TERMS AND CONDITIONS

www.Brahma.co

Welcome to www.Brahma.co web site owned by Stanton S.A.S. a company domiciled in 25Km Bogotá-Sibaté Colombia (“Brahma”). The information 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 with the services offered by Brahma (the “Services”) through web site www.Brahma.co, and/or other related domains (URLs) ("Brahma.co" or the "Site"), wherein these Terms and Conditions are contained.

For the purposes of information and the use of the Site, User shall be understood as any person that enters to the Site and proceeds to use it lawfully whether through, but not limited to, navigation, consultation of products, interaction with Brahma, registration in the Site, and/or purchase of products by electronic purchase transactions, among others, that involve use of the Site by the User. In consideration of the foregoing, the User, by this Site, accepts and is subjected to the Terms and Conditions and the Privacy Policies contained herein along with all the other policies and principles regulating Brahma.co and are directly incorporated hereto or by reference or that are explained and/or detailed in other sections of the Site.

The customer service area is intended for answering petitions, complaints and claims of Users and consumers. Therefore, in case of being interested in exercising this right, please send an email to address sac@brahma.co clearly establishing (i) your full name, (ii) identification number (iii) events that support the question, complaint or claims and (iv) other aspects that are relevant to answer effectively the exercise of your rights.

Terms and Conditions PRIMATON

The commercial dynamic discounts apply from June 28 to June 30, 2024. Valid on the online channel Brahma.co, physical Brahma Concept stores, authorized distributors: Tiendas Aka, Éxito, Falabella, and Spring Step.
Inventory is not guaranteed nor reserved when preparing the shopping cart.
Our product deliveries will take between 5 to 10 business days; however, as our delivery processes are carried out by independent transport companies from our company, delays, losses, or other events beyond our control that may generate additional delivery times can occur.
In case of product exchange requests for purchases made through the online channel, these will only be handled through the brand's digital customer service channels: email sac@brahma.co and WhatsApp 3002483180.
In case of product exchange requests, the customer must return the product to our warehouse and will bear the cost of such shipment. The return cost will be covered by the company. Once we receive the product, we will verify that its condition and packaging are in perfect state and will validate the availability of the desired size or product. If we do not have stock to fulfill the request, the customer may request a refund. If the customer wishes for a different reference than the originally purchased one and it is of a higher value, the customer will bear the price difference.

Use of the Site

The Terms and Conditions and the Privacy Policies contained herein shall apply and be understood as an integral part of all the acts and contracts executed or entered into between the User and Brahma, and/or by any of the other companies that are affiliates of, or related to, Brahma, and that use this Site, which shall be hereinafter indistinctly referred to as the “Companies” or the “Offering Companies”, the “Supplier” or the “Supplying Company”, according to the meaning of the text.

In the event that the Companies had set forth their own Terms and Conditions and their Privacy Policies for the acts and contracts made through this Site, which shall appear on this page indicated with a link or indicated as an integral part of the promotion of its offers and promotions, they shall prevail over these Terms and Conditions.

You as User must inform yourself, read, consult and understand the conditions of use established in the General Terms and Conditions and Privacy Policies of Brahma, as well as the other documents incorporated there to by reference, before use thereof, whether through, but not limited to, navigation, consultation of products, interaction with Brahma, registration in the Site, and/or purchase of products by electronic purchase transactions, among others that involve use of the Site by the User.

If you, as User, do not accept and do not agree with the Terms and Conditions and/or Privacy Policy contained here in, which are mandatory and binding, please abstain from using this Site and/or having access to the Services made available for use thereof.

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

User Capacity

The web Site and contents thereof are addressed to Users of legal age with the due capacity to enter into contracts. If you are not of legal age, please abstain from using the Site.

The acts of minors in this site shall be the responsibility of their parents, tutors, guardians or curators and, therefore, they shall be considered made by them in the exercise of the legal representation that they hold. Whoever registers a User as a company shall have the capacity to enter into contracts in the name of the legal person and commit such person in these Terms and Conditions and the Privacy Policy.

Account Creation and User Registration

If you, as User, are interested in having access to the promotions and/or in the purchase of products offered through the Site, it shall be then necessary that you proceed to fill in the registration form entering personal data according to the fields indicated therein. With provision of your personal data by answering the questions of the registration form, we understand that you voluntarily grant authorization to Brahma to proceed with the lawful processing of your personal data in conformity with the information set forth in the Privacy Policy and in the authorization document made available upon registration. We also understand that your personal data are exact, accurate, correct and current and they shall be included as is in our databases, in compliance with Law 1581 of 2012 and other additional provisions.

By filling in the form and ending the registration procedure in the Site you shall become a Brahma Member and you assume the commitment of updating, when required, the personal data associated with your registration. Brahma may use different means to identify you as a Brahma Member, but Brahma does NOT take responsibility for certainty of the personal data provided by you as User. It is your duty to guarantee and answer for, in any case, accuracy, veracity, validity and authenticity of the personal data entered.

Each Brahma Member may only be holder of one (1) Brahma account, not being able to have access to more than 1 (one) Brahma account with different email addresses or falsifying, modifying and/or altering your personal data in any manner possible. In case a fraudulent a and/or malicious use and/or use contrary to these Terms and Conditions and/or a use contrary to good faith were verified or suspected, Brahma shall be have the unappeasable right to cancel the transactions in progress or pending for confirmation only in cases where the payment had not been approved, eliminate information from the shopping cart, favorites and other data related to the account that does not observe the provisions hereof. If the payment was already accepted, it shall be confirmed by telephone if this process was made by the account holder and reimbursements shall be made, if required; when necessary, the account shall be removed and the offender may be even prosecuted.

Brahma reserves the right of requesting any certificate and/or additional data for the purpose of verifying personal data, as well as temporarily or definitely suspending the account of those Users whose data had not been confirmed. In these cases of disqualification, Brahma may cancel the purchase made without it generating any right to remedy, payment and/or indemnity, in addition to return of the money corresponding to the purchase made. The User, as a Brahma Member, may only purchase a maximum of five (5) products of the same reference by electronic transaction.

Once registered, the Member shall have its email address and a secret password (here in after the “Password”) that shall enable personalized, confidential and safe access. In case of having these data, the User shall have the possibility of changing the access Password, for which the procedure established in the Site shall be followed. The User undertakes to keep confidentiality of the Password, fully assuming the responsibility for keeping the confidentiality of the secret Password registered in the Site, which enables making purchases, requesting services and obtaining information. Such Password is of personal use and disclosure thereof to third parties does not involve a responsibility of Brahma or the Companies in case of undue, negligent and/or incorrect use.

The User shall be responsible for all the operations made in and from its Account since the access there to is restricted to entry and use of a secret Password exclusively known by the User. The Member undertakes to notify Brahma immediately and by the proper and reliable means, about any unauthorized use of its Account and/or Password, as well as entry by unauthorized third parties thereto. Sale, assignment, lending or transfer of the Password and/or Account is forbidden in any way.

Brahma reserves the right of rejecting any registration request or cancelling any previously accepted registration without being obliged to communicate or explain the reasons of your decision and without it generating any right to indemnity or remedy.

Modifications to the Terms and Conditions

Brahma may modify the Terms and Conditions at any time making them available in the Site. The modifications shall enter into force 10 (ten) days following publication thereof.

Controller for Payment Methods Available in the Site

The only and direct Controller for the payment transactions from generation, processing to conclusion thereof shall be the third party, different to Brahma, Pagosonline.Net S.A.S. In this regard, we inform that:

Even when the products are available for consultation and purchase through the Site, Brahma is not directly or indirectly responsible for the payments that must be made through it.
Upon conclusion of the navigation and once the products had been chosen, the User shall proceed to pay the products by the service exclusively operated by Pagosonline.Net S.A.S.
The User shall use the payment means available in Pagosonline.Net S.A.S. (Transfer with PSE, Credit Card and payment in Baloto points), from which the User may choose the most convenient one.
As a prerequisite for payment, in the Pagosonline.Net S.A.S. Platform the User shall accept the “Terms and Conditions of Use of the System of Pagosonline.Net S.A.S., which shall govern the contractual relation between the User and Pagosonline.Net S.A.S.
Brahma does not have any affiliation, association or relation with the services and/or technological platform provided by Pagosonline.Net S.A.S.

For information related to Pagosonline.Net S.A.S. and services thereof, please visit www.pagosonline.com.

Validity Term of the Offer and Price

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

Promotions of the Web Site

The promotions offered in this Web Site do not necessarily respond to the ones offered in other selling channels used by Brahma and/or the Companies, such as physical stores, telephone sale, catalogs or others, unless otherwise expressly stated in this Site or in the advertisement made by the Companies for each promotion. When the Site offers promotions consisting in free shipping or discount of a product for the purchase of another, dispatch of the product freely shipped or with a price discount shall be made in the same place where the purchased product is dispatched. The Offering Company subjects its promotions and promotional activities to compliance with the current regulations and provisions of Law 1480 of 2011 concerning consumer protection.

The products acquired through the Site shall be subject to the dispatch and delivery conditions chosen by the User and available in the Site. The price of transport of the products is calculated in consideration of the delivery method chosen by the User at the moment of making the necessary choices to finish the purchase process and it shall be broken down in the transaction summary.

The information of the shipping address is under the exclusive responsibility of the User; therefore, please include the shipping address correctly along with the other contact data. The terms chosen for dispatch and delivery are counted from the moment in which the Offering Company had validated the purchase order and the method of payment used and they shall be considered in business days.

Brahma shall communicate Users by email the data so that they can follow up the shipping state online.

If the User is not present at the moment of making the physical delivery of the purchase made in the Site and nobody receives it in the residence place, a notice evidencing the time of the visit shall be fixed as a proof of delivery attempt. During the three (3) days following the first attempt, the courier shall return to the domicile to deliver the order. In case that nobody received the product again, a third attempt shall be made and if unsuccessful, the product shall be returned to Brahma and the User shall contact our offices to coordinate a new delivery at the sole expense of the User.

Warning: Brahma cannot guarantee shipping to some regions of the country of products considered oversized or overly heavy by the courier company. In this case, we reserve the right to revoke the orders on these conditions, in which case the order shall be reversed and the value of the price shall be reimbursed to the customer within the shortest time possible.

Products in Promotion

The products acquired in promotions will be subject to restrictions for change (size, color) and / or returns request depending on the available inventory of the product.

Single Sizes

Products denominated as SINGLE SIZES will not apply for changes (Size or Color) since, as mentioned they are the last inventory for that size. Reason such offer is made and there is also no room for returns.

Policy of Returns and Right of Withdrawal

The following conditions are applicable when the User, after delivery of the products, decides to exercise the right of withdrawal, to which it is entitled pursuant to Law 1480 of 2011. The User shall thus ensure that:

The product that is not broken or damaged for actions of the User.
The product has original labels, sales invoice, accessories and packages (including manuals, user’s guide, warranty certificates, etc.).
The product must not show signs of use, dirt or wear and tear.
The product must not have more than FIVE (5) business days delivered.
The purchased product must not be perishable, of personal use or intimate.
In case the product had been paid with a credit card and the reimbursement method chosen by the consumer is return of the money to the credit card, the money shall be reimbursed to the card used within fifteen (15) to thirty (30) business days beginning on the date of exercise of the right of first refusal by the User.

The right of withdrawal may be only and exclusively exercised during the five business days following the date of delivery of the product purchased through the Site. If the right of withdrawal was exercised after this term, it shall be refused for being untimely. When a product has some specific conditions for exercise of the right of withdrawal, it shall be specified in the characteristics of the product.

Conditions of Claim for Wrong Product

In the event that the User receives a product with characteristics different to the ones described in the Site at the moment of purchase, the following procedure shall be undertaken in order to verify validity of the claim:

The User must inform within a maximum term of 30 days Brahma about shipping of the wrong product not corresponding to the reference and/or specific characteristics chosen by the User in the Site.
Upon expiration of this 30-day term without any notice, Brahma shall not change the products shipped by mistake.

At the discretion of the consumer, the Supplier shall receive the product where it was delivered or it may request the consumer to leave it in the service point made available for this purpose. In this latter case, the Supplier shall bear all the shipping costs. If transport is required for the product, the costs shall be borne by the Supplier.

The consumer shall be sent a maximum of two Reverse Logistics Guides to return the product to the Supplier and the latter makes the necessary analysis to determine if the change is appropriate. Each guide shall be valid for one day. In the event that the consumer does not send the second guide, the consumer shall send the product to the Supplier bearing the shipping costs. Brahma shall provide the data of the Supplier to facilitate this procedure.

The products replacing the products wrongly sent shall be delivered to the consumer in the same place where the initial products were sent, unless the consumer requires another site and the Supplier accepts so. If transport is required for the product, the costs shall be borne by the Supplier.

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

In case it is not possible to change the wrong product for the one initially chosen by the User, Brahma shall proceed to inform the consumer about its decision and shall proceed to return the money or change the product for another identical one or for one with the same characteristics having the price initially paid by the User. The foregoing shall occur within twenty-five (25) days following receipt of the product.

Conditions of Claim for Missing Piece

In case the User receives an incomplete product, the following procedure shall be undertaken to verify validity of the claim:

The User shall inform within a maximum term of 30 days Brahma about the incomplete shipping in accordance with the reference and/or specific characteristics chosen by the User in the Site. Upon expiration of this 30-day term without any notice, Brahma shall not proceed to the send the products received incompletely.

The products that complete the ones originally sent shall be delivered to the consumer in the same place where the initial products were sent, unless the consumer requests another place and the Supplier accepts so. If transport is required for the product, the costs shall be borne by the Supplier.

If the conditions described for the claim are met, Brahma shall proceed to send the missing piece within twenty-five (25) days following the claim.

In case it is not possible to send the missing piece for the one initially chosen by the User, Brahma shall proceed to inform the consumer about its decision and shall proceed to return the money or change the product for another one identical or for one with the same characteristics having the price initially paid by the User. The foregoing shall occur within twenty-five (25) days following receipt of the product.

Warranty Policy

In case a product purchased through the Site presents operation problems or damages after delivery, the customer may contact Brahma, which shall provide the data of the seller or supplier so that the latter provides proper support to the warranty request. All the warranty requests must comply with the following conditions:

The product warranty must be valid.
The product must have the invoice and warranty documents. In the event that the product does not have a document certifying a warranty period, it shall have less than twelve (12) months after delivery.
The damage of the product must be caused by a manufacturing defect, technical failure or irregularity. Our warranty does not cover damage caused by abuse, mis-treatment, misuse and/or normal wear and tear.
The supplier is entitled to replace, repair or reimburse the money of the product.
The product for guarantee must be presented in perfect clean conditions at the time of delivery.

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

The repaired product or replacement shall be delivered to the consumer in the same place where the initial products were sent, unless the consumer requests another place and the Supplier accepts so. If transport is required for the product, the costs shall be borne by the Supplier.

In case the product must be replaced by an equal one or one with the same characteristics, the supplier shall proceed to replace it within ten (10) business days following receipt of the product by the supplier.

The repair shall be made within thirty (30) business days following the date of delivery of the product to the supplier for repair.

In case money must be returned, the procedure shall be as follows:

As of the day following acceptance of the warranty by the supplier and later communication thereof with Brahma and customer, Brahma has up to 25 days to make the reimbursement.

In the event that the product does not admit repair or the product failure reoccurs, the supplier shall proceed to inform the consumer about its decision concerning the manner to enforce the warranty, whether returning the money or changing the product for another identical one or by one with the same characteristics.

Intellectual and Industrial Property

All contents included or made available for the User in the Site, including texts, charts, logos, icons, images, audio files, digital downloads and any other information (the “Contents”), are owned by Brahma or are subject to a license granted to Brahma by the owner thereof. Compilation of the Contents is exclusively owned by Brahma; therefore, the User shall abstain from extracting and/or reusing parts of the Contents without the previous and express consent of Brahma.

In addition to the Contents, marks, whether word or figurative marks, marks of any kind, industrial designs and any other element (the “Intellectual Property”) are owned by Brahma or the Supplying Companies and, thus, they cannot be used by the Users in connection with any product or service not provided by Brahma. Likewise, the Industrial Property may not be used by Users in connection with any product and service other than the ones commercialized or offered by Brahma or as to cause confusion to its customers or discrediting the Supplying Company or Companies.

Responsibility of Brahma and Controller for Payments in the Site

Brahma shall make its best effort within its capacities so that transmission of the Site is uninterrupted and free of errors. Nonetheless, given the Internet nature, such conditions cannot be guaranteed. Likewise, access of the User to the Account may be occasionally restricted or suspended in order to make repairs or maintenance, or introduce new Services. Brahma shall not be responsible for losses (i) that had not been caused for non-compliance with its obligations; (ii) lost profit or commercial opportunity losses; (iii) any indirect damage.

The only and direct Controller for the payment transaction from generation, processing until conclusion thereof shall be the third party, other than Brahma, Pagosonline.Net S.A.S. In this regard, we inform that:

Even when the products are available for consultation and purchase through the Site, Brahma is not directly or indirectly responsible for the payments that must be made through it.
Upon conclusion of navigation and choice of products, the User shall proceed to pay the products by the service exclusively operated by Pagosonline.Net S.A.S.
The payment methods available in Pagosonline.Net S.A.S. (Transfer with PSE, Credit Card and payment in Baloto points) shall be used. The User shall be able to choose among them the one of greatest convenience
As a prerequisite for payment of the User, in the platform of Pagosonline.Net S.A.S., the User shall accept the “Terms and Conditions of Use of System Pagosonline.Net S.A.S.” that shall govern the contractual relation between the User and Pagosonline.Net S.A.S.
Brahma does not have any affiliation, association, relation 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 visit www.pagosonline.com.

Questions, Complaints and/or Claims

PERSONAL DATA PROCESSING POLICY

In effect from: December, 2023

Thank you for visiting web page www.brahma.co (the "Site") operated by Stanton SAS (hereinafter “Stanton” or “Brahma”). We respect your privacy and personal information. Stanton informs you that the contents of the Privacy Policy below are applicable to the processing of your personal data collected from the access, use and/or navigation of the Site. For your interaction, use and/or navigation, as well as voluntary delivery of personal data in those cases where this aspect is authorized in the Site (“User”), we understand that you consent and accept the contents of this Policy, for this reason, we invite you then to read carefully the contents hereof.

IDENTIFICATION OF THE RESPONSIBLE FOR THE PROCESSING OF THE INFORMATION:

Legal Entity: Stanton S.A.S
Nit: 860009034
Address: Carrera 42b # 12-64
Email: protecciondatos@stanton.co

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.

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.

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.

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:

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.

Related to the operation of STANTON S.A.S

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:

To receive the resume of a job applicant.
To execute the selection process, as well as conducting interviews, tests, evaluations, inductions, contracts, and information validation.
To store information in physical or digital databases.
In case of employment, to affiliate to the social security system, accounting, and information archiving.
To send internal communications related or unrelated to their employment or contractual relationship.
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.
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.
To respond to employee or contractor requests for certificates, statements, and other documents requested, as a result of the existing or past contractual relationship.
To promote their participation in activities aimed at well-being and a good working environment.
To monitor and use images captured through video surveillance systems to maintain the physical security of people and material objects.
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.
To comply with legal and regulatory obligations applicable to our company.
To fulfill contracted obligations or services.
To comply with internal policies applied for regulatory compliance and organization, such as occupational health and safety, environmental, and other applicable to the company.
To manage procedures, requests, consultations, complaints, and/or congratulations.
To conduct analysis for fraud control and prevention and money laundering, including consultation on restrictive lists, and all necessary information required for SAGRILAFT.

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.

To provide information of interest about products and/or services offered by STANTON S.A.S.
For advice, support, and acquisition of products and/or services.
Comprehensive management and execution of the contracted service with STANTON S.A.S.
To store information in physical or digital databases.
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.
To contact the Data Subject via email for the sending of extracts, account statements, or invoices.
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.
Those indicated in the authorization granted by the data subject or described in the respective privacy notice, as applicable.
To comply with legal and regulatory obligations applicable to our company.
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.
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.
To comply with internal processes regarding the administration of internal and external customers, suppliers, and contractors.
To manage all the information necessary to comply with tax obligations and commercial, corporate, financial, and accounting records of the parties.
To control access to the company's premises and establish security measures, including the establishment of video-monitored areas.
Notification of compliance with payment obligations to suppliers or third parties.
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.
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.
To inform about new products or services related or unrelated to those contracted or acquired by the Data Subject.
To conduct internal studies on compliance with commercial relationships and market studies at all levels.
To respond to legal requirements from administrative and judicial entities.
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.
To verify, control, and monitor the development of processes, activities, and products in accordance with environmental guidelines and quality management.

Visitors of STANTON S.A.S:

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

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.

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.

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.

PROCESSING OF VIDEO RECORDING IMAGES AND BIOMETRIC DATA

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

Recognition of employees in different media such as bulletin boards, bulletins, internal and external newspapers.
Access to the company's facilities.
Protection oriented to the security and surveillance of people and physical facilities.
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.

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.

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.

DATA SUBJECTS' RIGHTS

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

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

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.

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.

CASES WHERE AUTHORIZATION IS NOT REQUIRED

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

Information required by a public or administrative entity in the exercise of its legal functions or by court order.
Public nature and/or consulted data in the Transparency and Access to Information section of public entities.
Cases of medical or health emergency.
Information processing authorized by law for historical, statistical, or scientific purposes.
Data related to the Civil Registry of Persons.

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.

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:

Email: protecciondatos@stanton.co
Address: Carrera 42b # 12 – 64, Bogotá.
Through the "contact us" button on the websites:
- https://www.brahma.co
- https://www.afx.co

PROCEDURE FOR EXERCISING RIGHTS

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.

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.

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.

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.

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.