TERMS AND CONDITIONS OF USE

HIGH DEVELOPER S.A.S. Identified with NIT 900.583.944 – 3, with address at Cra 44 # 65-41 Bucaramanga, Santander, Colombia and website https://highdeveloper.com/ (hereinafter the “COMPANY”), establishes the mechanisms, guarantees and instruments of the holders of the information whenever it collects and carries out the processing of personal data of: clients, collaborators, third-party contractors, suppliers, candidate collaborators, and related beneficiaries (hereinafter, the “OWNERS”) who have at their disposal these terms and conditions in order to enforce the rights derived from them.

FIRST. DEFINITIONS

CONTENT: Means all types of information, whether graphic or written, images, audio and video, including, but not limited to the location, advertisements, comments, news, data, scripts, graphics, drawings or images, texts, design, diagrams , maps and interactive features presented by HIGH DEVELOPER SAS on the Platform and in any channel managed by HIGH DEVELOPER SAS (and any underlying software and computer codes), as well as computer programs or algorithms, programming modules, operating manuals, whatever Said Content is generated, provided or in any other way produced or supplied by HIGH DEVELOPER SAS, the Users or third parties on its Platform.

COMMERCE: Refers to any third party that offers its Products and / or Services through the HIGH DEVELOPER S.A.S. platform.

PURCHASE ORDER: Means the particular order of a User for the purchase of certain Products through the Platform.

PROFILE: Means the unique personal account created by each User that accredits the registration in the Platform, based on the personal information provided by the same, which includes their name, surnames, identification number, date of birth, address, telephone, username, email and password or in the case of legal persons, company name, NIT, address and / or any other information that is required for the purposes of its operation will also be requested, including but not limited to the issuance of electronic invoices.

PLATFORM: Means the website or any other portal that comes to be created by HIGH DEVELOPER S.A.S, mobile applications and platform operated by HIGH DEVELOPER S.A.S, through which Users may access the Services.

PRIVACY POLICY: It means the privacy policies of HIGH DEVELOPER S.A.S, which are duly published on the Platform and which are expressly accepted by Clients by accepting this document.

PRODUCT (S) OR SERVICES: Means all the products offered on the Platform including, but not limited to food, goods from the basic family basket, food, beverages, alcoholic beverages, hygiene, beauty, mass consumption, technology, toys, pets, books, magazines, appliances, other food items and / or any other item, product or service that are available on the Platform, including products offered through the Marketplace business unit.

USER: Means any natural or legal person, or representative in any form thereof, who uses or who is registered as such on the Platform or has created a profile on it.

SECOND. USER ACCOUNT: The person who creates a profile corresponds to a User, this is the only person authorized to access the Platform through said User. The User is responsible for supplying accurate, truthful, valid and complete information, including the personal information necessary to bill the Products or Services. The User is responsible for maintaining the confidentiality of any password or account number provided by the User or “THE COMPANY” to access the Platform and / or its Profile.

The Profile of each User is non-transferable and can only be used by the natural or legal person who created it with their personal data. Each User is the sole and absolute responsible for all the activities that occur under their password, account or Profile. THE COMPANY has no control or responsibility over the use of a User’s account and expressly waives any liability derived from it.
In the event that a User suspects that a third party may be accessing the platform under their User account or using their password, they will be responsible for changing their password instantly and must notify THE COMPANY immediately, through the channels that will be published in This document.
By delivering said information, the User authorizes THE COMPANY to validate it by any available means and to act as best it deems appropriate in the events that detect potential fraud or falsehood.
Creation is prohibited

of multiple Profiles, User Accounts and Users associated with the same natural or legal person. If a User forgets the password, he may request through the platform to update it.
If the creation of multiple Users / Profiles / User Accounts associated with the same natural or legal person is identified, THE COMPANY may block said Users and may include Users and their personal information in restrictive lists on the Platform and / or carry out cancellation of your orders.
THIRD. INTELLECTUAL AND INDUSTRIAL PROPERTY. All the contents of the website (including, without limitation, texts, drawings, videos, images and photographs, informative, graphic, advertising material, drawings, text files, audio, databases and software) are the property of THE COMPANY, and They are protected by national or international intellectual and industrial property regulations.
The above, not being able to be modified, copied, altered, transformed, reproduced, adapted or translated by the user or third parties without the express authorization of the owners of said content.
BEDROOM. RIGHTS OF THE HOLDERS
The Holders will have the rights enshrined in the Regulatory Framework and in the contracts entered into with THE COMPANY as applicable, taking into consideration the Protected Information subject to Treatment by THE COMPANY and / or the Related Companies.
The Holders of whom the Personal Data Processing is carried out will have specifically the rights provided by Law 1581 of 2012, specifically, but not limited to those described in Article 8, and all those rules that regulate, add or complement it.
1. Know, update and rectify all your Personal Data that are in THE COMPANY’s Database. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose Treatment is expressly prohibited or has not been authorized.
2. Request proof of the Authorization granted to THE COMPANY for the Processing of your Personal Data. Except when it is expressly excepted as a requirement for Treatment, in accordance with the provisions of article 10 of Law 1581 of 2012.
3. Be informed by THE COMPANY, upon written request, regarding the use given to your Personal Data.
4. Present before the Superintendence of Industry and Commerce complaints for infractions to the provisions of Law 1581 of 2012, Decree 1377 of 2013, Law 1266 of 2008 and other regulations that modify and / or complement them. Faced with complaints that refer to the “ARCARS” rights of the Holders (authorize the Treatment, revoke the Authorization, know, update, rectify or delete their Personal Data), prior compliance with the procedural requirement of having exhausted the process must be given. of consultation or claim before THE COMPANY as Responsible for the Treatment. The revocation and / or deletion will proceed when the Superintendency of Industry and Commerce has determined that the Treatment Manager or the Treatment Manager have engaged in conduct contrary to the Regulatory Framework.
5. Revoke the Authorization and / or request the deletion of your data, unless there is a legal or contractual duty that makes it imperative to keep the information. However, in the event that the Holder decides not to provide THE COMPANY with Personal Data or revoke the Authorization and / or request the deletion of Personal Data, it is possible that it may not be possible to celebrate, execute and / or continue the execution of labor or commercial contracts. or that the Holder cannot take advantage of certain products or services of THE COMPANY. Additionally, it is possible in this case that THE COMPANY cannot provide information about products, services and promotions to the Holder. In some cases, THE COMPANY as an electronic commerce platform and in accordance with the Regulatory Framework, and the provisions of literal e) of article 50 of Law 1480 of 2011 (Consumer Statute), will not be obliged to delete the Personal Data of its Information Systems, having the following legal duty:

6. Free access to your Personal Data that have been subject to Treatment in accordance with the provisions of article 21 of Decree 1377 of 2013 and the other regulations that modify, add or complement it. Refrain from answering questions about sensitive data or about data of children and adolescents (if applicable).
The Holders of Credit Financial Data, (in the cases that THE COMPANY collects this type of data), will have specifically the rights provided by Law 1266 of 2008, specifically, but not limited to those described in Article 6, numeral 3, and all those rules that regulate, add or complement it, as established following:
1. Request proof of the Authorization, when it is required according to Law 1266 of 2008.
2. Go to the Superintendency of Industry and Commerce to file complaints against THE COMPANY as a User for violation of the rules on administration of Personal Credit Data.


FIFTH. DUTIES OF THE COMPANY


THE COMPANY in general, and in accordance with the Regulatory Framework, the legal norms that regulate its legal relationships with the Holders, and in particular, the specific obligations it assumes vis-à-vis the Holders, has as a general duty in the Treatment of Information Protected, respect and guarantee at all times the rights of the Holders, guaranteeing, when applicable and depending on the nature of the information used, the principles established in this Policy.
5.1 Special Duties of THE COMPANY in its capacity as Responsible for the Treatment of Protected Information
The following will be special duties of THE COMPANY as Responsible for the Treatment of Personal Data, in accordance with article 17 of Law 1581 of 2012:
1. Guarantee the Holder, at all times, the full and effective exercise of the right to habeas data.
2. Request and keep, under the conditions established in the Regulatory Framework, a copy of the respective Authorization granted by the Holder, in the case of Protected Information.
3. Properly inform the Holder about the purpose of the collection and the rights that assist him by virtue of the Authorization granted.
4. Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
5. Guarantee that the information provided to the Treatment Manager is true, complete, exact, updated, verifiable and understandable.
6. Update the information, communicating in a timely manner to the Person in Charge of Treatment, all the news regarding the data that you have previously provided and adopt the other necessary measures so that the information provided to it is kept up-to-date.
7. Rectify the information when it is incorrect and communicate the pertinent to the Person in Charge of Treatment.
8. Provide the Treatment Manager, as the case may be, only data whose Treatment is previously authorized.
9. Require the Treatment Manager, at all times, to respect the security and privacy conditions of the Owner’s information.
10. Adopt this Policy to guarantee adequate compliance with the Regulatory Framework, and especially, for the attention of queries and claims.
11. Process the inquiries and claims of the Holders related to the Protected Information, formulated as established in the Regulatory Framework and in this Policy.
12. Inform the Treatment Manager when certain information is under discussion by the Holder, once the claim has been submitted and the respective process has not been completed.
13. Inform at the request of the Holder about the use given to her Personal Data.
14. Inform the Superintendency of Industry and Commerce as the data protection authority when there are violations of the security codes and there are risks in the administration of the information of the Holders.
15. Comply with the instructions and requirements issued by the Superintendency of Industry and Commerce.


SIXTH. CLAIMS AND CUSTOMER SERVICE


THE COMPANY will receive and process the requests, requests, complaints and claims made by the User in the eventualities arising from the service provided by the company, including the delivery times and quality of the Products, among other cases, through the center help provided on the Platform, through the email [email protected] (mailto: [email protected]) or through the different service channels that can be found on the Platform. In the event that the purchase involves the Product of a Merchant, any claim received from said Merchant will be notified so that it can directly address said claim with the User.
SEVENTH. SETTLEMENT OF CLAIMS.
All requests will be answered in a maximum of 48 hours and must be resolved, if the conditions with the User allow it in a maximum time of five (5) business days as established by current legislation and by the internal policies of THE COMPANY. for PQR care. In the event that due to external conditions, problems arise that prevent us from responding to user requests in the maximum time indicated, THE COMPANY will notify the estimated response time by email in order to to keep the client informed.
1. The claim will be formulated by means of a request addressed to the Customer Service department of “THE COMPANY”, which includes the identification of the Holder of the Protected Information, the description of the facts that give rise to the claim and the address, accompanying the documents that you want to enforce. If the claim is incomplete, the interested party will be required within five (5) days after receiving the claim to correct the faults. After two (2) months from the date of the request, without the applicant submitting the required information, it will be understood that he has withdrawn the claim.
2. In the event that the person who receives the claim is not competent to resolve it, he / she will transfer it to the corresponding person within a maximum term of two (2) business days and will inform the interested party of the situation.
3. Once the complete claim has been received, a legend that says “claim in process” and the reason for it will be included in the Database, within a term of no more than two (2) business days. Said legend must be kept until the claim is decided.
4. The maximum term to attend the claim will be fifteen (15) business days from the day following the date of receipt. When it is not possible to attend the claim within said term, the interested party will be informed of the reasons for the delay and the date on which their claim will be addressed, which in no case may exceed eight (8) business days following the expiration of the first finished.
In accordance with the provisions of article 16 of Law 1581, the Holder or successor in title may only file a complaint with the Superintendency of Industry and Commerce once the claim process has been exhausted before “THE COMPANY” as Responsible for the Treatment or before the Person in Charge of Treatment correspondent.


EIGHTH. LIMITATION OF LIABILITY


The User accepts that THE COMPANY is not responsible for any direct, indirect, loss of profit, consequential damage, incidental, special or consequential damage, arising from or in relation to (i) the use of the Platform by any User; or (ii) in relation to the performance or navigation on the Platform or its links to other websites, even if THE COMPANY has been informed of the possibility of such damages.
In addition, the User accepts that THE COMPANY is not responsible for the damages derived from the interruption, suspension or termination of the Services, including without limitation direct, indirect, lost profits, consequential damages, incidental, special or consequential damages, even when said interruption, suspension was justified or not. In no case the total responsibility before the User for any kind of losses may exceed the amounts paid by the latter to “THE COMPANY”.


NINETH. RELEASE OF LIABILITY OF HIGH DEVELOPER S.A.S FOR THE UNDUE PROPORTION OF INFORMATION BY THE USER.


The delivery of information by the User for the creation of their Profile and / or the information necessary to access any Product or Service will be the sole responsibility of the User. Errors in the writing, completion and veracity of the same will not generate any responsibility to THE COMPANY and the User will be responsible for the consequences that the undue proportion of information may generate in the provision of the Services or Products.
HIGH DEVELOPER SAS does not assume any responsibility for problems or for the inability to use this site or any of the websites that make it up, including but not limited to events such as server or connection problems, interruptions in communication , technical problems.
The User declares that he knows that the undue proportion of the information may impact the delivery times of the Products and / or Services included in the Purchase Order, and may even cause its cancellation.


TENTH. PRIVACY POLICY AND DATA MANAGEMENT. THE HOLDERS

Expressly authorize THE COMPANY to process their personal data and other information that is collected. User information and other content published on the Site, which have the quality of personal data in accordance with the provisions of Law 1581 of 2012, will be treated as confidential and protected by that. By means of the approval of these Terms and Conditions, it is understood that THE HOLDERS have read, understood and accepted them, in each and every one of their parts, and understand that they are legally binding and mandatory in their entirety.
Customers (hereinafter THE HOLDERS) registered in the COVERTY mobile application are informed of the privacy policies signed with THE COMPANY in relation to the access granted to the latter, when accepting these terms and conditions, to read the battery percentage that the user’s mobile device user in order to warn the next download of your device. It is essential for each user of THE PLATFORM to carefully read this document before accessing and / or using the services offered through it.


ELEVENTH. UPDATE AND MODIFICATION OF THE POLICY


“THE COMPANY” may modify and / or update this Policy at any time in compliance with the requirements established in the Regulatory Framework. The duly updated Policy will indicate the update date, which will be published in a timely manner on the Platform, the Web Portal of “THE COMPANY” and the Mobile Applications of HIGH DEVELOPER SAS or the Related Companies and may be informed by email or any other suitable means to the Holder of the Protected Information. Except for substantial changes in this Policy regarding the identification of “THE COMPANY”, and the purposes of the Treatment of Personal Data, “THE COMPANY” will communicate the same through: (a) the Web Portal and Mobile Applications, and (b) by e-mail to the Holder of Personal Data before implementing the new privacy policy. Additionally, “THE COMPANY” will obtain a new Authorization from the Owner of the Personal Data when the substantial change refers to the purpose of the Treatment.


TWELFTH. VALIDITY


This Policy will be in full force and effect as of October sixteen (16), two thousand and twenty (2020).