Terms and Conditions
This English translation is provided for convenience. In case of any discrepancy, the Spanish version governs.
Welcome to the Zykax Imagination Store website, https://shop.zykax.com
By entering, browsing and purchasing on this website you undertake to read, stay informed about and comply with these terms and conditions of use; you are also required to respect the privacy policies. The content, products and offers found on this website apply to Colombia only. Zykax Group S.A.S may modify the terms and conditions described here at any time. Modifications to the terms and conditions become effective as soon as they are published.
Terms of Service
The following terms of use (the "Store Terms") contain the conditions applicable to you and to your access to and use of this website, https://shop.zykax.com , including the mobile version and any successor site, regardless of how it is accessed (collectively, the "Website"). The Zykax Imagination Store website is operated exclusively by Zykax Group S.A.S ("Zykax"), a company based in Medellín. When used herein, the terms "we", "our" or "us" refer to Zykax.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree with these terms and conditions, please do not use this site.
This document constitutes the entire agreement between the site operator, Zykax, and the authorized user ("member", "user" or "you"), superseding any prior agreement between you and Zykax regarding its subject matter.
You represent and warrant that you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement.
Copyright
All content included on this site, including but not limited to text, graphics or code, is protected by copyright as a collective work under the copyright laws of Colombia and other copyright laws, and is the property of Zykax Group S.A.S. Permission is granted to electronically copy and print in hard copy portions of this site solely for the purpose of placing an order with Zykax Group S.A.S or purchasing products from the Zykax Imagination Store. You may display and, subject to any restriction or limitation expressly stated regarding specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, to place an order with Zykax or to purchase products from the Zykax Store. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited unless authorized by Zykax Group S.A.S. You also agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of the Zykax Store used on the site are trademarks or registered trademarks of Zykax Group S.A.S.
Industrial and Intellectual Property Rights
The information (documents, images, videos, tools, graphics, marks, names, logos and other material found on this web page) is protected in accordance with Colombian and international legislation on copyright and intellectual and industrial property; therefore, its use is strictly limited to personal purposes of browsing, purchasing and consultation.
Accordingly, the publication of the contents found on this website does NOT grant the consumer any type of trademark-use license, copyright or intellectual-property right to anyone who visits, consults or makes purchases through this website.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Zykax disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Zykax Group does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Zykax Group makes no warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Zykax Group and the Zykax Imagination Store shall not be liable for special or consequential damages resulting from the use of, or the inability to use, the materials on this site or the performance of the products, even if Zykax has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Zykax Group product is mistakenly listed at an incorrect price, Zykax reserves the right to refuse or cancel any order placed for a product listed at the incorrect price. Zykax reserves the right to refuse or cancel such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Zykax will issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions apply to you upon accessing the site and/or completing the registration or purchase process. These terms and conditions, or any part of them, may be terminated by Zykax without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.
Notice
Zykax Group may send you notices by email, by a general notice on the site, or by another reliable method to the address you have provided to Zykax.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of Colombia, without regard to choice-of-law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Zykax Group products) shall be in the courts located in Medellín, Colombia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Zykax products) must be commenced within one (1) year after the claim or cause of action arises. Zykax's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Zykax Group may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of the Site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Zykax employee, host or representative, or another member or visitor to the site, is prohibited. You may not upload to, distribute or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Zykax Group does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Zykax is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Zykax reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Zykax in its sole discretion.
Indemnification
You agree to indemnify, defend and hold harmless Zykax Group and all of its respective officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide added value to our visitors, Zykax may link to sites operated by third parties. However, even if the third party is affiliated with Zykax Group, Zykax has no control over these linked sites, all of which have separate privacy and data-collection practices independent of Zykax. These linked sites are for your convenience only and therefore you access them at your own risk. Nonetheless, Zykax seeks to protect the integrity of its website and the links placed on it and therefore requests feedback not only on its own site but also on all sites it links to (including if a specific link does not work).
Customer Service Contact Information
In compliance with Law 1480 of 2011, ZYKAX GROUP S.A.S informs that we are a company incorporated under the Republic of Colombia, with tax identification number (NIT) 900709130-9, domiciled in the city of Medellín, with judicial notification address at Cra 35 A # 15 B 35 Of. 9513 Prisma Centro de Negocios, and online customer-service email hello@zykax.com
Purpose
The web page is designed to present to the consumer the products and services provided by Zykax Group S.A.S in its commercial establishments, which may likewise be acquired by the consumer through this electronic channel. Additionally, articles, blogs, information and events related to the brands marketed by Zykax Group S.A.S are presented. This web page may be used for browsing, purchasing and consulting imported and/or domestic products that Zykax Group S.A.S makes available to its users and consumers.
Zykax Group S.A.S. may modify and/or discontinue products at any time, and undertakes to deliver to the consumer products of the same or similar characteristics in the event of inventory changes. However, the colors of the products the consumer sees on their monitor depend on the technological characteristics of those devices; therefore, Zykax Group S.A.S does not guarantee that the color shown on the consumer's monitor will be exactly the same as the actual color of the product. Consequently, the display of the colors of the products marketed through our web page will depend on the electronic devices you use. For this reason, the characteristics of the products are stated in their description.
Consumer Information
As a consumer you must have full legal capacity to bind yourself and contract the services provided by Zykax Group S.A.S. In any case, we will only allow adults, duly identified with a citizenship ID or foreigner ID card, to register and carry out purchase transactions through this page.
Registration and Personal Data
To make online payments you will need to register on the web page. For this purpose, personal and confidential information is required. This information will be for the exclusive use of Zykax Group S.A.S. In accordance with the provisions of Statutory Law 1581 of 2012 on the protection of personal data, Zykax Group S.A.S undertakes to keep the confidentiality and security of the information that users deposit on our web page. The registration, password and username of each of our consumers is for their exclusive use and may not be transferred to third parties. The data referred to in these terms and conditions is intended to validate purchase orders and improve the information and marketing of the products and services provided by Zykax Group S.A.S
Contractual Provisions
Zykax Group S.A.S provides the online sales service taking due care to guarantee the security of the information and transactions carried out; however, we cannot be held responsible for delays in operation or transmission, technological errors, manipulation by unauthorized third parties, or any event of intrusion or technological manipulation in the operation of the web page. Consequently, any transaction carried out by the consumer shall be subject to confirmation both by the consumer and by Zykax Group S.A.S, and it may be cancelled when any of the situations described above occurs. The products and prices included on this page are addressed to the general public and, therefore, confirmation and acceptance by Zykax Group S.A.S of your purchase order and of the payment made will always be necessary, at which point the corresponding invoice will be issued and the sales contract between the user and Zykax Group S.A.S will be deemed perfected.
Order Limitations and Restrictions
Zykax Group S.A.S may, at its discretion, limit or cancel the number of units purchased by a Customer on its Site when the purchase does not comply with all the conditions and restrictions stated in its policies and terms and conditions. Consequently, Zykax Group S.A.S will cancel purchases that exceed the maximum number of units allowed (15 units) for one (1) identification number. This means that a person identified with a citizenship ID or foreigner ID card may make purchases in one day up to the maximum number allowed (15 units). These restrictions include all orders
placed from the same ID number per day, as well as payments made with the same debit and/or credit card and orders with the same shipping or billing address.
Payment Methods
Prior to accepting the purchase order, Zykax Group S.A.S will verify that payment of the order has been made through the following means:
· Bank transfer
· Credit cards: VISA, Mastercard, American Express, Diners, Banco de Occidente
· PSE
Please note that the payment gateway is MercadoPago; consequently, its administration and control are not the responsibility of Zykax Group S.A.S. Therefore, refunds will be made through Mercado Pago. Although this page has secure and reliable connections for electronic transactions, Zykax Group S.A.S, as service provider, disclaims liability for any damage that may arise from any failure in the operations or communications of the financial institutions issuing the cards valid for making payments.
Payment by Bank Transfer
If you do not have a debit or credit card, you can use the bank-transfer payment method. When you select this payment method and complete the purchase, a ticket with a code to make the payment by bank transfer (depending on the one you have chosen to make the payment) will arrive at your email, and it will be valid for 3 days to make the payment.
Shipping Policies
The consumer shall bear the shipping cost of the purchased product to the informed destination. The shipping and transport cost of the products will be informed at the time of generating the purchase order, clarifying that said charge may vary according to the municipality where delivery must be made. Upon acceptance of the consumer's purchase order, Zykax Group S.A.S, through the carrier company, shall be obliged to deliver the product acquired through this website within the terms stipulated for it, that is, 5 to 10 business days after acceptance of the purchase order. Zykax Group S.A.S may likewise refuse to accept orders or deliver products in areas outside the coverage area.
Zykax Group S.A.S will comply with said delivery term provided that no circumstance of force majeure or unforeseeable event occurs that causes a delay in delivery. Such a case will be informed to the consumer.
It is understood that any adult present at the address where delivery is to be made is authorized by the consumer to receive their order and, therefore, Zykax Group S.A.S is released from any liability for the delivery made, provided that it is made at the address registered in the purchase order. The foregoing also applies to delivery at reception desks of residential complexes or other types of buildings. If the order is not received at the place informed by the customer, Zykax Group S.A.S, through the shipping company, will make two more delivery attempts. If on the third visit by the shipping company the order is not received, Zykax Group S.A.S will contact the customer to validate the delivery address of their order.
The sale is subject to product inventory. If the product is not available at the time of placing the order, Zykax Group S.A.S will proceed to contact the consumer and make available a voucher loaded with the value of the purchase or a refund of the money.
Delivery methods:
1 STANDARD HOME DELIVERY:
· The carrier company in charge of these shipments will be informed to the customer.
· The delivery time is between 5 and 10 business days depending on the destination.
2 EXPRESS HOME DELIVERY:
· The carrier company in charge of these shipments will be informed to the customer.
· The delivery time is between 1 and 5 business days depending on the destination.
· Express shipping does not apply on Saturdays and Sundays.
- The delivery method is chosen after entering the destination address and city.
- If you are a returning customer, we suggest using the "CHANGE DELIVERY OPTIONS" option to select the delivery method that best suits your order.
Cancellation Policies
If you want to cancel your order, you can manage it by following these steps: 1- At the top of the page, go to MY ACCOUNT (the person icon). 2- Enter your email and password and log in.
3- Go to ORDERS and choose the order you want to cancel.
4- Finally click on REQUEST CANCELLATION.
This cancellation can only be made before the order is invoiced; otherwise you must wait for the order to arrive and exercise the RIGHT OF WITHDRAWAL.
Right of Withdrawal
If you wish to exchange any of our products and exercise the right of withdrawal, please note that, in accordance with the right of withdrawal established by Law 1480 of 2011 in article 47, the maximum term to exercise this right is 5 business days counted from delivery of the product.
The right of withdrawal shall not apply in the following case: in contracts for the acquisition of goods for personal use (underwear, socks, swimsuits, swim trunks and similar).
Transport and other expenses involved in the return will be borne by Zykax Group S.A.S
If all the aforementioned conditions are met, Zykax Group will refund the total amount paid, without discounts or withholdings, and the term for the refund may not exceed 30 calendar days from the moment the consumer exercised their right.
Process to exercise the right of withdrawal:
1- Meet all the conditions mentioned above.
2- Send the request within the first 5 business days after receiving the order to the email zykaxdg@gmail.com (this email is answered Monday to Friday from 8am to 5pm); it must be sent by the purchase holder.
3- Return the product in the same conditions in which you received it; the transport provider will pick it up at the same place where it was delivered. Transport and other expenses involved in the return will be borne by Zykax Group S.A.S
4- It is important to clarify that the products must not have been used and must have their labels and packaging materials complete and original.
IMPORTANT:
· Products go through a quality process and, if they do not meet the previously informed conditions, the right of withdrawal may not be accepted.
Exchanges and returns:
• Exchanges and returns are subject to inventory availability.
Exchange Policies
1- You must identify the product and the date of purchase.
2- The product must be new, unopened and/or unused. If the product has been opened, it must be unused, with all its original packaging, tags, pieces, accessories, complete manuals and attached labels.
3- Underwear (panties, bras, boxers, briefs, socks) cannot be exchanged. 4- If there is an error in your order or you simply want to exchange your product, you can request the exchange according to these times:
· Maximum period for exchange: up to 30 days after receiving the product.
· Items on sale cannot be exchanged, except in exercise of the right of withdrawal or the legal warranty.
· For clothing, wallets, bags and/or shoes: 30 calendar days after purchase.
· Maximum period for exchange of watches, fragrances and/or eyewear: 8 calendar days after purchase.
· Per exchange policy, no cash refunds are made; instead, a code or virtual voucher is generated to be redeemed on the site, except in exercise of the right of withdrawal or the legal warranty. You may also request the product exchange and go to a physical store to exchange it for another product, in case you do not wish to redeem the virtual voucher.
5- Exchanges of garments are made for the amount actually paid.
Procedure to request an exchange of a regular-line garment (for products purchased on sale, exchanges can only be made for size, by right of withdrawal or by legal warranty):
1- Send the exchange request within the first 30 calendar days after receiving the order to the email zykaxdg@gmail.com
In any of these cases you will be informed about the process. * Zykax Group S.A.S has up to 15 business days to reply to the email indicating the process you must follow. Transport and other expenses involved in the return will be borne by Zykax Group S.A.S. Applies only to the first exchange. After requesting the exchange, we have these options:
1- Exchange for product size or color.
2- Voucher loaded with the value of the purchase to be redeemed online. IMPORTANT: If you make an exchange through the online store, keep in mind that from the moment we receive the package in our warehouse, for biosafety reasons, it must remain isolated for 3 days.
Size Exchange or Return from Home
We inform you that to make exchanges you have a maximum of 30 days from the date you received the order; the product must be in perfect condition, unused, and have its labels.
Warranty Policies
1- The requirements to make it effective will be those established by the manufacturer or supplier on the invoice, or on the body of the product, attached sticker, instruction manual, packaging or similar, or those established through these terms and conditions.
2- In the first instance, Zykax Group S.A.S will study the warranty and, if it considers it applicable due to a quality, suitability or safety failure, will choose whether to repair the good or refund the money.
3- The warranty term will be suspended while the consumer is deprived of the use of the product due to the enforcement of the warranty.
4- If the product is completely replaced by another, the warranty term of the new product will start running again at the moment the product is replaced.
5- Once Zykax Group S.A.S receives a product for legal-warranty review, it will give the customer a receipt of said reception. In that case, the product will undergo internal studies to conclude whether the warranty is applicable or not, informing the consumer of said decision in writing. If it is not applicable, the reasons for denying it will be stated.
6- If the product presents recurrence of the same failure after having been repaired by Zykax Group S.A.S, and provided the warranty is in force, or the spare part required for the proper functioning of the product is not available, the product will be replaced or the amount paid for it will be refunded, at the consumer's choice.
7- The legal warranty will be the one defined on the product label; if it does not determine it, it will correspond to the one indicated on the sales invoice or in these terms and conditions. Our products have different warranty terms; after said term, the effectiveness of the legal warranty and its claim period will be deemed expired. We share the terms by product type so you know until when you can manage your cases:
For clothing, wallets, caps, bags, shoes and accessories of Zykax Group brands: 30 calendar days after purchase.
To enforce the warranty you must send the request to zykaxdg@gmail.com. In any of these cases you will be informed about the process. * Zykax Group S.A.S has up to 15 business days to reply to the email or warranty request indicating the process you must follow.
Electronic Invoice
Regarding your request to change the electronic invoice, please note that article 2.2.2.5.4 of Decree 1074 of 2015, third paragraph, states that:
Paragraph 3: Once the electronic sales invoice as a security instrument has been accepted, debit notes or credit notes associated with said invoice may not be recorded.
Payment Reversal
Consumers who have made purchases at zykax.com/shop by payment with credit card, debit card or any type of electronic payment method, and provided such purchases are made through e-commerce mechanisms such as the web page, may request the payment reversal within 5 business days following the date on which you became aware of the fraudulent or unrequested transaction, or should have received the product, or received it defective or not corresponding to what was requested. Causes for payment reversal: fraud in the transaction; you made a purchase and the product did not arrive; the product you bought does not meet the communicated characteristics; factory defects in the products. To request the reversal, the request must be sent to zykaxdg@gmail.com, or go to the nearest physical store. In any of these cases you will be informed about the process. * Zykax Group S.A.S has up to 15 business days to reply to the email or the payment-reversal request indicating the process you must follow. Requirements to access the reversal: the purchase must have been paid by credit card, debit card or any type of electronic payment method; for this reason it does not apply to payments with Efecty and/or Baloto. When requesting the payment reversal, the consumer must indicate the cause invoked, which must correspond to those previously informed, and the reasons supporting their reversal request. Likewise, they must indicate the amount for which the refund is requested and the bank-account certification, issued by the bank with a current issue date, credit card or payment instrument to which the transaction was charged.
The product must be in good condition and clean, and the transport provider will pick up the product only at the same place where it was delivered. The responsibility for refunding the money, should it be applicable, lies with the banking entity. The complaint must be filed by the holder of the financial product, without prejudice to the consumer's obligation to comply with the provisions of article 2.2.2.51 of Decree 587 of 2016.
In any case, to exercise the rights mentioned in the previous sections, please note that the email to which requests are sent (zykaxdg@gmail.com) is managed by a natural person within Zykax Group S.A.S. Therefore, requests will be evaluated and answered Monday to Friday from 8:00 a.m. to 6:00 p.m., and Saturdays from 9:00 a.m. to 12:00 p.m.
Consumer Rights
You will enjoy all the rights recognized by Colombian legislation on Consumer Protection and Personal Data Protection; for this reason, you may file your petitions, complaints, claims and suggestions (PQR) through the following email: zykaxdg@gmail.com. You may also submit them in person at our commercial establishments.
Consumer Duties
In compliance with article 3 of Law 1480 of 2011, consumers must:
Inform themselves about the quality of the products, as well as the instructions provided by the producer or supplier regarding their proper use or consumption, preservation and installation.
Act in good faith.
Comply with recycling and waste-disposal regulations.
Additionally, the customer must:
· Carefully analyze the information provided in advertising messages.
· Carry out transactions of goods and services within legally established commerce.
· Read and comply with all duties, terms, conditions and policies communicated through our web page.
Source of Funds:
The customer solemnly declares and maintains that:
· The funds with which the purchase was made come from a lawful operation, trade, profession, activity or business.
· The money with which the purchase was made was NOT obtained by virtue of any type of conduct established in Colombian law as a criminal offense.
· I have never allowed third parties to use my accounts or my credit or debit cards to deposit or manage money whose origin is unknown to me or that comes from conduct contrary to the law, especially criminal law.
· I release Zykax Group S.A.S from all liability for erroneous, false or inaccurate information that may have been provided in this document or for its violation, such that I will be solely responsible for it.
Likewise, the customer declares that their income comes from lawful activities, that they have no negative records in national or international money-laundering prevention lists, that they are not within one of the two categories of money laundering (conversion or movement) and that, consequently, they undertake to answer to Zykax Group S.A.S. for all damages that may be caused as a consequence of this statement. They will likewise answer to third parties.
They also declare that their conduct conforms to the law and to ethics, and declare that good name and reputation are key elements in the execution of this contract; for this reason, the parties agree that the fact that the customer as a natural person and/or their legal representatives, main shareholders or partners and/or directors are included in an investigation, report or national police/judicial list or list of a foreign authority for suspicions of being involved in money laundering, drug trafficking, human trafficking, procuring, child pornography, embezzlement, extortion by public officials, kidnapping, extortion, membership in and/or dealings with illegal armed organizations or criminal organizations of any kind, arms trafficking, terrorism, crimes against humanity or crimes against sexual freedom, integrity and development, will be sufficient reason for Zykax Group S.A.S. to proceed to cancel any contractual relationship, without this generating any type of compensation in favor of the other party.
Modification of this Policy
This policy may be modified at any time, which is why we recommend checking regularly or periodically on our web page https://shop.zykax.com . Effective date: July 15, 2026.
Product Reviews
The product-review module located at the bottom of the product detail page has the sole purpose of interacting with our customers quickly and objectively about their experience with the products purchased in our online store. We therefore want to know both the positive and negative experience our customer may have had after receiving their purchase and interacting with our products. Comments that are not intended to rate the experience with the product, or that do not come from customers with actual purchases on the page in question, will not be taken into account, since this channel is not a communication channel for issues or opinions of any other kind; therefore they will not be displayed on the page and will automatically be rejected. Issues or opinions concerning other types of processes will be handled through the traditional customer-service channels presented in our online store. If any personal data is required, the corresponding authorization for data processing will be requested, indicating the specific purposes for which the personal data collected will be used. You can find our data-processing policy at https://zykax.com/shop/politicas.
Personal Data Processing Policy
Presentation
In order to comply with current data-protection legislation, especially Law 1581 of 2012 (and other rules that modify, add to, complement or develop it) and Decree 1377 of 2013, we hereby inform you of the relevant aspects regarding the collection, use and transfer of personal data that Zykax Group S.A.S (hereinafter the "Company" or "ZG") carries out with your personal data, by virtue of the authorization granted by you to carry out such processing, as well as the handling of your data. In this personal-data processing policy (the "Policy") you will find the corporate and legal guidelines under which the Company processes your data, the purpose, your rights as data subject, as well as the internal and external procedures for exercising those rights. In accordance with article 15 of the Political Constitution of Colombia and applicable legislation (Law 1266 of 2008, Law 1581 of 2012, Decree 1377 of 2013 and all rules that regulate, add to, repeal or modify them), we have a clear policy of privacy and protection of your personal data: we do not obtain personal information from third parties that have a commercial or legal relationship with the Company, including you, Employees or Suppliers, unless they have provided it voluntarily through their prior, express and qualified consent.
Identification of the Data Controller:
· Company name: Zykax Group S.A.S.
· Tax ID (NIT): 900.709.130-9
· Address: Cra 35 A # 15 B 35 Of. 9513 Prisma Centro de Negocios.
· Domicile: Medellín, Antioquia.
· Email: hello@zykax.com
· Phone: 3136713372
Definitions
For the interpretation of this Policy, please keep in mind the following definitions:
· Personal data: any information linked to or that can be associated with one or several determined or determinable natural persons;
· Sensitive data: data that affects the privacy of the Data Subject or whose improper use may lead to discrimination, such as data on racial origin, religious convictions, membership in political or trade-union organizations, health, sex life, and biometric data.
· Data Processor: natural or legal person, public or private, who by themselves or in association with others processes personal data on behalf of the Company as Data Controller;
· Processing Policy: refers to this document, as the personal-data processing policy applied by the Company in accordance with the guidelines of current legislation on the matter;
· Supplier: any natural or legal person who provides any service to the Company by virtue of a contractual/obligational relationship;
· Data Controller: natural or legal person, public or private, who by themselves or in association with others decides on the database and/or the processing of the data; for the purposes of this policy, the Company will act, in principle, as Controller;
· Data Subject: natural person whose personal data is subject to processing, whether customer, supplier, employee, or any third party who, by reason of a commercial or legal relationship, provides personal data to the Company;
· Transfer: refers to the sending by the Company as Data Controller, or by a Data Processor, of the data to a third agent or natural/legal person (recipient), inside or outside the national territory, for the effective processing of personal data;
· Transmission: refers to the communication of personal data by the Controller to the Processor, located inside or outside the national territory, so that the Processor, on behalf of the Controller, processes personal data;
· Processing: any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.
· For the understanding of terms not included in the above list, you should refer to current legislation, especially Law 1581 of 2012 and Decree 1377 of 2013, giving the meaning used in said rules to any terms whose definition is in doubt.
Use and Purpose of Processing
The Company recognizes that the Data Subject has the right to a reasonable expectation of privacy, taking into account in any case their responsibilities, rights and obligations with the Company. By virtue of the relationship established between you and the Company, the Company collects, stores, uses and transmits or transfers personal data to companies located inside and outside Colombia. Personal data is used for:
· Execution of the contract entered into with the Company.
· Payment of contractual obligations.
· Sending information to governmental or judicial entities upon their express request.
· Support in external/internal audit processes.
· Sending/receiving messages for commercial, advertising and/or customer-service purposes.
· Recording Employee information in the Company's database.
· Recording Supplier information in the Company's database.
· Contacting Employees or Suppliers to send information related to the contractual, commercial and obligational relationship in place.
· Collecting data to fulfill the duties that correspond to the Company as controller of information and personal data.
· For security or fraud-prevention purposes.
· To provide you with effective customer service.
· Any other purpose arising in the development of the contract or the relationship between you and the Company.
If you provide us with Personal Data, this information will be used only for the purposes indicated here, and we will not sell, license, transmit or disclose it outside the Company unless (i) you expressly authorize us to do so, (ii) it is necessary to allow our contractors or agents to provide the services entrusted to them, (iii) it is used to provide you with our products or services, (iv) it is disclosed to entities providing marketing services on our behalf or to other entities with which we have joint marketing agreements, (v) it is related to a merger, consolidation, acquisition, divestiture or other restructuring process, or (vi) as required or permitted by law. In order to implement the purposes described above, your personal data may be disclosed for the aforementioned purposes to human-resources personnel, processors, consultants, advisors and other persons and offices as appropriate. The Company may subcontract third parties for the processing of certain functions or information. When we effectively subcontract the processing of your personal information to third parties or provide your personal information to third-party service providers, we warn those third parties about the need to protect such personal information with appropriate security measures, in strict compliance with this policy; we prohibit them from using your personal information for their own purposes and prevent them from disclosing your personal information to others. Likewise, the Company may transfer or transmit (as applicable) your personal data to other companies abroad for reasons of security, administrative efficiency and better service, in accordance with the authorizations of each of these persons. ZG has taken the appropriate measures so that those companies implement, in their jurisdiction and in accordance with the laws applicable to them, security and personal-data protection standards at least similar to those provided in this document and in general in the Company's policy on the matter. In the case of transmission of personal data, the corresponding transmission agreement will be signed under the terms of Decree 1377/13. Additionally, we inform you that once the need for processing your data ceases, it may be deleted from ZG's databases or archived in secure terms so that it is only disclosed when appropriate in accordance with the law.
Rights of the Data Subject
In accordance with article 8 of Law 1581 of 2012, your rights as data subject in relation to your personal data are:
· To know, update and rectify your personal data before ZG as Data Controller or Data Processor. This right may be exercised, among others, against partial, inaccurate, incomplete, fragmented or misleading data, or data whose processing is expressly prohibited or has not been authorized;
· To request proof of the authorization granted to the Company as Data Controller, except when expressly exempted as a requirement for processing;
· To be informed by the Company, as Data Controller or by the Data Processor, upon request, regarding the use given to your personal data;
· To file complaints before the Superintendence of Industry and Commerce for infringements of the provisions of this law and other rules that modify, add to or complement it;
· To revoke the authorization and/or request the deletion of the data when the processing does not respect constitutional and legal principles, rights and guarantees;
· To access free of charge your personal data that has been subject to processing.
Within this policy you will find the procedure through which the Company guarantees the exercise of all your rights.
Area in charge of handling petitions, inquiries or claims:
So that Data Subjects can exercise their rights to know, update, rectify and delete their Personal Data and revoke the Authorization, the Company has designated the Legal and Compliance Area, headed by the Compliance Officer, as responsible for handling the various requests (petitions, inquiries and claims). In this sense, Data Subjects may exercise their rights through the following means:
· Address: Cra 35 A # 15 B 35 Of. 9513 Prisma Centro de Negocios
· Phone: 3136713372
· Email: hello@zykax.com
Procedures for exercising your rights as data subject
To exercise their rights, the Data Subject, their successor in interest or their representative may carry out the following procedures:
a. Inquiries: the Data Subject, or whoever is duly authorized, may make requests and inquiries to know the Data Subject's personal information held in a ZG database. The inquiry must be made through the following means:
· Address: Cra 35 A # 15 B 35 Of. 9513 Prisma Centro de Negocios
· Phone: 3136713372
· Email: hello@zykax.com
The term to address it will be ten (10) business days counted from the date of its receipt. However, when it is not possible to address it within said term, ZG will inform the interested party of the date on which it will be addressed, stating the reasons for the delay, which may not exceed five (5) business days following the expiration of the initial term.
b. Claims: the Data Subject, or whoever is duly authorized, may file a claim requesting the correction, updating or deletion of their personal data. Claims may also be filed when they consider there is an alleged breach of any of the duties incumbent on ZG established in Law 1581 of 2012, and when the Data Subject wishes to revoke the authorization for processing. The claim will be processed provided it complies with the following rules:
· The interested party must fully identify themselves, indicating full names and surnames, telephone number, physical address and email to receive notifications. They must also identify the facts giving rise to the claim and the documents they wish to assert.
· If the interested party provides the aforementioned information incompletely or confusingly, the Company may ask them to complete the information by email within no more than 5 days following receipt of the complaint or claim, thereby suspending the term ZG has to respond. Once the interested party provides or clarifies the information, said term will resume.
· If 2 months elapse from the Company's request to clarify the information without the interested party responding, it will be understood that they have desisted.
· The Company will have a maximum term of 15 business days to address claims, counted from the day following the date of receipt. When it is not possible to respond within said term, the interested party will be informed of the reasons for the delay and the date on which their complaint or claim will be addressed, which in no case may exceed 8 business days following the expiration of the first term.
· The claim must be sent to the Compliance Officer at the following email address: hello@zykax.com
Please note that once you inform the responsible area within the Company, depending on which one your petition is addressed to, the inquiry, request or complaint will be processed.