In compliance with the provisions of Law 1581 of 2012, partially regulated by Decree 1377 of 2013 and Decree 886 of 2014, consolidated in the National Single Decree of the Commerce, Industry, and Tourism Sector 1074 of 2015 (Articles 2.2.2.25.1.1. to 2.2.2.26.3.4), this document adopts the PRIVACY POLICY, INFORMATION CONFIDENTIALITY, AND PERSONAL DATA “MOXEFOODS” with the purpose of protecting the personal information provided by USERS AND/OR CLIENTS of “MOXEFOODS.”

Through our website and in the provision of our services, Data such as names, email addresses, telephone numbers, among others, may be collected from USERS AND/OR CLIENTS. For this reason, and to protect the Personal Data of our USERS AND/OR CLIENTS in accordance with national and international legislation governing this matter, we hereby outline the following PRIVACY POLICY, INFORMATION CONFIDENTIALITY, AND PERSONAL DATA to be observed during the access, use, and continuation of services provided by “MOXEFOODS.”

OBJECT

To regulate the policies and procedures applicable to the handling of Personal Data information of USERS AND/OR CLIENTS by “MOXEFOODS” in accordance with the provisions of Law 1581 of 2012, Decree 1377 of 2013, and other national and international regulations governing the matter.

RESPONSIBLE PARTY FOR DATA PROCESSING

“MOXEFOODS” through the company MOXE S.A.S, identified with N.I.T. 901648874-0 incorporated under the laws of the Republic of Colombia, duly registered with the Chamber of Commerce of Bogotá, will be responsible for the proper Processing of the Data provided by USERS AND/OR CLIENTS in the use of MOXEFOODS services.

USERS AND/OR CLIENTS may exercise their rights to know, update, rectify their Personal Data, make inquiries, complaints, and other rights as indicated in Article 8 of Law 1581 of 2012 and other complementary or replacement regulations.

SCOPE

This PRIVACY POLICY, INFORMATION CONFIDENTIALITY, AND PERSONAL DATA apply to Personal Data of natural persons registered in the Databases related to USERS AND/OR CLIENTS, which are subject to Processing. It applies to Personal Data that is collected and managed by MOXEFOODS.

DEFINITIONS

For the application of the rules and procedures established in this PRIVACY POLICY, INFORMATION CONFIDENTIALITY, AND PERSONAL DATA, and in accordance with Article 3 of Statutory Law 1581 of 2012, the following terms are understood as:

Authorization: Prior, express, and informed consent of the USER AND/OR CLIENT for the Processing of Personal Data.
Database: Organized set of Personal Data subject to Processing.
Privacy Notice: Physical, electronic, or any other format document generated by the Data Controller, made available to the USER AND/OR CLIENT for the Processing of their Personal Data. Through this notice, the USER AND/OR CLIENT is informed of the information, the existence of applicable policies for the Processing of their Personal Data, how to access them, and the characteristics of the Processing of Personal Data.
Personal Data: Any information linked or that can be associated with one or more specific natural persons, such as name, identification number, age, address, region, country, city, postal code, landline telephone number, mobile phone number, email address, advertising preferences, consumption preferences, channel preferences, complaints and claims, service updates, basic and personal data, contact details, demographic data, taste preferences, and habits data.
Sensitive Data: Sensitive data refers to those that affect the privacy of the USER AND/OR CLIENT or whose improper use may lead to discrimination, such as those revealing racial or ethnic origin, political orientation, religious or philosophical beliefs, membership in unions, social organizations, human rights organizations, or those 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.
Data Processor: Natural or legal person, public or private, who, on their own or in association with others, carries out the Processing of Personal Data on behalf of the Data Controller.
Data Controller: Natural or legal person, public or private, who, alone or in association with others, decides on the Database and/or the Processing of Data.
Data Subject: Natural person whose Personal Data are subject to Processing.
Processing: Any operation or set of operations on Personal Data, such as collection, storage, use, circulation, or deletion of Data, in any known technology or yet to be known.

RIGHTS OF DATA SUBJECTS:

In accordance with Article 8 of Statutory Law 1581 of 2012, the USER AND/OR CLIENT, as the holder of Personal Data, has the following rights:

To know, update, and rectify their Personal Data, as a Data Controller and Processor.
To request proof of the authorization granted to MOXEFOODS.
To be informed by MOXEFOODS regarding the use given to their Personal Data.
To lodge complaints with the Superintendence of Industry and Commerce for breaches of the provisions of Statutory Law 1581 of 2012, after completing the consultation or complaint process as indicated in the mentioned Law.
To revoke the authorization and/or request the deletion of the data when the Processing does not comply with the constitutional and legal principles, rights, and guarantees.
To access their Personal Data free of charge, which have been subject to Processing.
DUTIES OF “MOXEFOODS” REGARDING THE PROCESSING OF PERSONAL DATA AS DATA CONTROLLERS AND PROCESSORS:

It is stated that the Personal Data subject to Processing are owned by the individuals to whom they refer, and they are empowered to dispose of them. Based on this, MOXEFOODS will only use Personal Data in accordance with the purposes established by law and respecting the provisions of Statutory Law 1581 of 2012.

In accordance with Article 17 of Statutory Law 1581 of 2012, MOXEFOODS undertakes to comply with the following duties:

To guarantee the USER AND/OR CLIENT at all times the full and effective exercise of the right to habeas data.
To request and keep a copy of the respective authorization granted by the USER AND/OR CLIENT.
To carry out, in the terms provided in Articles 14 and 15 of Statutory Law 1581 of 2012, the updating, rectification, or deletion of Data.
To handle queries and complaints submitted by USERS AND/OR CLIENTS in the terms indicated in Article 14 of Statutory Law 1581 of 2012.
To keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, unauthorized use, or access.
To include in the Databases the legend “information under judicial discussion” once notified by the competent authority about judicial processes related to the quality or details of the Personal Data.
To inform the Superintendence of Industry and Commerce of security breaches and risks in the administration of the information of USERS AND/OR CLIENTS.
To handle queries and complaints submitted by USERS AND/OR CLIENTS regarding information.
To comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.
To apply the rules regulating Statutory Law 1581 of 2012.

GENERAL PROCESSING OF INFORMATION:

This information will not be shared, disclosed, or sold to third parties, nor will it be used for SPAM, and readers may unsubscribe from our list at any time through our multiple channels, thereby eliminating any electronic communication to that person. MOXEFOODS will do everything possible to protect the privacy of your information. It may happen that due to court orders or legal regulations, MOXEFOODS is required to disclose information to authorities or third parties under certain circumstances, or in cases where third parties may intercept or access certain information or Data transmissions, in which case MOXEFOODS is not responsible for the information disclosed.

USE AND PRIVACY OF INFORMATION:

In accordance with Law 1581 of 2012, MOXEFOODS may collect information provided by USERS AND/OR CLIENTS when using MOXEFOODS services; in which case, they accept the PRIVACY POLICY, INFORMATION CONFIDENTIALITY, AND PERSONAL DATA described here. The information may be accessed by MOXEFOODS, which is solely responsible for its use.

Through the completion of Data by USERS AND/OR CLIENTS, all kinds of information related to: Name of natural or legal person, email addresses, telephone numbers, cell phones, among others, as described in the following section, will be captured.

USERS AND/OR CLIENTS have the possibility to file a complaint with the competent Control Authority, which for Colombia is the SUPERINTENDENCE OF INDUSTRY AND COMMERCE, if they have not obtained satisfaction in the exercise of their rights and as a last resort.

Regarding Data considered sensitive under the terms of Law 1581 of 2012, USERS AND/OR CLIENTS are not obliged to authorize their Processing. Regarding Personal Data of Children and Adolescents; when collected, they will be processed in accordance with Article 7 of Law 1581 of 2013 and Article 12 of Decree 1377 of 2013 and according to the purposes established in this PRIVACY POLICY, INFORMATION CONFIDENTIALITY, AND PERSONAL DATA, as applicable.

DATA CAPTURED BY MOXEFOODS

The main Data of USERS AND/OR CLIENTS captured by MOXEFOODS are as follows:

Names and surnames.
Identification document.
Telephones.
Email address.
Delivery address and physical shipping address
PURPOSES OF DATA CAPTURE.

The Data provided by USERS AND/OR CLIENTS of MOXEFOODS, collected in accordance with the provisions