In compliance with the Habeas Data Law and/or Personal Data Protection Law 1581 of 2012 and its regulatory decree 1377 of 2013, we inform all individuals accessing this website of the following:

By accepting these terms and conditions of use, you indicate that you are aware of and authorize freely, expressly, informed, prior, and voluntary Comestibles Ya S.A.S. to update, compile, disseminate, dispose of, exchange, collect, record, and process your data or information provided at the time of your registration on this website, as well as to transfer such data or information in whole or in part to the areas within this company responsible for addressing your comments, complaints, suggestions, congratulations, and/or concerns in a more personalized and direct manner, using the information you voluntarily provided to our website, as established in the personal data protection policy that can be consulted at https://comestiblesya.com/terminos-y-condiciones-de-uso/. 

Comestibles Ya S.A.S. declares that it protects the data provided by its customers, consumers, suppliers, and employees with whom it has a commercial and/or labor relationship to date, in accordance with the applicable legislation regarding the right to Habeas Data, and informs the entire community that has completed any of the forms for CUSTOMERS, SUPPLIERS, AND CONTACT US, that they have the following rights:

1.- Know, update, rectify, and/or delete their personal data from Comestibles Ya S.A.S., regarding data that they consider partial, inaccurate, incomplete, fragmented, and/or misleading.

2.- Request proof of the authorization granted to Comestibles Ya S.A.S., in its capacity as the responsible party and processor of the collected data.

3.- Be informed by Comestibles Ya S.A.S., upon request, regarding the use that has been made of their personal data.

4.- Lodge complaints with the Superintendence of Industry and Commerce (SIC) for breaches of Law 1581 of 2012, once the consultation or complaint process with Comestibles Ya S.A.S. has been exhausted.

5.- Revoke the authorization and/or request the deletion of the data when the processing does not respect constitutional and legal principles, rights, and guarantees; provided that the Data Subject does not have a legal or contractual duty to remain in the databases, and that Comestibles Ya S.A.S. must respect in compliance with the legal or contractual provisions that may oblige it to the data subject.

6.- Access their personal data free of charge at least once a month, and every time there are substantial modifications to this Information Processing Policy that motivate new inquiries.

Likewise, we inform the entire community that the processing of their personal data or information will consist of the collection, storage, use, circulation, deletion, transmission, transfer, and/or receipt of data, which will be carried out through Comestibles Ya S.A.S. or companies that may become part of the business group of Comestibles Ya S.A.S., third-party data processors, and/or their commercial or business partners, for the following specific purposes for candidates and/or collaborators, shareholders and investors, customers, suppliers, and consumers:  que llegaren a conformar el grupo empresarial  de Comestibles Ya S.A.S., terceros encargados del tratamiento y/o sus aliados comerciales o de negocios, con las siguientes finalidades específicas para candidatos y/o colaboradores, accionistas e inversionistas, clientes, proveedores y consumidores: 

Processing of personal data for candidates and/or collaborators.

Comestibles Ya S.A.S. processes the personal data of individuals who apply for vacant positions and the personal data of its collaborators, during and after the contractual relationship, for the following purposes:

a.- Processing of personal data before the employment relationship

When individuals interested in applying for vacancies at Comestibles Ya S.A.S. must be aware that their data will be processed solely for purposes related to their selection process; their Processing for different purposes is prohibited.

In the event that the selection process is not continued, Comestibles Ya S.A.S. will inform the individual of the negative result of the process, and if requested by the Data Subject, the information provided by the Data Subject will be delivered to them. The information obtained by Comestibles Ya S.A.S. from unsuccessful applicants will be deleted from its information systems.

b.- Processing of personal data during the contractual relationship 

Comestibles Ya S.A.S. processes the personal information of its collaborators to fulfill activities related to the contractual relationship established with them, including but not limited to: personnel management involving, among others, salary and payroll administration (salaries, legal and extralegal social benefits, benefits, reimbursements, insurance, deductions authorized by law, by judicial authority, or by the collaborator); making contributions to the Integral Social Security System; the allocation of work equipment such as communication and computing equipment, workstations, email, and others required by the specifics of the position; contracting insurance; staff development; ensuring the safety and health of employees; issuing employment certificates, advertising campaigns for company-related issues; employee identification for security reasons upon entry into its physical and virtual facilities. Likewise, any other purpose that is compatible and can be considered analogous to those mentioned.

The use of personal information of employees for purposes other than those related to contractual management is prohibited. The different use of employees' personal data and information will only proceed by order of the competent authority, provided that such authority is vested with such power. The above, except for prior written authorization documenting the consent by the data subject or legal provision on the matter.

c.- Processing of personal data after terminating the contractual relationship

The Processing of personal data of Data Subjects who terminate their employment relationship with Comestibles Ya S.A.S., former collaborators, and/or pensioners, will aim to fulfill the obligations arising from the employment relationship that existed, including but not limited to: issuing employment certificates; recognition of pensions and/or pension substitutions, issuance of certificates for the liquidation of pension bonds, certifications for collections and payments of pension portions. The transfer of such information to third parties is prohibited. The above, except for prior written authorization documenting the consent by the data subject or legal provision on the matter."

Personal Data Processing of Shareholders or Investors

The Processing of personal data of shareholders or investors (holders of bonds, shares, and similar) of Comestibles Ya S.A.S. aims to guarantee the exercise of their rights and the fulfillment of their duties arising from their status as shareholders and/or investors in compliance with commercial law and the regulations governing the National Registry of Securities and Issuers in the Public Securities Market in Colombia; likewise, their data will be processed if required in fiscal and statistical activities. The transfer of such information to third parties is prohibited. The above, except for prior written authorization documenting the consent by the Data Subject or legal provision on the matter.

Personal Data Processing of Suppliers

The Processing of personal data of suppliers providing services to Comestibles Ya S.A.S. aims to facilitate the development of the contractual and/or commercial relationship and comply with fiscal and accounting obligations, participate in selection and evaluation processes applicable to suppliers with whom contact is made to provide a service to the company. The transfer of such information to third parties is prohibited. The above, except for prior written authorization documenting the consent by the Data Subject or legal provision on the matter.

Personal Data Processing of Consumers

The Processing of personal data of consumers of products manufactured, distributed, or marketed by Comestibles Ya S.A.S. aims to facilitate the development of the commercial relationship, carry out promotional, advertising, marketing, sales, and customer service activities. The transfer of such information to third parties is prohibited. The above, except for prior written authorization documenting the consent by the Data Subject or legal provision on the matter.

Comestibles Ya S.A.S. in compliance with the habeas data law and/or personal data protection, is concerned about the protection of your personal data. That is why, when you visit our website, we help you maintain control over your data on the Internet. Below, we describe the guidelines we have implemented to protect the information that you, as customers, consumers, and/or suppliers provide to us during your visit to our website.

Welcome to the Comestibles Ya S.A.S. website, by entering this site you assume the obligation to respect the terms and conditions of Use (explained below), Privacy Notice, and Data Protection Policy listed on the Comestibles Ya S.A.S. website.

Before accepting our terms and conditions, please read the following content carefully.

Acceptance of Terms.

By accessing, viewing, and/or using this Website, the user acknowledges having read and understood these terms and conditions of use and agrees to be bound by them and by the applicable Colombian law. When the user uses any service or section provided on this Website, such as: suggestion boxes, classifieds, contests, recipes, and other applications, they will be subject to the Data Protection Policy, Privacy Notice, and these Terms and Conditions of Use. If the user does not agree with the mentioned documents, they must refrain from using, accessing, and/or viewing this Website. Otherwise, the user does so at their own risk, thereby releasing Comestibles Ya S.A.S. from any damages arising from this decision.

Comestibles Ya S.A.S. does not assume any responsibility for the material provided on this Website being appropriate or available to be accessed from those territories or countries where its content is prohibited because it is considered contrary to their regulations. Persons who decide to access this Website from other territories or countries will do so on their own initiative and it is their responsibility to comply with the local laws that apply. Any claim related to the use of our Website and the material contained or available therein is regulated by the laws of the Republic of Colombia. The terms and conditions of use are subject to changes at any time and without prior notice at the sole discretion of Comestibles Ya S.A.S., and all relationships arising with users from the date of modification must adhere to these changes.

Website

This Website is developed to be dedicated to the promotion, advertising, commercialization, and marketing of products manufactured and/or marketed by Comestibles Ya S.A.S. and/or its commercial partners. The Website is owned by the company Comestibles Ya S.A.S., a commercial company established under Colombian laws, domiciled in the municipality of Cota – Cundinamarca, whose main activity is the manufacture and commercialization of food products.

Intellectual Property

Non-personal databases, content, information, reports, graphics, page design and its applications, web pages, HTML code, texts, files, software, product names and catalogs, company names, trademarks, badges, banners, and trade names included on this website are for the exclusive use and property of Comestibles Ya S.A.S. 

Accordingly, the Content may not be copied, distributed, modified, reproduced, or transmitted in any way, nor may it be used in any form or for any purpose without prior express written authorization from Comestibles Ya S.A.S.

Comestibles Ya S.A.S. grants the user a personal, non-transferable, and non-exclusive license and right to display our website on a computer screen, PDA (Personal Digital Assistant) device, Smartphone, Tablet, or any other device that may replace it functionally in the future, under their control, solely for personal, domestic use, and non-commercial purposes, on the condition that the user will not modify the contents and will retain all copyright notices and other proprietary legends.

The comments, ideas, complaints, claims, and suggestions that are spontaneously and freely sent or submitted by users to Comestibles Ya S.A.S. through our website, regarding products, services, promotions, marketing plans, or any other type, will be freely used by Comestibles Ya S.A.S. on the understanding that such messages are not confidential and are not protected by any copyright or intellectual property regulations, and therefore, the user sender of such information may not claim any compensation or participation due to the legitimate commercial use that Comestibles Ya S.A.S. makes of it. If such information is protected by any copyright or intellectual property regulations, its spontaneous communication to Comestibles Ya S.A.S. will be understood to contain a total and irrevocable waiver of the moral and patrimonial rights and privileges that such regulations grant, and the transfer of them to Comestibles Ya S.A.S.

Severability

If any provision contained in these terms and conditions of use is considered null, illegal, or ineffective in any respect by a competent authority, the validity, legality, enforceability, or effectiveness of the remaining provisions herein shall not be affected or annulled by such circumstance.

Provisions Regarding Minors.

The Processing of personal data for children and adolescents will be prohibited, except for those data that are of a public nature, in accordance with article 7 of Law 1581 of 2012, always safeguarding the fundamental and prevailing rights of children and adolescents. Comestibles Ya S.A.S. as the processor and controller of the data, will ensure the correct and appropriate use of them.

If the user is a minor (child or adolescent) or their capacity to act is limited, the use of this Website must be accompanied by the acceptance of the Terms and Conditions of Use by their legal guardian(s) or representative(s).

If the minor or incapable user does not obtain such acceptance, they are not authorized to use this Website. It is understood that their legal guardian(s) or representative(s), as the case may be, have granted the mentioned authorization by simply accessing the Website. The use of the website cannot be carried out by minors without the authorization and consent of their parents or legal representatives. It is the responsibility of the parents of children or adolescents to manage their use of the website, so Comestibles Ya S.A.S. declares its responsibility exempt.

Exclusions of Liability

By accessing the website of Comestibles Ya S.A.S., you agree that the use of the site and the information contained therein is your sole responsibility and at your own risk. Comestibles Ya S.A.S. or any of its collaborators will not guarantee the permanent use of the website without errors or interruptions, as these situations may occur within its operation or maintenance.

Comestibles Ya S.A.S. does not assume any responsibility for any damages or losses, including but not limited to, loss of information or profits, presence of viruses, results of use or inability to use the material on this Website, lost business opportunities, or any other damages, even if the user has notified us of the possibility of such damages, or for any third-party claims, except as expressly stipulated herein.

Under the terms and conditions of use stated herein, Comestibles Ya S.A.S. does not assume any responsibility for the information provided on the Website, including, but not limited to, products and/or services, items of interest, opinions, practical advice, and resolution of concerns. No responsibility is assumed for the impossibility of, or problems with the use of the website or any of the pages that comprise it, including, but not limited to events such as connection or server problems, communication interruptions, technical problems. In the event that the use of the material from the Website results in the need to service, repair, or correct equipment (computer or any other electronic device with access to known or yet to be known internet), the user assumes any costs derived from it. Additionally, Comestibles Ya S.A.S. does not declare that the content provided on the website is applicable to, or suitable for use in, locations outside the Republic of Colombia. Therefore, each user will be responsible for the use they make of this Website in other regions or countries.

Under no circumstances will Comestibles Ya S.A.S. be liable for any direct, indirect, incidental, special, consequential, or emergent damages caused, whether by use or inability to use the Website, including but not limited to those damages arising from reliance on the information on the Website resulting in errors, omissions, interruptions, deletion or corruption of files, viruses, operation or transmission delays, or any other type of operational error.

The information on the Comestibles Ya S.A.S. website is primarily for informational purposes, so it will not be responsible for damages suffered by third parties due to improper use of the website or web portal. This limitation of liability shall apply to all legal actions, even if the described or occurred situations were known by employees or collaborators of Comestibles Ya S.A.S. 

Applicable Law

All matters related to the collection of personal data and the operation of the Comestibles Ya S.A.S. website will be governed by the laws and provisions of the Republic of Colombia.