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.

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.

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.

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.

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. No warranty shall apply if the product presents signs of misuse by the customer.
  • The supplier is entitled to replace, repair or reimburse the money of the product.

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.

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

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.

PERSONAL DATA PROCESSING POLICY

Entry into Force:
December, 2015

Dear User,

Thanks 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.

For all purposes of processing of personal data described herein, the Controller (Responsable) for such processing, as defined in Law 1581 of 2012, shall be Stanton, domiciled in 25Km Bogotá-Sibaté, Colombia, telephone number 031-6919696, Contact email sac@brahma.co.

This Privacy Policy also explains the measures that we have been applying to secure your personal information, as well as the procedures that we follow in collection, use and disclosure of your personal information.

Data protection is a matter of trust and privacy. It is important for us. Therefore, we shall only use your name and your information under the terms provided for in our Privacy Policy and in accordance with the legal mandates authorizing processing of your personal data.

We shall only keep your information for the time require by the Law or according to the relevance of the purposes for which it was collected.

You may visit the site and browse without having to provide personal data. During your visit to the Site, you shall remain anonymous and we shall not be able to identify you at any moment, unless you have an account in the site and log in with your username and password.

COOKIES

Acceptance of cookies is not a requirement to visit the Site. Nonetheless, we would like to indicate that the use of function "my cart" in the Site and accept an order are only possible with the activation of cookies. Cookies are small text files that identify your computer in our server as one sole user. Cookies may be used to recognize your Internet Protocol address, which shall save time while you are in the Site or if you want to log in subsequently. We only use cookies for your convenience when using the site (for instance, to remember who you are when you wish to modify your shopping cart without having to reintroduce your email address) and not to obtain or use any other information about you (e.g. segmented or hidden advertisement). Your browser may be set up not to accept cookies, but this may restrict your use of the Site and limit your experience therein. The use of cookies does not contain or affect personal or private data and does not involve virus risks. For more information about cookies, please visit www.allaboutcookies.org or to obtain information about elimination thereof from the browser, please visit http://www.allaboutcookies.org/manage-cookies/index.html.

SECURITY

We have implemented technical and security measures to prevent unauthorized or illegal access or accidental loss, destruction or occurrence of damages to your information. When data are collected through the Site, we collect your personal data in a safe server. We use software for protection of our servers. When we collect information of cards for electronic payment, we use encryption system Secure Socket Layer (SSL) that codifies said information preventing fraudulent uses. Even though it is not possible to guarantee obtaining a result, these systems have proven to be effective in management of reserved information and since they have mechanisms that prevent access of external threats (i.e. hackers), it is recommended not to send all the details about the credit or debit cards without encrypting electronic communications with us. We keep physical, electronic and procedure protections in relation with collection, storage and disclosure of your information. Our security procedures require that on some occasions we may request you identity proof before revealing personal information. Consider that you are solely responsible for protection against unauthorized access to your password and computer.

DEFINITIONS

For the purposes of this policy, the words defined below shall have the meaning assigned in this chapter, whether written or not in capital letters or plural or singular.

Authorization: Previous, express and informed consent of the holder to conduct Processing of Personal Data.

Privacy Notice: A physical or electronic document or document in any other format generated by the Party Responsible for Processing that is made available for the Holder for Processing of the corresponding Personal Data, which communicates the Holder information about existence of the information processing policies that shall be applicable thereto, the way to access them and the characteristics of the Processing intended for personal data.

Brahma or Controller: Brahma.co

Personal Data: Any information related or that may be related to one or several determined or determinable natural persons.

Sensitive Data: Sensitive data is understood as the data that affect intimacy of the Holder or who undue use may generate discrimination of the Holder, such as data revealing the racial or ethnic origin, political orientation, religious or philosophical convictions, membership in labor unions, social or human right organizations, or organizations promoting the interests of any political party or guaranteeing the rights and guarantees of opposition political parties, as well as data related to health, sexual lie and biometric data, among others.

Processor: A natural or legal, public or private person that, individually or in association with others, conducts Processing of Personal Data on behalf of the Controller for Personal Data.

Controller: A natural or legal, private or public person that, individually or in association with others, makes decisions about the databases and/or Data Processing.

Holder: Natural person whose personal data shall be subject to Processing.

Processing of Personal Data: Any operation or series of operations about Personal Data, such as collection, storage, use, circulation or suppression.

STANDARDS AND APPLICATION CRITERIA

GENERAL PRINCIPLES FOR PROCESSING OF PERSONAL DATA

In the Processing of Personal Data, the following principles shall be followed:

Principle of Purpose: Processing of Personal Data must obey a lawful purpose that shall be informed to the Holder.

Principle of Freedom: Processing of Personal Data may only be exercised with the previous, express and informed consent of the Holder. Personal Data may not be obtained or disclosed without previous authorization or without a legal or judicial order revealing consent of the Holder.

Principle of Truthfulness or Quality: The information subject to processing must be truthful, complete, accurate, updated, verifiable and understandable. Processing of partial, incomplete, fractioned or misleading data is forbidden.

Principle of Transparency: Processing must ensure the right of the Holder of obtaining from Brahma at any time and without restrictions information about existence of data that concern the Holder.

Principle of Restricted Access and Circulation: Personal Data, safe public information, may not be available online or in other mass disclosure or communication means, unless the access is technically controllable to provide restricted knowledge only to authorized Holders or third parties.

Principle of Security: The information subject to Processing shall be managed with technical, human and administrative measures necessary to grant security to the records preventing unauthorized or fraudulent forgery, loss, consultation, use or access.

Principle of Confidentiality: All persons intervening in the Processing of Personal Data are obliged to guarantee confidentiality of the information, including after their relation with any of the works included in processing has ended.

PROCESSING TO WHICH THE DATA AND PURPOSE THEREOF SHALL BE SUBJECT

THIRD PARTIES AND LINKS

Brahma may transfer and/or transmit the personal data subject to processing to companies that are part of its corporate group, that is, parent companies, affiliates or subsidiaries. We may also provide your information to our agents and subcontractors so that they help us with any of the functions mentioned in our Privacy Policy, For example, we may use third parties for delivery of promotion products, collection of your payments, shipping of products or outsourcing of our customer service systems. We may exchange information with third parties for protection against fraud and credit risk reduction. We may transfer our databases containing your personal information if we sell our business or a part thereof. In turn, we may share the personal data collected with third parties that are commercial and/or business associates so that they may offer products and/or services allowing a better value offer intended for Brahma customers. In addition to the provisions of this Privacy Policy, we may not sell or disclose your personal data to third parties without obtaining your previous consent, unless required for the purposes set forth in this Privacy Policy or we are obliged to do so by law. The Site may contain advertisement of third parties and links to other sites or frameworks of other sites. Considering that we are not responsible for the privacy practices or contents of such third parties or other sites, or for any third party to which your data are transferred pursuant to our Privacy Policy.

In consideration of the foregoing, the Personal Data shall be used by Brahma to:

  1. Provide services and products required.
  2. Inform about new products or services, whether related or not to the one hired or purchased by the Holder.
  3. Comply with the obligations contracted with the Holder.
  4. Inform about changes to products or services.
  5. Assess the quality of products or services.
  6. Develop marketing or promotional activities.
  7. Send by mail, email, cell phone or mobile device, - via text messages (SMS and/or MMS) commercial, advertising or promotional information about the products and/or services, events and/or promotions, whether of commercial nature or not, in order to boost, invite, address, execute, inform and, in general, carry out campaigns, promotions or contests of commercial or advertising nature.
  8. Share, including transfer and transmission, personal data to third parties for purposes related to the operation of Brahma.
  9. Conduct internal studies about compliance regarding commercial relations and market studies at all levels.
  10. Answer legal requirements of administrative and legal entities.
  11. Share the personal data collected with third parties having the capacity as commercial and/or business associates so that they can offer products and/or services allowing a better value offer intended for Brahma customers, all of which shall observe provisions of Law 1581 of 2012 and Regulatory Decree 1377 of 2013 thereof. Processing of my personal data may involve collection, storage, use, circulation, suppression, transmission, transfer and/or receipt of data for the purpose for which they were provided.

AUTHORIZATIONS

The Processing of Personal Data made by Brahma requires free, previous, express and informed consent of the Holder of such data. Brahma, in its capacity as Controller for Processing of Personal Data, has made available the necessary mechanism to obtain authorization of the holders ensuring in any case that it is possible to verify granting of such authorization.

The authorization may be granted verbally and/or by a physical or electronic document or document in any other format that allows ensuring later consultation thereof. In any case, the authorization must be granted by the Holder and it shall be possible to verify therein that the Holder knows and accepts that Brahma shall collect and use the information for the purposes informed prior to granting of the authorization.

Accordingly, the authorization requested shall include:

  • Controller for Processing and what data are collected;
  • The purpose of the data processing;
  • The rights of access, correction, update or suppression of personal data provided by the holder; and
  • If Sensitive Data are collected.
  • Additionally, the Holder shall be informed (i) that the Holder is not obliged to authorize processing, and (ii) that delivering this type of information is optional.

PROCEDURE FOR THE EXERCISE OF THE RIGHTS OF KNOWING, UPDATING, RECTIFYING AND SUPPRESSING INFORMATION AND REVOKING THE AUTHORIZATION

Pursuant to Law 1581 of 2012, Users as holders of the personal data are entitled to:

  1. Know, update and rectify their personal data before the Persons Responsible for Processing or in charge of processing. This right may be exercised, among others, regarding partial, inaccurate, incomplete, fractioned or misleading data or data of which processing is expressly forbidden or had been unauthorized.
  2. Request proof of authorization granted to the Controller for Processing, unless there is an express exception as a requirement for processing, in conformity with the provisions of article 10 of Law 1581 of 2012.
  3. Be informed by the Controller for Processing or the Person in Charge of Processing, after request, with respect to the use given to their personal data.
  4. Submit before the Superintendence of Industry and Commerce complaints for infractions of provisions of Law 1581 of 2012 and other modifications or additions thereto.
  5. Revoke the authorization and/or request suppression of the data at any moment of its own volition.
  6. Have free access to your personal data that had been subject to processing, in conformity with the current legal procedure.

EXERCISE OF RIGHTS AND CLAIMS

The exercise of rights, petitions, consultations and claims may be made informing Staton by a written letter and filed in the registered office of Staton, address 25Km Bogotá-Sibaté or by email sac@brahma.co The location of the registered office is 25Km Bogotá-Sibaté, Colombia, telephone number 031-6919696.

This Policy is in force since December 2015. Substantial changes hereto shall be duly informed by Staton.

SECURITY MEASURES

Brahma shall adopt the technical, human and administrative measures that are necessary to provide security for the records preventing forgery, loss, or unauthorized consultation, use or access. Such measures shall observe the minimum requirements established by the current legislation and effectiveness thereof shall be regularly assessed.

CONTROLLER AND CONTACT

Brahma shall be in charge of collection and Processing of Personal Data, the Authorization and records stored, in all cases, preventing that they are deteriorated, lost, altered or used without authorization and it shall be preserve them with due security.

The customer service area shall be in charge of answering petitions, complaints and consultations of data holder. The Information Holders may exercise their rights of knowing, updating, rectifying and suppressing their Personal Data sending communications to sac@brahma.co.

ENTRY INTO FORCE OF MODIFICATIONS AND VALIDITY PERIOD OF DATABASES

This policy shall be applicable as of July 27 2013 and the information provided by the groups of interest shall remain safeguarded for up to a term of five (5) years beginning on the date of the last Processing so that we can comply with the legal and/or contractual obligations under our responsibility specially in accounting and taxing matters.

This policy may be modified at any time and unilaterally by Brahma. Substantial changes shall be duly informed by Stanton to Users under the terms of the Law.