Privacy Policy and Treatment of Personal Data

Information about the data controller:

Razón Social: FRUTISIMA USA LLC
EIN: 88-1165313
Country: USA
Dirección: 1683nNE 171 ST N.MIAMI BEACH, FL
Teléfono: +1 3053072536
Contact email for matters related to Personal Data Protection marketing@frutisima.co

Welcome to usa.frutisima.co
This document describes the general terms, conditions and privacy policies applicable to access and use of the services provided by Frutisima Ltda within the site www.frutisima.co and other related web domains, where these terms and conditions are included. By accessing www.frutisima.co you must know and accept the terms and conditions of use, privacy policy and legal notices and accept the use of the website under your sole responsibility. Frutisima usa llc websites are provided on an “as is” basis. Frutisima usa llc informs you of the privacy notice, in accordance with personal data protection laws.

FRUTISIMA usa llc, as responsible and in charge of the processing of personal data and in compliance with the Personal Data Protection Law and its regulatory decree, informs that the processing of information is subject to the personal data protection policy of Frutisima usa llc that the treatment of the same will continue for the indicated purposes, unless the owner of the information expressly states them within thirty (30) business days counted from this communication. If, on the contrary, after said term we have not received any request to delete your data, Frutisima usa llc will continue to process your data in accordance with the data processing policy.

Frutisima usa llc assumes its obligations as responsible for the data of the people we have contacted in execution of our corporate purpose or in commercial or marketing activities, for which we consider you as the owner of some information in our database. Our website uses the information in order to provide the best possible service, particularly to maintain a record of users, of orders, if applicable, and to improve our products and services. It is possible that periodic emails are sent through our site with promotions, new products, ingredient benefits and other advertising information that we consider relevant to You, these emails will be sent to the email address that You provide. If you do not want to receive more information from us, you can cancel the subscription at any time.

In accordance with the aforementioned law, it is necessary that you grant us authorization to continue processing your personal data in order to communicate information that may be of interest to you. We are pleased to inform you that the data processing will be completely private and that your personal data will be used by Frutisima usa llc for informational, commercial, promotional, loyalty campaigns and other purposes in relation to our experience center. The owner of personal data has the right to:
Know, update and rectify your personal data.
Revoke the authorization to process your personal data. Be informed of the use we give to your personal data. Request proof of authorization for the use of personal data. Submit complaints if you consider that Frutisima usa llc has in any way violated the right to protection and proper treatment of personal data. Request a list of your personal data. Provide your personal data only to those persons authorized by law or by you.

By entering and/or using this website, the user acknowledges having read and understood these terms, general conditions and privacy policies and agrees with them and with all applicable laws and regulations. In addition, when the user uses any service provided on this site, for example, chat, whatsapp, email, social networks, contests, he will be subject to the rules, guides, policies, terms and conditions applicable to said service. By accepting the terms, general conditions and privacy policies, you indicate that you know and freely, previously, voluntarily, expressly and duly authorize Frutisima usa llc, to collect, register, process, disseminate, compile, exchange, update and dispose of the data or partial information provided at the time of registration on the related website, as well as to use said information so that Frutisima Ltda can offer its products and services to its customers in a more personalized and direct way, using the information that you voluntarily provided in this registration made on the Frutisima Ltda website. In the event that the user does not agree with these terms, they must leave the site and refrain from using this website. This site is administered by Frutisima Ltda from its offices located in Colombia. Frutisima Ltda and Frutisima usa llc is not responsible for the material on this site being appropriate or available for use in Colombia, USA and other countries, its use from territories where its content does not comply with the regulations and is illegal is prohibited. Those who decide to access this site from other countries do so on their own initiative and it is their responsibility to abide by applicable local laws. Any claim in connection with the use of this site and the material in the content is governed by the laws of Colombia.

These terms and conditions and the privacy policies are subject to change without prior notice at any time, at the sole discretion of Frutisima Usa llc and from the date of modification said modifications will take effect. Frutisima usa llc reserves the right to make changes to the website, terms and conditions, privacy policies and legal notices at any time. Each time you wish to access the website, you must consult the terms and conditions of use, privacy policies and legal notices in force at that time, which apply to the transactions and use of the site. If you do not agree with the Frutisima usa llc website, its content, with the terms and conditions of use, privacy policies and legal notices in force at that time, you agree that the only available remedy is to leave the website. de Frutisima usa llc. Misusing the site, misrepresenting a user’s identity, using buying agents, and engaging in fraudulent activities on the site are prohibited. www.frutisima.co, its related domains as well as the digital content and its social networks. www.frutisima.co is a website dedicated to electronic commerce through Frutisima usa llc and whose main activity of the website is the retail and wholesale trade of frozen natural products through the market place. POLICY FOR THE PROCESSING OF PERSONAL DATA FRUTISIMA USA LLC. RESPONSIBLE FOR TREATMENT: Frutisima usa llc, a company legally constituted under the laws of the United States, domiciled in the city of N. Miami Beach and identified with EIN 88-1165313.
GENERAL DESCRIPTION: Frutisima Usa llc agrees with the provisions of the regulatory decree and other complementary provisions, adopts the following personal data processing policy, which will be applied by Frutisima usa llc in all matters related to the collection, storage, use , circulation, deletion, and in general to all the different activities that constitute or may constitute the processing of personal data in accordance with current legislation.

DEFINITIONS:
To apply the provisions of this policy, it is understood by:
Business Partners: Any legal or natural person that promotes, offers or sells its own or third-party products and/or services, with which Frutisima usa llc has a business relationship for the development and breadth of its portfolio. Authorization: Prior, express and informed consent of the owner to carry out the processing of personal data in accordance with this personal data processing policy. Authorized: It refers to all the people who, under the responsibility of the company, can process personal data. Privacy notice: Verbal communication, written or sent through any current technological means, generated by the person in charge or by any third party designated by him for the purposes, addressed to the owner for the treatment of his personal data, through which he is informed about the existence of the personal data processing policies that will be applicable, the way to access them and the purposes of the treatment that is intended to be given to the personal data provided. Database: Means the organized set of personal data that are subject to treatment, electronic or not, whatever the modality of its formation, storage, organization and access.

Consultation: Means the request of the holder of personal data, of the persons authorized by him, or the authorities by Law, to know the information that rests on him in the database of the person in charge. Personal data(s): Any information linked or that can be associated with one or more determined or determinable natural persons. For the purposes of this policy, the following will be personal data, among others: name, surname, age, gender, marital status, email, correspondence address, identification number, date of birth, telephone number and profession. Private data: It is the data that by nature is intimate or reserved and is only relevant to the owner. Sensitive data(s): Sensitive data is understood to be those that affect the privacy of the owner or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions. , the membership of unions, social organizations, human rights that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sexual life, and biometric data . Responsible for the treatment: It is the natural or legal person that carries out the processing of personal data, based on a delegation made by the person in charge, receiving instructions about the way in which the data should be managed. Claim: Refers to the request of the owner of the personal data or of the persons authorized by it or by the Law to correct, update or delete their personal data or when they warn that there is an alleged breach of the data protection regime. Responsible for the treatment: Natural or legal person, public or private, that by itself or in association with others, decides on the purpose of the database and/or the treatment thereof. Holder: It is the natural or legal person whose personal data is subject to the processing of said data. Transfer: This is the operation carried out by the person in charge or in charge of processing personal data, when they send the information to another national or international receiver, who, in turn, becomes the person in charge.

Transmission: Processing of personal data that implies the communication of the same within or outside the territory of the United States when its purpose is to carry out a treatment by the person in charge on behalf of the person in charge. Treatment of Personal Data: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or deletion. The treatment can be national or international.

PRINCIPLES: Frutisima Ltda will define its personal data processing policy taking into account the following principles:
Principle of purpose: The processing of personal data must obey a legitimate purpose in accordance with the political constitution of the United States and the Law, which must be informed to the owner. Principle of freedom: Treatment can only be exercised with the prior, express and informed consent of the owner. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that reveals consent. Principle of veracity or quality: The information subject to treatment must be truthful, complete, exact, updated, verifiable and understandable. The processing of partial, incomplete, fragmented or error-inducing data is prohibited. Principle of transparency: In the treatment, the right of the owner to obtain, at any time and without restrictions, information about the existence of data that concerns him or her must be guaranteed. Principle of access and restricted circulation: Personal data, except for public information, may not be available on the Internet or other means of disclosure or mass communication, unless access is technically controllable to provide restricted knowledge only to the owner or authorized third parties such as conforms to the Law.Principle of security: The information subject to treatment must be handled with the technical, human and administrative measures that are necessary to grant security to the records, avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.

Confidentiality principle: All persons involved in the processing of personal data are obliged to guarantee the confidentiality of the information, even after the end of their relationship with any of the tasks that comprise the treatment, being able to only supply or communicate data. when this corresponds to the development of activities expressly authorized in the Law. Data processing policy: Refers to the terms and conditions contained in this personal data processing policy. TREATMENT AND PURPOSE OF THE COLLECTION OF PERSONAL DATA:
Frutisima usa llc, will carry out the processing of personal data for the fulfillment of the activities of its corporate purpose, all in accordance with the provisions of the laws, regulatory decrees and other complementary provisions. The treatment may be carried out through electronic, physical, automated means and/or using any digital means known or to be known, which may vary depending on the way the information is collected. The purpose for which Frutisima usa llc collects, stores, uses, purges, analyzes, treats, circulates, directly or indirectly transmits or transfers Personal data of the owner, is:
The proper development of its corporate purpose, including the use of data for the execution of the contractual relationship, business or commercial alliance with its clients, contractors, suppliers, allies, users, employees and third parties.
Promote their services and products and those of their affiliates, affiliates, subsidiaries and third-party business partners and their allies.
Deliver or send your personal data to related companies, affiliates, subsidiaries and third-party commercial allies and their allies that require the information for the purposes described here.
Achieve efficient communication related to its products, services, studies, offers, as well as its affiliates, subsidiaries, affiliates, third-party business partners and their allies to facilitate general access to the information collected.
Send through any means of communication that is created or is going to be created, advertising, promotional and marketing information of its own, of its affiliates, affiliates, subsidiaries, of third-party commercial allies of allies of these; the implementation of a global marketing strategy aimed at promoting and advertising its products, services, offers, promotions, invitations, discounts, prizes, loyalty programs, campaigns, raffles, among others.

Provide the information to third parties or commercial allies with whom Frutisima Ltda has a contractual relationship and that it is necessary to deliver it for the fulfillment of the contracted object.
Contact, manage procedures (PQR’s) and perform quality assessments of products and services, and in general for updating data and other marketing and administration activities necessary for the full development of its corporate purpose, as well as its affiliates, linked , subsidiaries, third-party commercial allies or their allies. Inform about new products or services that are related to the development of the corporate purpose, its relatives, affiliates, subsidiaries, third-party allies, or their allies.
Conduct internal research on consumer habits.
Sort, classify, or separate the information provided; as well as to verify, confirm, validate, investigate, and compare the information provided by the owner with any information obtained legally.
Security and improvement of the service and the holder’s experience through the portal.
Carry out the necessary tax, accounting, fiscal and billing procedures. Comply with the obligations contracted by Frutisima usa llc with the Holder of the information, in relation to the payment of salaries, social benefits and other remuneration enshrined in the employment contract as provided by Law (in the case of employees of the organization).

First paragraph: The personal data that is provided by the owner will be treated and used only for the purposes set forth herein, and for a period counted from the moment the authorization was granted until the term determined for the validity of the company Frutisima usa llc. Paragraph two: The information provided by the owner will be shared with agencies, information managers, service providers, business partners, allies of these, and third parties in general that provide services to FrutisimaLtda usa llc or third parties on behalf of FrutisimaLtda Ltda.Third Paragraph: Frutisima Ltda Ltda does not request or perform treatment on sustainable data. Fourth Paragraph: Frutisima Ltda. guarantees that the mechanisms through which it makes use of personal data are safe and confidential, since it has the appropriate technological means.
AUTHORIZATION: The collection, storage, use, purification, analysis, circulation, transmission or transfer, or deletion of personal data by Frutisima Ltda always requires the prior, express and informed consent of the owner of the personal data.
The authorization can be recorded in a physical, electronic document or any other means that guarantees its subsequent consultation, or through a suitable technical or technological mechanism through which it can be concluded that the owner granted his authorization to store his data in our database. data. For the purposes, authorization is understood as that given through technological mechanisms such as, but not limited to a “click” of acceptance of our terms and conditions and the policy for the treatment of personal data, at the time of entering your data for the sending of emails, or “Newsletter”; the completion of forms on the site www.frutisima.co and/or by subscribing through third-party applications such as, but not limited to, Facebook, Instagram, Youtube, Pinterest, Tiktok or Linkedin.

With this Consent Authorization procedure, it is expressly guaranteed that the Owner of the Personal Data knows and accepts that Frutisima usa llc will collect it. will store, use, purge, analyze, circulate, transmit, transfer, update or delete in the terms of the Law, the information for the purposes that it informs to that effect prior to the granting of the authorization, and for the purpose contained in this document.
The authorization requested by Frutisima usa llc will establish at least:
Full identification of the person from whom Personal data is collected
The purpose of the processing of personal data.
The rights of access, correction, updating or deletion of personal data provided by the owner of these.
It will be the responsibility of Frutisima usa llc to take the necessary measures to keep records of when and how authorization was obtained from the owners.
The Holder of the personal data may request at any time and without limitation of any kind, the deletion of their data and/or revoke the authorization granted for the treatment of these. Paragraph: It will be the obligation of Frutisima usa llc and in particular of the marketing area to keep a record and have support of all the authorizations issued by the owner. All media must be available at all times while the processing of personal data is carried out and five (5) years more. For storage Frutisima usa llc may use computer, electronic or any other technology.

TRANSFER AND INTERNATIONAL TRANSMISSION OF DATA: The owner authorizes Frutisima usa llc to carry out the international transfer or transmission of personal data, guaranteeing adequate levels for their protection and compliance with the requirements contemplated in the Law and its regulatory decrees; likewise, it authorizes Frutisima usa llc to send and/or transfer international personal data to one or several managers located inside or outside the national territory for the processing of Personal data under the terms of the Law and its Regulatory Decrees.
RIGHTS OF THE INFORMATION HOLDER: The owner of personal data will have the following rights:
Know, update and rectify your personal data in front of Frutisima usa llc. This right may be exercised, among others, against partial, inaccurate, incomplete, franchised, misleading data, or those whose treatment is expressly prohibited or has not been authorized.
Request when appropriate proof of the authorization granted to Frutisima usa llc.
Be informed by Frutisima usa llc or the person in charge of the treatment, regarding the use that has given your personal data. Submit complaints for violations of the provisions of the Law, after exhausting the claims procedure established in the personal data processing policy.
Revoke the authorization and/or request the deletion of personal data when the principles, rights and constitutional and legal guarantees are not respected in the treatment. In the same way, the revocation and/or deletion will proceed when the law has determined that those responsible or in charge have incurred in conduct contrary to this law and the constitution.
Free access to your personal data that has been processed.

DUTIES OF FRUTISIMA USA LLC As the person responsible for the processing of personal data, Frutisima usa llc, its contractors and its employees undertake to comply with the following duties:
Guarantee the owner of the information, at all times, the full and effective exercise of the right of habeas data.
Keep a copy of the communication and the respective authorization granted by the Holder.
Duly inform the owner about the purpose of the collection and the rights that assist him by virtue of the authorization granted
Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
In case of sharing and/or updating the information with someone in charge of the treatment, guarantee that the authorization given by the owner is sufficient and that the information itself is truthful, exact, complete, updated, verifiable and understandable.
Process queries and claims made by the owner under the terms of this manual and personal data processing policy of Frutisima usa llc.
Inform at the request of the owner about the use of data. Inform 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.
Comply with the other provisions contained in the Law and in the regulatory decrees.
Register in the database “claim in process” when appropriate.
Insert in the database “information under judicial discussion” once notified by the competent authority about judicial processes related to the quality of personal data.
Refrain from circulating information that is being controversial by the owner and whose blocking has been ordered by law. Allow access to information only to people who can have access to it.

Inform through the website of Frutisima usa llc or other domains the new mechanisms that it implements for the holders of the information to make their rights effective.

RESPONSIBLE AREA AND PROCEDURE FOR THE EXERCISE OF THE RIGHTS OF THE HOLDER:
The Holder, his representative or cause in title may at any time and free of charge, submit queries, requests and/or claims to Frutisima usa llc to know, update, rectify, request the deletion of their personal data and/or revoke the authorization. For this reason, it is the responsibility of the entire team of direct and indirect employees of Frutisima usa llc, without exception, to comply with the information treatment policy, and especially with due attention to requests, complaints and claims that the owner present before the company for this concept.
To exercise their rights, the owner or whoever acts on their behalf, may submit their requests, complaints and/or claims to Frutisima usa llc by the following means:
By email to: marketing@frutisima.co Telephone or whatsapp: +1 3053072536
Written communication by electronic means through the website of Frutisima usa llc. The area responsible for the management and treatment of the database, as the case may be, will always be the person in charge of the customer service department who will be in charge of attending to the requests, complaints and claims made by the owner in the exercise of their rights. The attention of a query, request, complaint or claim (PQR), received in writing, email, by electronic means, by telephone or verbally, will be transmitted to the team to be processed by the area in charge and thus respond in a maximum time. of 5 business days. If it is not possible to attend the query within said term, the owner will be informed, stating the reasons for the delay and indicating the date on which the query will be attended.

RECTIFICATION, UPDATING AND DELETION OF PERSONAL DATA: In accordance with what is established, Frutisima Ltda will rectify, update or delete any type of information at the request of the owner, according to the procedure and the terms indicated in the previous article. In the case of rectification and/or updating, the proposed corrections must be duly substantiated
Paragraph: The Holder of the information at all times will have the right to request the total or partial elimination of their personal data. Frutisima Ltda may only deny the elimination when: The Owner has the legal and/or contractual duty to remain in the database; The deletion of the data hinders judicial or administrative actions in courses and when appropriate.
INFORMATION SECURITY MEASURES: Frutisima Ltda will adopt the technical, human and administrative measures that are necessary to provide security to the records avoiding their adulteration, loss of consultation, unauthorized or fraudulent use or access; These measures will respond to the minimum requirements made by current legislation.

DESIGNATION:
Frutisima ltda designates the customer service department or whoever takes its place, to fulfill the function of personal data protection, as well as to process the requests of the owners, for the exercise of the rights of access, consultation, rectification, update, deletion and revocation referred to in the Law and the personal data processing policy of Frutisima Ltda.

VALIDITY: This Policy for the processing of personal data Frutisima usa llc will be in force for a term equal to that statutorily established for the duration of the company or its extensions.

NTELLECTUAL PROPERTY RIGHTS:

All computer, graphic, advertising, photographic, multimedia, audiovisual and/or design material, as well as all content, texts and databases made available to you on this site are the exclusive property of Frutisima ltda, Frutisima usa llc or of third parties that have authorized Frutisima usa llc its use and/or exploitation (the contents). Similarly, the use of content owned by third parties is expressly authorized by law. The contents on the website are protected by the rules on copyright, trademarks and by all applicable national and international regulations. Except as expressly permitted in these terms and conditions of use, any act of copying, reproduction, modification, creation of derivative works, sale or distribution, exhibition of the contents, in any way or by any means, including, but not limited to to electronic, mechanical, photocopying, recording or any other means, without the prior written permission of Frutisima Ltda and Frutisima llc.

In no case do these terms and conditions of use confer rights, licenses and/or authorizations to carry out the acts described above. Any unauthorized use of the contents will constitute a violation of these terms and conditions and the current regulations on trademarks, copyrights and/or other applicable national and international intellectual property regulations. Frutisima usa llc grants the user a personal, non-transferable and non-exclusive license and right to display www.frutisima.co on the screen of the computer, mobile device or tablet under its control. INDUSTRIAL PROPERTY All trademarks, banners, logos, names and any other distinctive signs, as well as utility models and/or industrial designs, other elements of industrial or intellectual property inserted, used and/or displayed on this site are the exclusive property of Frutisima usa llc and in some cases are the property of third parties who have expressly authorized Frutisima usa llc for their use and/or exploitation. Nothing in Frutisima usa llc may be construed as granting or granting any title of authorizations, licenses or any other right to use or dispose of industrial property in any way without the written permission of Frutisima Ltda and Frutisima usa llc. Any unauthorized use will constitute a violation of these terms and conditions of use and current national and international regulations on industrial property and will give rise to the corresponding civil and criminal actions. Linking, Deeplinking and FramingFrutisima usa llc prohibits the use of the names and/or logos, trademarks and any other distinctive signs of its property as links, hyperlinks or any other form of link directed to internet sites whose URL is different from https ://frutisima.co unless the establishment of such a link is approved by Frutisima usa llc in writing, in which case it must abide by the design and advertising criteria and manuals established by Frutisima usa llc.

Frutisima usa reserves the right to request the removal of links that have been established on websites without its express and prior authorization. The establishment on pages not controlled by Frutisima Ltda of links to subdirectories within the URL https://frutisima.co (“Deeplinking”) is prohibited. The display, use, display, copy or any other form of reproduction of the https://frutisima.co site or any sub-address and/or pages, on sites that are not owned by Frutisima usa llc (“Framing”) is expressly forbidden. The non-observance of these prohibitions will be a violation of the intellectual property rights on the contents and the rights on Industrial property. LINKS TO THIRD PARTY WEBSITES
The Frutisima usa llc website may contain links to other sites operated by third parties, including, but not limited to, third party sites where the Frutisima usa llc trademarks are displayed. These links are provided as a convenience to you and are for the sole purpose of providing access to these third party sites. When you enter the payment platform of our page, once you click on these links and leave our page, we no longer have control over the site to which you are redirected and therefore we are not responsible for the terms or privacy or the protection of your data on those other third party sites. These sites are subject to their own privacy policies, so it is recommended that you consult them to confirm that you agree with them. Frutisima usa llc makes no warranties or representations about the substance, quality, functionality, accuracy, fitness for a particular purpose, or any representations about third party sites or their content. A link to a third party site on the Frutisima usa llc website does not constitute a sponsorship, endorsement, approval of, or responsibility for, that third party site. Frutisima usa llc makes no warranties or representations about the content offered on third party sites. The terms of use and privacy policy of any third party site may differ greatly from the terms of use and legal notices that apply to the use of the Frutisima usa llc website. Please read the terms of use of third party sites carefully to obtain more information about the terms and conditions of use and the privacy policy said in such case.

COOKIES a cookie refers to a file that is sent with the purpose of requesting permission to be stored on your computer, by accepting said file it is created and the cookie then serves to have information regarding web traffic, and also facilitates future visits to a website. recurring website. Another function that cookies have is that with them websites can recognize you individually and therefore provide you with the best personalized service on their website. Our website uses cookies to provide a better user experience within the market place. This information is used only for statistical analysis and then the information is permanently deleted. You can delete cookies at any time from your computer. However, cookies help provide a better service on websites, they do not give access to information from your computer or from you, unless you want it and provide it directly, visits to a website. Most browsers automatically accept cookies as it serves to have a better web service. You can also change your computer settings to decline cookies. If they are declined you may not be able to use some of our services. For any effect or exercise of your rights, you can contact Frutisima usa llc, by email to marketing@frutisima.co