1. Identification of the Data Controller

DIGITAL GHP S.A.S. (“Digital GHP” or the “Controller”), a simplified stock company (S.A.S.) incorporated under the laws of the Republic of Colombia, Tax ID (NIT) 901694093, with principal domicile in Medellín, Antioquia, Colombia, address Cra. 20 # 12 Sur - 425, email nicolas@digitalghp.com, phone (+57) 314 661 6324, website www.digitalghp.com.

2. Purpose and scope

This Policy sets out the guidelines under which Digital GHP processes the personal data recorded in its databases, in compliance with Colombian Law 1581 of 2012, Decree 1377 of 2013 (compiled into Decree 1074 of 2015) and any rules that amend or supplement them. It applies to all data subjects whose data is processed by Digital GHP, including website users, prospects, clients and their representatives, suppliers, partners, employees, contractors and job candidates.

3. Definitions

The definitions of article 3 of Law 1581 of 2012 and Decree 1377 of 2013 apply, including:

• Authorization: the data subject's prior, express and informed consent to the processing of their personal data.
• Database: an organized set of personal data subject to processing.
• Personal data: any information linked or linkable to one or more identified or identifiable natural persons.
• Sensitive data: data affecting the data subject's privacy or whose misuse may lead to discrimination.
• Data processor: the party that processes personal data on behalf of the controller.
• Data controller: the party that decides on the database and/or the processing of the data.
• Data subject: the natural person whose personal data is processed.
• Processing: any operation on personal data, such as collection, storage, use, circulation or deletion.
• Transfer: sending data to a recipient that is itself a data controller, inside or outside Colombia.
• Transmission: communicating data to a processor, inside or outside Colombia, to process it on the controller's behalf.

Principles and purposes

4. Guiding principles

Digital GHP applies the principles of lawfulness, purpose, freedom, truthfulness or quality, transparency, restricted access and circulation, security and confidentiality, under article 4 of Law 1581 of 2012.

5. Data processed and purposes

a) Website users and prospects. Through the contact form we collect the name or company name, email address, subject and message content. Purposes: responding to requests, questions and proposals; preparing quotes; managing commercial and pre-contractual relations; and, where authorized, sending communications about the studio's services.

b) Clients and their representatives. Identification, contact and billing data required for the contractual relationship. Purposes: executing and performing service agreements; invoicing and payment management; support; compliance with legal, accounting and tax obligations; and, with the client's authorization, displaying completed projects as a professional portfolio.

c) Suppliers and partners. Identification, contact and banking data of suppliers and their representatives, for procurement, payments, evaluation and contract performance.

d) Employees, contractors and candidates. Data required for employment or contractual management, social security affiliation and payments, and recruitment processes.

e) General purposes. Internal administrative management, information security, record keeping, and the exercise or defense of rights in administrative or judicial proceedings.

6. Sensitive data and minors' data

Digital GHP does not intentionally collect sensitive data or data of children and adolescents through its website. Where processing sensitive data becomes necessary (for example, health information in HR management), the data subject's explicit consent will be obtained, informing them that they are not obliged to grant it. Minors' data will only be processed where the law allows, respecting their best interests and fundamental rights.

7. Authorization

Processing requires the data subject's prior, express and informed authorization, which may be granted in writing, orally, or through unequivocal conduct that reasonably indicates consent — such as voluntarily completing and submitting the contact form with the acceptance checkbox for this Policy. Digital GHP keeps evidence of the authorization. Authorization is not required in the cases exempted by article 10 of Law 1581 of 2012.

Rights and duties

8. Data subjects' rights

Under article 8 of Law 1581 of 2012, data subjects have the right to:

• Know, update and rectify their personal data held by Digital GHP.
• Request proof of the authorization granted, subject to legal exceptions.
• Be informed, upon request, of the use made of their data.
• File complaints with the Superintendence of Industry and Commerce (SIC) for breaches of the data protection regime, after first exhausting the inquiry or claim procedure before the Controller.
• Revoke the authorization and/or request deletion of the data where no legal or contractual duty requires its retention.
• Access their processed personal data free of charge.

9. Duties of Digital GHP

Digital GHP guarantees data subjects the full exercise of the right of habeas data; keeps the authorization granted; informs them of the purposes of processing and their rights; stores the information under security conditions preventing tampering, loss, or unauthorized access or use; guarantees confidentiality; updates and rectifies data as appropriate; handles inquiries and claims under this Policy; and complies with SIC requirements.

10. Inquiries and claims procedure

Responsible area: Digital GHP's Managing Direction handles data subjects' inquiries, requests and claims via nicolas@digitalghp.com (suggested subject line: “Personal Data Protection”) or (+57) 314 661 6324.

Inquiries: answered within a maximum of ten (10) business days from receipt. If that is not possible, the interested party will be informed of the reasons and the new response date, which will not exceed five (5) additional business days.

Claims: claims must include the data subject's identification, a description of the facts, a contact address, and any supporting documents. Incomplete claims will trigger a request for completion within the following five (5) days; if two (2) months pass without a response, the claim is deemed withdrawn. Once complete, the label “claim in progress” is added to the database within two (2) business days. Claims are resolved within a maximum of fifteen (15) business days; if not possible, the reasons and new date will be communicated, not exceeding eight (8) additional business days.

Transfers, security and term

11. International transmission and transfer of data

Digital GHP relies on technology providers whose servers may be located outside Colombia (including web hosting and publishing, cloud email and storage, and analytics, CRM and marketing tools). Personal data may therefore be transmitted to processors located abroad, subject to articles 26 and 27 of Law 1581 of 2012 and SIC External Circular 005 of 2017: transfers or transmissions will be made to countries offering an adequate level of protection, or with the data subject's authorization, or under transmission agreements ensuring compliance with this Policy, as applicable.

12. Security measures

Digital GHP adopts reasonable technical, human and administrative measures to protect personal data, such as access controls and authentication, encryption of data in transit, backups, and confidentiality duties binding its team and data processors.

13. Term of the Policy and of the databases

This Policy is effective upon publication. Personal data is kept for as long as the relationship that gave rise to its processing subsists and, thereafter, for the retention periods required by applicable accounting, tax, labor or commercial regulations. Once those periods expire, the data will be deleted or anonymized.

14. Amendments

Digital GHP may amend this Policy at any time. Substantial changes will be communicated to data subjects by publication on the website, indicating the date of the latest update.

1. Site operator

This website (the “Site”) is operated by DIGITAL GHP S.A.S. (“Digital GHP”, “we” or the “Studio”), a simplified stock company (S.A.S.) incorporated under the laws of the Republic of Colombia, Tax ID (NIT) 901694093, with principal domicile in Medellín, Antioquia, Colombia, address Cra. 20 # 12 Sur - 425, contact email nicolas@digitalghp.com and phone (+57) 314 661 6324.

2. Purpose and acceptance

These Terms and Conditions (the “Terms”) govern access to, navigation of, and use of the Site, as well as the information, content and features available on it, including the contact form and the blog. Accessing and using the Site makes the person doing so a user (the “User”) and implies full, unreserved acceptance of the version of these Terms published at the time of access. Users who disagree with these Terms must refrain from using the Site.

Pursuant to Colombian Law 527 of 1999, the User acknowledges the full legal validity and effect of data messages and electronic communications exchanged through the Site or by email.

3. Informational nature of the Site and engagement of services

The Site's purpose is mainly to inform about and promote the web design, brand design and content design services provided by Digital GHP. The information published on the Site — including the plans and prices in the pricing section (Launch, Elevate, Evolve and Custom) — is for general reference only and does not constitute a binding commercial offer under the Colombian Commercial Code.

Services are engaged solely through a separate proposal, quote or agreement, signed or accepted in writing (including by email) between Digital GHP and the client. That document prevails over these Terms in everything concerning scope, deliverables, timelines, final prices, currency and payment terms, and intellectual property rights in the commissioned work. Reference prices on the Site are expressed in United States dollars (USD); their conversion, invoicing and payment are governed by the relevant agreement and applicable Colombian foreign-exchange regulations.

Nothing in these Terms limits the rights granted to consumers by Law 1480 of 2011 (Colombian Consumer Statute), where applicable.

Use of the Site and intellectual property

4. Permitted use of the Site

The User agrees to use the Site diligently, lawfully and in accordance with these Terms, Colombian law, morality and public order. In particular, the User shall refrain from:

• Using the Site for unlawful purposes or to harm the rights and interests of third parties or of Digital GHP.
• Introducing or spreading viruses or malicious code, or taking actions that may damage, disable or overload the Site or impair its normal operation.
• Attempting to access restricted areas, systems or data of the Site or of third parties without authorization.
• Reproducing, copying, distributing or transforming Site content without the prior, express authorization of its owner, except as allowed by law.
• Submitting false or inaccurate information, or third parties' information without their authorization, through the contact form.
• Using bulk or automated content-extraction techniques (scraping) for commercial purposes without authorization.

5. Intellectual property

All Site content — including, without limitation, texts, design, visual identity, logos, trademarks, illustrations, photographs, videos, code and the arrangement of elements — is owned by Digital GHP or by third parties who have authorized its use, and is protected by Colombian and Andean Community rules on copyright and industrial property, in particular Law 23 of 1982, Andean Decision 351 of 1993 and Andean Decision 486 of 2000.

Client projects, trademarks and materials displayed in the Site's projects section belong to their respective owners and are shown solely as a professional portfolio, with their authorization. Nothing on the Site shall be construed as an assignment or license of intellectual property rights to the User.

6. Blog content (“Notes”)

Articles published in the Site's blog section reflect the professional opinions and learnings of the Digital GHP team, are for information and general-interest purposes only, and do not constitute professional, technical or commercial advice for specific cases. Digital GHP does not warrant that such information is permanently up to date and assumes no liability for decisions made by the User solely on the basis of it.

Data, cookies and third parties

7. Personal data processing

Digital GHP, as data controller, collects and processes the personal data voluntarily provided by the User through the contact form (name or company name, email address, subject and message content), in accordance with Law 1581 of 2012, Decree 1377 of 2013 (compiled into Decree 1074 of 2015) and any rules amending or supplementing them.

Processing purposes: (i) handling and responding to the User's requests, questions and proposals; (ii) preparing quotes and managing pre-contractual and contractual relations with clients and prospects; (iii) sending communications about the Studio's services where the User has authorized it; and (iv) complying with legal, accounting and tax obligations.

Data subjects may at any time exercise their rights to know, update, rectify and delete their personal data, and to revoke their authorization, by writing to nicolas@digitalghp.com. Deletion and revocation apply where no legal or contractual duty requires retention. After exhausting this procedure before Digital GHP, data subjects may file complaints with the Superintendence of Industry and Commerce (SIC), Colombia's data protection authority.

Personal data processing is governed in full by Digital GHP's Personal Data Processing Policy, which forms an integral part of these Terms.

8. Cookies and similar technologies

The Site may use its own and third-party cookies and similar technologies (for example, web analytics tools such as Google Analytics and marketing tools such as HubSpot) to ensure its operation, measure audience and improve the browsing experience. Users may configure their browser to reject or delete cookies; doing so may affect some Site features. Details of the cookies used and their purposes are provided in the Personal Data Processing Policy.

9. Third-party links

The Site may contain links to third-party websites or platforms (for example, social networks such as LinkedIn, Instagram and Behance). Those sites are unrelated to Digital GHP, which does not control and is not responsible for their content, privacy policies or practices. Users access them at their own risk.

Liability, amendments and governing law

10. Availability, warranties and liability

Digital GHP will strive to keep the Site working properly but does not guarantee uninterrupted availability or the absence of errors, and may temporarily suspend access for technical, maintenance or security reasons without incurring liability.

To the maximum extent permitted by Colombian law, Digital GHP shall not be liable for damages arising from: (i) the User's misuse of the Site; (ii) failures, interruptions or viruses attributable to the network, the hosting provider or the User's devices; (iii) information on linked third-party sites; or (iv) force majeure or unforeseeable events. The foregoing is without prejudice to any liability that cannot be excluded or limited by law, in particular under the Consumer Statute and the personal data protection regime.

11. Amendments

Digital GHP may amend these Terms at any time, as well as the Site's content, structure, plans and reference prices. Amendments take effect upon publication on the Site, indicating the date of the latest update. Users are advised to review this page periodically.

12. Notices and contact

Any request, petition, complaint, claim or communication regarding the Site or these Terms may be sent to nicolas@digitalghp.com or (+57) 314 661 6324, in Medellín, Colombia. Digital GHP will respond within the time limits set by applicable Colombian law.

13. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Colombia. Any dispute arising from the use of the Site or these Terms shall be submitted to the competent courts of the city of Medellín, Colombia, without prejudice to the jurisdiction of the Superintendence of Industry and Commerce in consumer protection and data protection matters, or to any alternative dispute resolution mechanisms the parties may agree on.

14. Term and acceptance

These Terms are effective from their publication date and remain in force until amended or replaced. Use of the Site after any amendment constitutes acceptance of the then-current version.