBJECTED

     

    The personal data collected, stored, used, circulated, and deleted by STANTON S.A.S will be used for one or more of the following purposes:

     

    4.1. Related to the nature and functions of STANTON S.A.S:

    Data processing will be carried out to ensure the manufacturing and commercial operations of our products.

     

    4.2. Related to the operation of STANTON S.A.S:

    4.2.1. Human Resources:

    Data processing for our employees, contractors, or active and inactive collaborators, judicial officers, interns, and job applicants will be carried out for the following purposes:

    1. To receive the resume of a job applicant.
    2. To execute the selection process, as well as conducting interviews, tests, evaluations, inductions, contracts, and information validation.
    3. To store information in physical or digital databases.
    4. In case of employment, to affiliate to the social security system, accounting, and information archiving.
    5. To send internal communications related or unrelated to their employment or contractual relationship.
    6. To manage the employee's personal data and that of their family nucleus for affiliation procedures to health promoting entities (EPS), family compensation funds, occupational risk administrators (ARL), and others necessary to fulfill obligations.
    7. To fulfill obligations arising from the contractual relationship, such as payment of fees or salary, and other remunerations established in the contract or as required by law.
    8. To respond to employee or contractor requests for certificates, statements, and other documents requested, as a result of the existing or past contractual relationship.
    9. To promote their participation in activities aimed at well-being and a good working environment.
    10. To monitor and use images captured through video surveillance systems to maintain the physical security of people and material objects.
    11. To transmit personal data outside the country to third parties with whom a data transmission contract has been signed and it is necessary to deliver it for the fulfillment of the contractual purpose.
    12. To comply with legal and regulatory obligations applicable to our company.
    13. To fulfill contracted obligations or services.
    14. To comply with internal policies applied for regulatory compliance and organization, such as occupational health and safety, environmental, and other applicable to the company.
    15. To manage procedures, requests, consultations, complaints, and/or congratulations.
    16. To conduct analysis for fraud control and prevention and money laundering, including consultation on restrictive lists, and all necessary information required for SAGRILAFT.

     

    4.2.2. Clients, Suppliers, and Contractors of STANTON S.A.S:

    Data processing will be carried out for the following purposes related to the contractual management process of products or services that STANTON S.A.S requires for its operation in accordance with current regulations.

    1. To provide information of interest about products and/or services offered by STANTON S.A.S.
    2. For advice, support, and acquisition of products and/or services.
    3. Comprehensive management and execution of the contracted service with STANTON S.A.S.
    4. To store information in physical or digital databases.
    5. To send commercial, advertising, or promotional information about products and/or services, events, and/or commercial or non-commercial promotions via physical mail, email, mobile phone, or device, through text messages (SMS and/or MMS), to encourage, invite, direct, execute, inform, and in general, carry out commercial or advertising campaigns or contests.
    6. To contact the Data Subject via email for the sending of extracts, account statements, or invoices.
    7. To transmit personal data outside the country to third parties with whom a data processing contract has been signed and it is necessary to deliver it for the fulfillment of the contractual purpose.
    8. Those indicated in the authorization granted by the data subject or described in the respective privacy notice, as applicable.
    9. To comply with legal and regulatory obligations applicable to our company.
    10. To manage procedures, requests, consultations, complaints, and/or congratulations by internal or external customers, suppliers, and contractors, and direct them to the responsible areas for issuing the corresponding responses.
    11. To conduct the study, linkage, and due registration in the databases of STANTON S.A.S in accordance with the procedures already established in the company.
    12. To comply with internal processes regarding the administration of internal and external customers, suppliers, and contractors.
    13. To manage all the information necessary to comply with tax obligations and commercial, corporate, financial, and accounting records of the parties.
    14. To control access to the company's premises and establish security measures, including the establishment of video-monitored areas.
    15. Notification of compliance with payment obligations to suppliers or third parties.
    16. To conduct analysis for fraud control and prevention and money laundering, including consultation on restrictive lists, and all necessary information required for SAGRILAFT and the Business Transparency and Ethics Program.
    17. To consult financial information and credit history and make the respective reports to credit bureaus when the requirements for it are met, according to the payment obligations contracted with the company and their breach.
    18. To inform about new products or services related or unrelated to those contracted or acquired by the Data Subject.
    19. To conduct internal studies on compliance with commercial relationships and market studies at all levels.
    20. To respond to legal requirements from administrative and judicial entities.
    21. To share the personal data collected with third parties who are business and/or commercial partners to offer products and/or services that improve Stanton's value proposition for customers, all in accordance with the provisions of Law 1581 of 2012 and its Regulatory Decree 1377 of 2013.
    22. To verify, control, and monitor the development of processes, activities, and products in accordance with environmental guidelines and quality management.

     

    4.2.3 Visitors of STANTON S.A.S:

     

    1. To address requests from judicial or administrative authorities.
    2. To manage relationships, rights, and obligations with data subjects.
    3. To ensure security management in our facilities.
    4. To manage risks or accidents within the facilities.
    5. To control the access and exit of individuals in the facilities.
    6. To carry out administrative management activities.
    7. To receive and manage requests regarding products or services, attending to data subjects (PQR Management).
    8. To conduct investigations in case of risk situations or security breaches.

     

    4.2.4 Public Entities:

     

    When STANTON S.A.S is in processes of affiliation with Public Entities, the information collected will be obtained from public sources, therefore, it will not be necessary to request authorization for the processing of the information. It should be mentioned that the information will be used solely and exclusively for the development of the contractual relationship.

     

    4.2.5 Data Processing on our websites:

     

    Cookies:

    Acceptance of cookies is not a requirement to visit the Site. However, we would like to point out that using the "my cart" functionality on the Site and accepting an order is only possible with the activation of cookies. Cookies are small text files that identify your computer on our server as a unique user. Cookies can be used to recognize your Internet Protocol address, saving you time while on the Site or if you want to return to it in the future. We only use cookies for your convenience in using the site (for example, to remember who you are when you want to modify your shopping cart without having to re-enter your email address) and not to obtain or use any other information about you (for example, targeted or hidden advertising). Your browser can be configured not to accept cookies, but this could restrict your use of the Site and limit your experience on it. The use of cookies does not contain or affect personal or private data and does not pose a virus threat.

     

    Security:

    We have technical and security measures in place to prevent unauthorized or illegal access or accidental loss, destruction, or damage to your information. All data we collect through the Site is stored on a secure server as these servers have protection programs. When we collect electronic payment card information, Secure Socket Layer (SSL) encryption systems are used to encode it, preventing fraudulent use. While it is not possible to guarantee a result, these systems have proven to be effective in handling confidential information since they have mechanisms that prevent access from external threats (i.e., hackers). It is recommended not to send all credit or debit card details without encrypting electronic communications with us. Additionally, we maintain physical, electronic, and procedural safeguards regarding the collection, storage, and disclosure of your information. Our security procedures require that sometimes we may ask you for proof of identity before disclosing personal information. Please note that you are solely responsible for protecting against unauthorized access to your password and computer.

     

    1. SENSITIVE DATA:

    In cases where it is necessary, sensitive personal data will be collected, respecting the guarantees and rights of the data subjects; processing will always be carried out if there is the prior and express authorization of the data subject, and will obey the higher interest or the guarantees of other rights necessary to safeguard the higher interest of the data subject.

     

    The Data Subject has the right to choose not to grant authorization for the processing of sensitive data requested by STANTON S.A.S, related, among others, to data regarding their racial or ethnic origin, membership in unions, social organizations or human rights, political, religious, sexual life, biometric data, or health data.

     

    1. PROCESSING OF VIDEO RECORDING IMAGES AND BIOMETRIC DATA:

     

    STANTON S.A.S captures photographic images and/or video recordings, fingerprinting for:

     

    1. a) Recognition of employees in different media such as bulletin boards, bulletins, internal and external newspapers.
    2. b) Access to the company's facilities.
    3. c) Protection oriented to the security and surveillance of people and physical facilities.
    4. d) To fulfill the purpose of legal and contractual requirements.

     

    Such recordings may be collected from: customers, suppliers, employees, and/or visitors.

     

    These images are collected with prior express or unequivocal authorization from the data subject, or their legal representative if the data subject is a minor, in order to have control of the activities carried out.

     

    This information will be stored in the database(s) generated for the purposes that its collection requires, and its processing will be maintained as long as the purposes of its collection and/or the legal obligation to maintain the storage of such data are maintained, or in which case your data will be kept until you express your opposition.

     

    1. PROCESSING OF DATA FOR CHILDREN AND ADOLESCENTS:

     

    STANTON S.A.S in the exercise of some of its obligations captures and processes data of minors. However, it has all the guarantees so that minors can exercise their rights. This processing is intended to safeguard an essential public interest, which is assessed in accordance with international human rights standards, and at a minimum, must satisfy the criteria of legality, proportionality, and necessity, safeguarding the fundamental rights of the interested parties.

     

    Thus, their information is processed or provided expressly by the data subject and their legal representative. Providing treatment that responds to and respects the best interests of children and adolescents and their fundamental rights. Once the above requirements are met, the legal representative of the child or adolescent will grant authorization after the exercise of the minor's right to be heard, an opinion that will be valued taking into account maturity, autonomy, and understanding of the matter.

     

    This information will be stored in the database(s) generated for the purposes that its collection requires, and its processing will be maintained as long as the purposes of its collection and knowledge are maintained.

     

    1. DATABASES

     

    STANTON SAS stores the personal data it collects for the purposes mentioned in this Policy and in the respective authorizations, in physical and/or digital databases, which are identified within an internal inventory generated in compliance with the Principle of Demonstrated Responsibility.

     

    In compliance with the provisions of the Superintendence of Industry and Commerce, STANTON SAS will register the databases on which it acts as Data Controller before the National Database Registry, as well as the monthly, semi-annual, and/or annual reports that may be required. The databases, as well as the information contained in them, will be available according to the execution of the activities for which they were collected, and in accordance with the treatment and storage parameters informed in the previous section and the execution of the rights of the data subjects as mentioned below.

     

    Those responsible for the information and the different contractors have limited access to the information contained in the databases of STANTON SAS for the development of the corporate purpose, without the need to be shared or transmitted.

     

    1. DATA SUBJECTS' RIGHTS:

     

    Law 1581 of 2012 establishes that Data Subjects of personal data will have the following rights:

     

    9.1 To know, update, and rectify their personal data in front of STANTON S.A.S as Data Controller and Data Processor. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned data, which mislead, or those whose treatment is expressly prohibited or has not been authorized.

     

    9.2 To request proof of the authorization granted to STANTON S.A.S as Data Controller and Data Processor, unless expressly exempted as a requirement for processing, in accordance with the provisions of Article 10 of Law 1581 of 2012.

     

    9.3 To be informed by STANTON S.A.S as Data Controller and Data Processor, upon request, regarding the use that has been given to the personal data of the Data Subject.

     

    9.4 To file complaints before the Superintendence of Industry and Commerce for infractions of Law 1581 of 2012 and other regulations that modify, add or complement it.

     

    9.5 To revoke the authorization and/or request the deletion of personal data when the principles, rights, and constitutional and legal guarantees are not respected in the Treatment. Revocation and/or deletion will proceed when the Superintendence of Industry and Commerce has determined that in the Treatment, the Controller or Processor have engaged in conduct contrary to Law 1581 of 2012 and the Constitution.

     

    9.6 To access their personal data that have been subject to Treatment free of charge.

     

    1. DATA SUBJECT'S AUTHORIZATION:

     

    Without prejudice to the exceptions provided by law, prior, express, and informed authorization of the Data Subject is required for the Treatment, which must be obtained by any means that may be subject to subsequent consultation and verification, indicating the purpose for which the data is requested, using for these purposes automated technical means, written or oral, physical, electronic, data messages, voice recordings, or through technical or technological mechanisms, which allow preserving evidence of the authorization and/or of the unequivocal conduct described in Article 7 of Decree 1377 of 2013 that allows its subsequent consultation. Such authorization will be requested for as long as it is reasonable and necessary to satisfy the needs that gave rise to the request for the data, and, in any case, observing the legal provisions governing the matter. When the authorization is not granted directly by the Data Subject, the following additional information must be requested:

    - Data of Children and Adolescents: The condition of Legal Representative of the minor must be accredited.

    - Attorney: The power of attorney granted by the Data Subject will be requested.

     

    1. TEMPORARY LIMITATIONS ON THE PROCESSING OF PERSONAL DATA BY STANTON S.A.S:

     

    STANTON S.A.S may only collect, store, use, or circulate personal data for as long as is reasonable and necessary, according to the purposes that justified the processing, in accordance with the applicable provisions of the relevant matter and the administrative, accounting, fiscal, legal, and historical aspects of the information. Once the purpose(s) of the processing has been fulfilled and without prejudice to legal provisions to the contrary, the personal data in its possession will be deleted. However, personal data must be retained when required to fulfill a legal or contractual obligation.

     

    1. CASES WHERE AUTHORIZATION IS NOT REQUIRED:

     

    Authorization from the Data Subject will not be necessary when it comes to:

    12.1 Information required by a public or administrative entity in the exercise of its legal functions or by court order.

    12.2 Public nature and/or consulted data in the Transparency and Access to Information section of public entities.

    12.3 Cases of medical or health emergency.

    12.4 Information processing authorized by law for historical, statistical, or scientific purposes.

    12.5 Data related to the Civil Registry of Persons.

     

    1. AREA/POSITION RESPONSIBLE FOR HANDLING REQUESTS, QUERIES, AND COMPLAINTS REGARDING THE PROCESSING OF PERSONAL DATA

     

    The Data Protection Officer is the person responsible for receiving requests, queries, and complaints from Data Subjects regarding their rights to: know, update, rectify, and delete, as well as revoke authorization. Likewise, the Officer will ensure timely and appropriate responses from each of STANTON SAS's departments to requests, queries, and complaints from Data Subjects.

     

    Rights to query and complain may be exercised as follows:

     

    - On One's Own Behalf: Data Subjects can directly exercise their rights, provided they prove their identity, by making inquiries or complaints regarding the data stored in our databases and/or files. They have the right to know, update, access, rectify, delete, request proof of authorization, be informed about the use of their data, and revoke the granted authorization.

    - Through a Proxy: Data Subjects may exercise their rights through a proxy, who must prove their status. For these purposes, an authenticated power of attorney must be attached to the request. If a request is made by a person other than the data subject, without the submission of the appropriate document substantiating representation, it will be considered not submitted, and no response will be provided to such request.

    - Exercise of Minors' Rights: Minors must exercise their Habeas Data rights through their legal representative.

     

    1. CHANNELS FOR RECEIVING REQUESTS, QUERIES, AND COMPLAINTS

     

    The channels provided by STANTON SAS for receiving, addressing, and responding to requests, queries, or complaints are as follows:

     

    1. Email: protecciondatos@stanton.co
    2. Address: Carrera 42b # 12 – 64, Bogotá.
    3. Through the Whatsapp number +57 3002483180

     

    1. PROCEDURE FOR EXERCISING RIGHTS

     

    15.1 Queries:

    - Will be resolved within a maximum period of ten (10) business days from the date of receipt.

    - If it is not possible to respond within this period, the interested party will be informed before the expiration of the 10 days, stating the reasons for the delay and indicating the date by which the request will be addressed, which in no case may exceed five (5) business days following the expiration of the initial period.

     

    15.2 Complaints:

    - Must be submitted through the aforementioned communication channels.

    - Must contain detailed information such as the name and identification of the data subject, a precise description of the facts, the address to receive the response, and supporting documents.

    - If STANTON SAS is not competent to resolve the complaint, it will be forwarded to the appropriate authority within a maximum period of two (2) business days.

    - If the complaint is incomplete, the interested party will be requested to complete it within five (5) days following its receipt.

    - The maximum period for addressing the complaint will be fifteen (15) business days.

     

    1. DATA COLLECTED BEFORE THE ISSUANCE OF DECREE 1377 OF 2013

     

    STANTON SAS will proceed to send an email to its customers and employees to inform them about this information processing policy and how to exercise their rights as data subjects whose personal data is stored in the company's databases.

     

    1. STANTON AS DATA PROCESSOR

     

    When STANTON SAS acts as a data processor, the data controllers must request and retain the data subject's authorization for the processing of personal data by STANTON SAS. The company also undertakes to enter into contracts for the transmission of personal data and to comply with the corresponding obligations.

     

    1. UPDATING AND VALIDITY

     

    This policy has an indefinite term from the date of signing this document and is subject to modifications to comply with Colombian legislation on data processing. It comes into effect from December 27, 2023.