Terms and Conditions

This website is from ELEMENTO CHOCOLATES S.A.C. The use of this site by each user or visitor entering it is subject to the following terms and conditions ("Terms and Conditions").

The user or visitor states that he or she has been informed in a timely and pre-entry to this website about the Terms and Conditions; in this sense, the user declares his or her voluntary, free, unconditional, informed, unequivocal and express knowledge and acceptance of the Terms and Conditions. The said user acceptance shall be understood to be made with the user's only entry to this website.

CHOCOLATES S.A.C. may review, modify and update the Terms and Conditions at any time, unilaterally, without prior notice and at their full discretion.

The terms and conditions have been divided into three groups. These are: I. Web Privacy Policy (use of information from users or visitors). II. Intellectual property and copyright (prohibition of using the contents, designs and other elements of this site or website). III. Exclusion of liability (for damage to equipment or programs caused by any kind of virus or any other circumstance directly or indirectly related to access to the website of ELEMENTO CHOCOLATES S.A.C.

I. WEB PRIVACITY POLICY (USE OF USER INFORMATION OR VISITANTS).

1. Introduction

CHOCOLATES S.A.C. ELEMENTO ensures the maximum reservation and protection of those personal data that the users of your property's website enter to the following e-mail address - in the future the Web -: https: / / elentochocolates.com /

2. OBJECTIVE

At ELEMENTO CHOCOLATES S.A.C. we are aware of the high consideration that has the privacy of our customers and of all those who are interested in our products. Being consistent with this consideration we are committed to respecting your privacy and protecting the confidentiality of your private information and personal data. The purpose of the Web is to make known and provide information about the products offered by ELEMENTO CHOCOLATES S.A.C. and to provide other information that we create that may be of interest and create a communication space for users.

3. LEGISLATION

This policy is regulated by Peruvian legislation and in particular by: • Act No. 29733 - Personal Data Protection Act (LPDP). • Supreme Decree No. 003-2013-JUS which approved the Regulations of Law No. 29733 (RLPDP). • Directive No. 019-2013-JUS / DGPDP, which adopted the Information Security Directive (the Directive). According to the LPDP and its RLPDP, personal data are understood to mean all numerical, alphabetical, graphic, photographic, acoustic information about personal habits, or of any other type concerning a natural person who identifies or makes it identifiable through means that can be reasonably used. In addition, processing of personal data to any automated or non-automated technical operation or procedure, which allows the collection, registration, organization, storage, storage, processing, modification, extraction, consultation, use, blocking, suppression, communication by transfer or dissemination or any other form of processing that facilitates access, correlation or interconnection of personal data. ELEMENTO CHOCOLATES S.A.C. develops its policy of processing personal data in accordance with the guiding principles set out in Law No. 29733 - Law on the Protection of Personal Data and therefore: i. In accordance with the principle of legality, it rejects the collection of our Users' personal data by fraudulent, unfair or unlawful means. ii. In accordance with the principle of consent, in the processing of our Users' personal data

This policy is regulated by Peruvian legislation and in particular by: • Act No. 29733 - Personal Data Protection Act (LPDP). • Supreme Decree No. 003-2013-JUS which approved the Regulations of Law No. 29733 (RLPDP). • Directive No. 019-2013-JUS / DGPDP, which adopted the Information Security Directive (the Directive). According to the LPDP and its RLPDP, personal data are understood to mean all numerical, alphabetical, graphic, photographic, acoustic information about personal habits, or of any other type concerning a natural person who identifies or makes it identifiable through means that can be reasonably used. In addition, processing of personal data to any automated or non-automated technical operation or procedure, which allows the collection, registration, organization, storage, storage, processing, modification, extraction, consultation, use, blocking, suppression, communication by transfer or dissemination or any other form of processing that facilitates access, correlation or interconnection of personal data. ELEMENTO CHOCOLATES S.A.C. develops its policy of processing personal data in accordance with the guiding principles set out in Law No. 29733 - Law on the Protection of Personal Data and therefore: i. In accordance with the principle of legality, it rejects the collection of our Users' personal data by fraudulent, unfair or unlawful means. ii. In accordance with the principle of consent, in the processing of our Users' personal data

The personal data requested from the Users are basic contact data and are appropriate, relevant and not excessive in relation to the purpose for which they are collected. The personal data to which ELEMENTO CHOCOLATES S.A.C. will have access shall be those that the User voluntarily provides by filling out the forms put to that effect. The personal data provided by the Users must be accurate and correct so that they respond truthfully to their current situation. Otherwise, these data will be cancelled. The personal data provided by the Users are collected for the purposes set out in the relevant web consent forms for the processing of personal data, among which, and shall not be used for other purposes incompatible with those specified. The personal data shall be cancelled when they are no longer necessary for the purposes for which they have been collected. However, they shall be kept for a period of 5 years.

5. COMMUNICATION OF PERSONAL DATA

ELEMENTO CHOCOLATES S.A.C. respects the privacy of its Users, so we will not share your information with third parties, with the exception of our subsidiary companies, authorized third parties that process personal data for ELEMENTO CHOCOLATES S.A.C. for the purposes described in this policy, and administrative entities, judicial and / or police authorities, provided it is established by law. Such authorized third parties are not allowed to use their personal data for any other purpose. We require them to act in line with this Policy and to use appropriate security measures to protect their personal data.

6. CONFIDENTIALITY AND SAFETY OF PERSONAL DATA

The personal data provided by the Users will be treated with full confidentiality. ELEMENTO CHOCOLATES S.A.C. undertakes to keep professional secret indefinitely in respect of them and guarantees the duty to keep them by taking all necessary security measures. In compliance with the current legislation, CHOCOLATES S.A.C. has adopted the technical security and confidentiality measures appropriate to the category of personal data, necessary to maintain the level of security required in order to avoid the alteration, loss or treatment or unauthorized access that may affect the integrity, confidentiality and availability of the information. CHOCOLATES S.A.C. ELEMENT has implemented all the technical and organizational measures necessary to ensure the security of personal data and to avoid their alteration, loss and treatment and / or unauthorized access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed, whether they come from human action, from the physical or natural environment, as established by the current Peruvian legislation on the protection of personal data. In addition, it also has additional security measures in place to strengthen the confidentiality and integrity of information and continuously maintains the monitoring, monitoring and evaluation of processes to ensure the privacy of personal data. However, the transmission of information through communication and Internet networks is not entirely

7. Exercise of rights AND CONSULTATIONS

Users who have provided their personal data to ELEMENTO CHOCOLATES S.A.C. can address it, in order to be able to exercise their rights of Access, Rectification, Cancellation and Opposition, in the terms set out in the current Peruvian legislation. To be able to exercise these rights, or to consult with this policy, Users can send an email to ysel @ elementochocolates.com with the reference "Personal Data Protection," specifying your data, attesting your identity and the reasons for your application.

8. STANDARDS

ELEMENTO CHOCOLATES S.A.C. understands the importance of protecting the privacy of children, especially in an online environment. For this reason, the website is not designed for, or targeted at, minors. The processing of personal data relating to minors will not be carried out voluntarily. Where it is known that the personal data collected are for a minor without authorization, appropriate measures shall be taken to remove this data as soon as possible.

9. CONSENTITION

By accepting this Privacy Policy, Users agree with all the aspects set out in this document and allow us to process your personal data for the purposes set out above.

10. VIGENCE AND MODIFICATION OF THIS PRIVACITY POLICY

The Web Privacy Policy of ELEMENTO CHOCOLATES S.A.C. has been updated in July 2023. ELEMENTO CHOCOLATES S.A.C. reserves the right to change its Web Privacy Policy in the event that there is a change in existing legislation, doctrinal, case law or by business own criteria. If any changes were made to this policy, the new text will be published on this website. Users are recommended to regularly access the Web Privacy Policy you will find on this same Web.

II. INTELLECTUAL PROPERTY AND RIGHTS

ELEMENTO CHOCOLATES S.A.C. maintains this website to provide information about its products and as a means of commercial interaction with its customers and potential customers. The trademarks, trade names, reviews, graphics, photographs, drawings, designs and any other property, product and element on this website, as well as the contents, are legally protected in favour of ELEMENTO CHOCOLATES S.A.C. in accordance with the legal provisions on industrial property, copyright, and any other applicable legal rules. Therefore, they may not be used, modified, copied, reproduced, transmitted or distributed in any way, except with the express and written authorisation of ELEMENTO CHOCOLATES S.A.C.

The contents protected in accordance with the above paragraph include texts, images, illustrations, drawings, designs, software, music, sound, photographs and videos, and any other means or forms of dissemination of content, information or knowledge. The ideas, opinions, suggestions and comments that are sent spontaneously and without request by the users of ELEMENTO CHOCOLATES S.A.C., concerning products, services or marketing plans, or of any other type, will be used freely by ELEMENTO CHOCOLATES S.A.C. if it considers it appropriate, for the development of new products or marketing plans. Such communications are not confidential and are presumed not to be protected by any regulations relating to copyright or intellectual property, and therefore, the sending user of such information may not claim any compensation or participation under the legitimate commercial use that ELEMENTO CHOCOLATES S.A.C. makes of them. If the information is protected by some kind of regulation on copyright or intellectual property, its spontaneous communication to CHOCOLATES ELEMENTO S.A.C. shall be understood as a total and irrevocable renunciation of the moral and property rights and privileges that such regulations grant, and their transfer to CHOCOLATES ELEMENTO S.A.C.. In any case, whether the information provided is protected or not, it will become and remain owned by ELEMENTO CHOCOLATES S.A.C., which means that ELEMENTO CHOCOLATES S.A.C. will not treat this

The contents protected in accordance with the above paragraph include texts, images, illustrations, drawings, designs, software, music, sound, photographs and videos, and any other means or forms of dissemination of content, information or knowledge. The ideas, opinions, suggestions and comments that are sent spontaneously and without request by the users of ELEMENTO CHOCOLATES S.A.C., concerning products, services or marketing plans, or of any other type, will be used freely by ELEMENTO CHOCOLATES S.A.C. if it considers it appropriate, for the development of new products or marketing plans. Such communications are not confidential and are presumed not to be protected by any regulations relating to copyright or intellectual property, and therefore, the sending user of such information may not claim any compensation or participation under the legitimate commercial use that ELEMENTO CHOCOLATES S.A.C. makes of them. If the information is protected by some kind of regulation on copyright or intellectual property, its spontaneous communication to CHOCOLATES ELEMENTO S.A.C. shall be understood as a total and irrevocable renunciation of the moral and property rights and privileges that such regulations grant, and their transfer to CHOCOLATES ELEMENTO S.A.C.. In any case, whether the information provided is protected or not, it will become and remain owned by ELEMENTO CHOCOLATES S.A.C., which means that ELEMENTO CHOCOLATES S.A.C. will not treat this

III. EXCLUSSIONS OF RESPONSIBILITY
The material and technical components on this website may include technical errors and failures, and therefore the visit that each user makes will be at full risk. Neither the CHOCOLATES S.A.C. ELEMENT nor the third parties involved in the design, administration and updating of the site shall be responsible for any damage that the users may suffer directly or indirectly, or as a result of the access or use of the website. CHOCOLATES S.A.C. ELIMENT does not guarantee that access to your website is permanent or error-free, or free from viruses or other harmful components. Consequently, ELEMENTO CHOCOLATES S.A.C. will not be responsible for the damage suffered by the use of its website, caused, inter alia, by the use or lack of access to that website, the use or lack of access to a related website ("links"), failures in the performance of the website, errors in the website, omissions, interruptions, delays in operation or transmission, failures in the line, and similar. CHOCOLATES S.A.C. ELEMENTO carefully selects links ("links") to other Internet sites, to which you have access through your website, but you are not responsible for the content or technical aspects of them, especially if you take into account that such content varies from time to time. Consequently, their access to such sites through the website of ELEMENTO CHOCOLATES S.A.C. will be made under the entire and exclusive risk and responsibility of the user. CHOCOLATES S.A.C. ELIMENTO does not guarantee, express or implicitly, the
• The functional elements of this website have no interruptions or no errors.
• The mistakes are corrected.
• The server of this website, or the server of the links (links) by which they make this website available or those, are free of viruses or other harmful components.

ELEMENTO CHOCOLATES S.A.C. is not held responsible for any problem that is generated by the paywalk or by the bank from which it tries to pay.

The release managed by ELEMENTO CHOCOLATES S.A.C., will be our responsibility until the product is delivered to the courier. The user-generated offices are the absolute responsibility of the user.

IV. COOKIES MANAGEMENT

Cookies are small text files that a web server sends to its computer. Cookies serve us to bring benefits. The cookies of a session remember the activity you previously carried out, for example an article you put in your shopping cart. Persistent cookies keep their preferences from many sessions, for example the customization of definitions on our websites. They can also be used to show targeted notices and recommendations, for example to not show you the same ads several times or to show you ads that we think you are interested in according to your previous activities on our website. Cookies are also used to determine the effectiveness of our promotions and advertising campaigns, as well as to improve our products and services. CHOCOLATES S.A.C. ELEMENT can use visit counters (called tracking images or "pixel tags") in relation to some of our websites. However, we do not use them for personal identification of users. The visiting counters (web beacons) are usually graphic images that are put on a website and used to count visitors or to access certain cookies. This information is used to improve our services. The visiting counters do not normally collect information different from what your browser provides as a standard part of any Internet communication. If you disable cookies, the visit counter will not be able to track specific

1. _ is the holder of the personal data bank where the information provided to process this application is stored.

2. Storage time: Personal data shall be kept for 12 months.

3. Rights of the data holder: As the holder of your personal data, you have the right to access your data in possession of CHOCOLATES ELEMENTO S.A.C., to know the characteristics of your processing; to correct them if they are inaccurate or incomplete; to request them to be deleted or cancelled by considering them unnecessary for the purposes previously exposed or to oppose your treatment for specific purposes.

4. ELEMENTO CHOCOLATES S.A.C. states that it has taken the necessary measures to keep your personal data secure.