Terms and Conditions. Processing of Personal Data

Terms and conditions & processing of personal data

CHAPTER I: CONTRACT

1. APPLICATION AND GENERAL INFORMATION

1.1 AMIRA SAS Commercial company identified with NIT 9010585404 with main address Medellín, Colombia (hereinafter ''Amira''), welcomes you to website www.amira.com.co (hereinafter ''Website'').

1.2 These terms and conditions (hereinafter "T&C") establish the provisions that govern the contractual relationship between persons who acquire Amira products through the Website, in person or by telephone (hereinafter "Consumers" or "Consumer").

1.3 We urge Consumers to read this document carefully and in detail before starting to use the Website and purchase products.

1.4 By using our Website and purchasing products offered by Amira, the Consumer agrees to these Terms and Conditions. Therefore, if you do not agree with the provisions set forth herein, please refrain from accepting these terms and conditions and from using our Website.

1.5 By accepting these T&Cs, Consumers will be entering into a contract with Amira in accordance with the terms set forth herein.

2. WARNING

2.1 Only adults may browse the Website and purchase products and, in general, only those who are granted full legal capacity by law.

2.2 It is the responsibility of parents and any other type of representatives to ensure that minors or persons incapable of acquiring rights and obligations do not acquire products offered on the Website.

2.3 Amira is not responsible for any damage or warranty when the acquisition of products is made through third parties and, in general , any type of intermediary not authorized or recognized by Amira.

3. MODIFICATIONS

3.1 The T&Cs may be modified over time, at Amira's discretion.

3.2 In any case, each Consumer will be bound by the T&Cs that are in force and available on the Website at the time of acceptance thereof.

3.3 The T&Cs will be deemed to have been modified upon publication of the modifications on the Website.

3.4 It is the responsibility of Consumers to review the Terms and Conditions that are in force on the Website.

4. SHOPPING

4.1 Purchases through the Website may only be made by persons who have the capacity in accordance with clause 2.2 of these T&Cs.

4.2 Provided there are no technical failures on our Website, product purchases can be made 24 hours a day.

4.3 If the Consumer has any doubt or concern about the purchase process and, in general, about these Terms and Conditions and use of the Website, they should contact our staff through our customer service channels, indicated in clause 17.1.

4.4 Prior to the completion or termination of the purchase, the Consumer will see a summary of the order of all the goods he intends to acquire with the description of their individual price, taxes, additional costs and expenses that he must pay for shipping or for any other concept and the total sum that he must pay.

4.5 Amira will not be responsible for inconsistencies in the purchase of products when such errors correspond to oversights or errors attributable to the Consumer and, in general, to errors that are not attributable to or beyond the control of Amira.

4.6 It is the Consumer's responsibility to verify that the products purchased correspond to those selected, as well as to verify that the total price is correct. Otherwise, the Consumer should not continue with the purchase and, if desired, may inform our staff of the issues.

5. PRICES

5.1 All prices published on the Website include Value Added Tax (VAT).

5.2 Shipping costs will be shown separately to each customer. To find out the total price of the product purchased, you must continue the purchase process, without completing it, and indicate the city and address to which the product will be shipped.

5.3 Amira may modify the advertised prices. To do so, it will announce the new price of the products on the Website. In any case, each Consumer will be bound by the prices in effect at the time of purchase.

5.4 The consumer may only confirm their purchase when they read and accept these T&Cs.

6. PAY

6.1 Electronic purchases of Amira products can be made from any country (with payments via credit card, debit card, Efecty, Baloto and/or cash on delivery), bearing in mind that product deliveries are only made in Colombia.

6.1.1 In the case of credit card and PSE payments or other payment platforms, the following specifications will be taken into account:

1. Credit Card: Visa, MasterCard, American Express and Mastercard Credential.
2. PSE Payments: Through your Savings or Checking account at any bank.
3. Wompy Payments: through your Bancolombia savings, checking or credit card accounts.

6.2 The purchase process through the Website has a secure payment area that guarantees the confidentiality of financial data by taking the purchase directly to the transactional area of ​​your credit or debit card franchise.

6.2.1 Your financial information will be verified by your chosen franchise or bank's server. Amira does not have access to this information at any time. No one can use your data without authorization, as the information is unreadable since it arrives encrypted at the bank, ensuring secure payment through these methods. For added security, this data is not stored on Amira's servers, so you must provide us with all your financial information for each new purchase.

7. SHIPPING

7.1 We only ship within Colombia.

7.2 Once the product purchase has been confirmed, our delivery times will be as follows:

1. Bogotá and Medellín: 2 to 4 business days after purchase confirmation.
2. Other cities in Colombia: 3 to 5 business days after purchase confirmation.

7.3 Purchases made Monday through Friday after 3:00 pm will be scheduled for delivery the following day.

7.4 Purchases made on Saturdays, Sundays and public holidays will be scheduled for delivery on the next business day.

7.5 If purchases are made on special discount days, deliveries will be made up to 4 business days after the order is confirmed.

7.6 Orders will be delivered on working days (Monday to Saturday), excluding Sundays and public holidays.

7.7 Amira will make every effort to ensure that the delivery deadlines set out in these Terms and Conditions are met. However, failure to meet delivery deadlines will not give rise to damages, discounts, or order cancellations.

7.8 During the purchase process, the Consumer may indicate an address different from their personal address. This applies when the purchase is for the purpose of giving a gift or doing someone a favor.

7.9 The option of delivery to concierges can only be given in the case that the Consumer manages on his own to have the person who receives the package sign the guide where evidence of satisfactory delivery.

8. BILL

8.1 If the delivery address is the same as the buyer's address, the invoice will be included with the products. If the delivery address is different from the buyer's address, the invoice will be sent to the buyer by email.

9. WARRANTY AND RETURN POLICY

9.1 In the event of any damage to the received products, the Consumer must contact info@amira.com.co for evaluation of the case. The consumer has one (1) business day after purchase to report the issue.

9.2 In these cases the Consumer will have the right to a refund or to exchange the product for an identical one.

9.3 To ensure well-being and safety, the Consumer must comply with the product handling conditions for its preservation.

9.4 No warranty will be recognized and, therefore, no exchanges or returns will be accepted when:

1. The consumer has misused the item.
2. The consumer has not complied with the storage conditions of the item.
3. The Consumer has not made the request in accordance with the deadline set out in clause 9.1.
4. When the breakdown or failure is due to force majeure or unforeseen circumstances.
5. When the breakdown or failure is caused by a third party.

10. RIGHT OF WITHDRAWAL

10.1 Unless it concerns perishable products, in the case of purchases through the Website, the Consumer will have the right to withdraw provided that it is exercised within five (5) business days following the day of the purchase.

10.2. The consumer must return the product to the producer or supplier using the same method and in the same condition in which it was received. The consumer will be responsible for all shipping and other costs associated with returning the product.

11. POINT SYSTEM

11.1 Amira does not currently offer Consumers a points system that can be used as a means of payment for the purchase of other products offered on the Website.

12. GIFT VOUCHERS

12.1 Amira does not currently have a gift voucher system that allows them to be used as a means of payment for the purchase of other products offered on the Website.

13. DISCOUNT CODES

13.1 Amira may offer discount codes for the purchase of some products.

13.2 The validity of the discount codes will be that established in the advertising campaign announced on the Website.

13.3 With the exception of the birthday discount code, these codes may only be redeemed once. In the case of the birthday discount code, it may be redeemed in up to three (3) different purchase processes.

14. CONSUMER REGISTRATION

14.1 To make online purchases or reservations, the consumer must complete the "Personal Data" registration form in all its fields accurately, precisely and truthfully and undertake to update them when any changes apply.

14.2 The account created through the Website is personal, unique and non-transferable, and it is prohibited for the same Consumer to register or own more than one account or user.

14.3 As a user of this Website, the Consumer assumes responsibility for maintaining the confidentiality of their registered password. This means that the password is for personal use, and we are not responsible for its misuse and/or disclosure to others or third parties.

14.4 Amira is not responsible for the accuracy of the personal data provided by Consumers. Therefore, Consumers guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of the personal data entered.

14.5 If at any time the Consumer wishes to unsubscribe from Amira's customer list, it is only necessary to indicate this by sending an email to info@amira.com.co with the subject: ''I want to stop receiving information''.

15. PROHIBITION ON THE USE OF AMIRA'S IMAGE

The use of Amira's image for commercial purposes is prohibited. Reproduction of images or information from the Website for publication, transmission, distribution, or display, whether for free or for sale, is not permitted.

16. CUSTOMER SERVICE

You can write to us at info@amira.com.co, contact us at 3242822423 or write to us on our Instagram: @amiraesvida.

CHAPTER II: PERSONAL DATA PROCESSING POLICY

17. WHO WE ARE

17.1 AMIRA SAS Commercial company identified with the NIT 9010585404 (hereinafter ''Amira'') with main address at Calle 12 43 D 43, Medellín, Colombia, which for the purposes of this policy will be the legal entity responsible and/or in charge of the processing of personal data provided through the Website.

18. OBJECTIVE AND SCOPE OF AMIRA'S GENERAL POLICY ON THE PROCESSING OF INFORMATION AND PROTECTION OF PERSONAL DATA.

18.1 This chapter contains our policy applicable to the processing of information and personal data, and its purpose is to communicate the type of information we collect from our customers in the sales and service provision processes, the purpose of such information, how we use it, when we share it and how we protect it, as well as the rights of the data subjects and the procedures to exercise them.

18.2 This document is applicable to the processing of information received from our clients, strategic partners and suppliers in each of our business units.

18.3 At Amira, we recognize the importance of the security, privacy, and confidentiality of the personal data that our clients provide through the various portals and applications, and we are committed to the protection and proper handling of said data, in accordance with the legal regime for the protection of personal data applicable in Colombia according to Law 1581 of 2012.

18.4 Amira presumes the veracity of the information provided by our clients and does not verify, nor assume the obligation to verify, such veracity, validity, sufficiency, or authenticity of the data provided by each of them. Therefore, it assumes no responsibility for damages and/or losses of any kind that may arise from the lack of veracity, validity, sufficiency, or authenticity of the information, including damages and losses that may be due to homonymy or identity theft.

19. PERSONAL INFORMATION AND DATA THAT WE OBTAIN.

19.1 At Amira, we collect personal information and data from our clients, strategic partners, and suppliers, which may include, in whole or in part depending on the needs of each product and/or service, among others, the following data:

1. First and last names
2. Email address
3. Landline and mobile phone numbers for contact
4. Age
5. Type and number of identification.
6. Date of birth and gender
7. Mailing or residential address
8. Customer IP address, via cookies
9. Information and/or personal data collected through surveys or other market research methods

19.2 This data may be stored and/or processed on servers located in computer centers, whether owned or contracted with third-party providers, located in different countries, which is authorized by our clients when accepting this policy for the processing of information and personal data.

20. VALIDITY OF THE PROCESSING OF INFORMATION AND PERSONAL DATA.

20.1 The information provided by customers will remain stored for up to ten (10) years from the date of the last processing, to allow us to comply with the legal and/or contractual obligations in charge, especially in accounting, tax and fiscal matters.

21. PURPOSES OF THE PROCESSING OF PERSONAL DATA.

21.1 The information collected by Amira is used to process, confirm, fulfill and provide the services and/or products acquired, directly and/or with the participation of our strategic partners, product or service providers, as well as to promote and advertise our activities, products and services, carry out transactions, make reports to the various administrative control and surveillance authorities, police authorities or judicial authorities, banking entities and/or insurance companies, for internal administrative and/or commercial purposes such as market research, audits, accounting reports, statistical analysis, billing, and offering and/or recognition of benefits inherent to our loyalty programs.

21.2 By accepting this general policy for the processing of information and personal data, our clients, as owners of the collected data, authorize Amira to process them, in whole or in part, including the collection, storage, recording, use, circulation, processing, and deletion of the data provided, for the execution of activities related to the services and products acquired, such as, but not limited to, handling inquiries, complaints and claims, accounting records, correspondence, processing and verification of credit cards, debit cards and other payment instruments, fraud identification and prevention of money laundering and other criminal activities and/or for the operation of loyalty programs and other purposes indicated in this document.

21.3 We inform you that these activities may involve third-party providers (such as providers of security tools for processing banking transactions, contact centers, service operators), our business advisors, and that these activities may be carried out in countries other than the place where the product is acquired, and without prejudice to other purposes that have been reported in this document and in the terms and conditions of each of the products and services of each of our business units.

21.4 Additionally, our clients, as owners of the collected data, by accepting this processing policy, authorize us to:

1. To use the data provided by them electronically, through Websites, smartphone applications, among others, to contact them through the different registered means, email, telephone call, SMS, WhatsApp or other means that allows the delivery of the commercial information necessary to fulfill the service offered by Amira.
2. To use the information received from them for marketing purposes of our products and services, and of the products and services of third parties with whom Amira maintains a business relationship.
3. To provide personal data to police or judicial control and surveillance authorities, pursuant to a legal or regulatory requirement and/or to use or disclose this information and personal data in defense of its rights and/or its assets insofar as such defense is related to the products and/or services contracted by its clients.
4. Allow access to personal information and data to auditors or third parties contracted to carry out internal or external audit processes, inherent to the commercial activity we carry out.
5. Consult and update personal data at any time in order to keep this information up to date.
6. To contract with third parties for the storage and/or processing of personal information and data for the proper execution of contracts entered into with us, under the security and confidentiality standards to which we are bound.
7. Transferring and transmitting personal data to countries other than those where the information is collected, for which Amira will ensure the protection of said data in accordance with the security and confidentiality standards established in this document

22. USE OF COOKIES AND WEB BEACONS.

22.1 Amira may use cookies, web beacons and other similar technologies on its web pages and on the electronic devices used to access them, in order to understand the origin, activities and preferences of its customers when browsing the web, increase the functionality and accessibility of the websites, verify that customers meet the criteria required to process their requests and to adapt its products and services to their needs, and may obtain the following general information:

1. The type of browser and operating system used.
2. Device language.
3. Websites visited.
4. The links that were accessed.
5. The IP address.
6. The site visited before entering Amira's portals.
7. Duration of navigation time.

22.2 These cookies, web beacons, and other similar technologies can be disabled and deleted by the client at any time. For this purpose, the User can consult and/or request assistance from their internet browser.

23. PROTECTION, SECURITY AND CONFIDENTIALITY OF INFORMATION.

23.1 The information of our clients and users is of vital importance to Amira. Therefore, we have established information security policies, procedures, and standards aimed at protecting and preserving the integrity, confidentiality, and availability of information, regardless of the medium or format in which it is stored, its temporary or permanent location, or the way in which it is transmitted. In this regard, we rely on technological security tools and implement industry-recognized security practices, including the transmission and storage of sensitive information through secure mechanisms such as encryption, the use of secure protocols and technological components, restricting access to information to authorized personnel only, data backups, and secure software development practices, among others.

23.2 Third parties contracted by Amira are also obliged to adhere to and comply with the information security policies and manuals, as well as the security protocols that we apply to all our processes.

23.3 Every contract of Amira with third parties (contractors, external consultants, temporary collaborators, etc.) that involves the processing of personal information and data, includes a confidentiality agreement that details its commitments for the protection, care, security and preservation of the confidentiality, integrity and privacy thereof.

24. PROCEDURE FOR EXERCISING THE RIGHTS OF DATA SUBJECTS.

24.1 Customers have the right to access personal data that is under our control and to exercise the rights that they have as data subjects, in accordance with the applicable data protection regulations and as set out in this Information Processing and Data Protection Policy.
The procedures for exercising the rights of the holders will be those provided for in Law 1581 of 2012 and Decree 1377 of 2013.

24.2 Customers have the right to consult and know the details of the processing of personal data that we carry out, as well as to rectify them if they are inaccurate or incomplete and to cancel them when they are not being used in accordance with legal or contractual purposes and terms or according to the purposes and terms contemplated in this Policy.

24.3 To exercise their rights to know, update, rectify and delete their personal data, customers who own said data may do so by sending their request to the email address info@amira.com.co or through our website amira.com.co, in accordance with this policy and providing the following information:

1. First and last names.
2. Document type.
3. Document number.
4. Phone.
5. Email.
6. City and Country
7. Affair.

25. USE OF INTELLECTUAL PROPERTY

25.1 If any data subject or other third party believes that content used in any of our contact and marketing channels infringes their intellectual property rights, they must send a communication with the following information to the addresses indicated above:

1. Personal data: name, address, telephone number and email address of the claimant.
2. Authentic signature, with the personal details of the holder of the infringed intellectual property rights or of the person authorized to act on behalf of and for the account of the holder of the infringed intellectual property rights.
3. Precise and complete indication of the content protected by the infringed intellectual property rights, as well as its location.
4. Express and clear declaration that the use of the indicated content has been carried out without the consent of the holder of the infringed intellectual property rights.
5. Express and clear declaration, made under the claimant's responsibility, that the information provided in the notification is accurate and that the use of the content constitutes a violation of their intellectual property rights.

Claims arising from these events will be subject to the applicable legal procedures for their treatment and resolution, according to their nature and scope.

26. MODIFICATIONS TO THE INFORMATION PROCESSING AND DATA PROTECTION POLICY.

26.1 Amira reserves the right to modify or update this policy at any time in response to new legislation, internal policies, or new requirements for the provision or offering of its services or products. These modifications will be available to the public through our website or via the last email address provided.

27. ACCEPTANCE.

27.1 Each customer accepts the processing of their personal data in accordance with the terms of this Policy, when they provide the data through our service points, including the Contact Center, or when they acquire or use any of our products or services, or when they “click” on the “Accept”, “Book”, “Request”, “Schedule” function or any button that expresses an action or if they continue browsing our websites.

28. GOVERNANCE AND POLITICAL CHANGES.

28.1 Any modification to this policy will require the prior and express authorization of the Habeas Data Committee, which will be composed of the CEO and the Administrative Director. The Habeas Data Committee will meet at the request of any of its members and will analyze the reasons for and scope of the requested or proposed modification, which must be communicated to the company and to third parties belonging to the stakeholder groups through Amira's website. Each modification will be documented in writing, signed by the committee members, and the modifications to the manual will be mandatory and must be implemented immediately.

29. VALIDITY.

29.1 This General Policy for the processing of information and protection of personal data is effective from the date of its publication.

T&C publication date: March 14, 2022.