Terms and Conditions

In accordance with the principle of legality, the collection of personal data through fraudulent, unfair, or unlawful means is rejected.

The processing of personal data will be carried out with the consent of the data subject, except for exceptions provided by law.

Personal data will be collected for a specific, explicit, and lawful purpose and will not be extended to another purpose other than that explicitly established at the time of collection, except for activities of historical, statistical, or scientific value that include a disassociation or anonymization procedure.

All processing of personal data will be adequate, relevant, and not excessive for the purpose for which they were collected.

Personal data will be truthful and accurate, with update procedures implemented to the extent possible.

By registering your data on our website, you consent to provide ESPARRAGOS DEL PERU with your personal data, such as names, email addresses, phone numbers, and other information requested on our web pages or voluntarily provided by you. Likewise, you declare that this consent will prevail over any registration in the “Thank you… do not insist” registry of INDECOPI, its replacement, or any block list for communication. However, you can always revoke your consent or contact us, as indicated in this policy.

ESPARRAGOS DEL PERU and, where applicable, data processors will take the technical, organizational and legal measures necessary to ensure the security of personal data.

Through this policy, ESPARRAGOS DEL PERU informs data subjects that they may exercise their rights contained in the constitutional right to personal data protection administratively before the National Data Protection Authority and judicially before the Judiciary.

ESPARRAGOS DEL PERU guarantees an adequate level of security in the processing of personal data, with a minimum level of protection equivalent to that provided by current regulations or international standards in the field.

ESPARRAGOS DEL PERU requests the prior, express, and informed consent of data subjects for whom it needs to carry out data processing. Therefore, the User/Client accepts that all information and/or data provided are under their full consent, declaring the following:

• Prior: This means that consent must be granted by the Data Subject before the collection of their personal data.
• Express: The consent of the Data Subject must be explicit and specific; open or unspecific authorizations are invalid. The Data Subject must express their willingness to authorize ESPARRAGOS DEL PERU to process their personal data.
• Informed: The Data Subject must be clearly informed about the following:

i. The identity and address or contact information of the personal data bank owner to whom they can address to revoke consent or exercise their rights.
ii. The purpose or purposes of the processing to which their data will be subjected.
iii. The existence of the personal data bank where their data will be stored, when applicable.
iv. The mandatory or optional nature of their responses to the questionnaire, when applicable
v. The consequences of providing your personal data and of your refusal to do so; and
vi. If applicable, the national and international data transfers that may occur.

ESPARRAGOS DEL PERU may obtain such consent through various means, including physical documents, electronic means, voice messages, websites, or any other format that allows for unambiguous acquisition.

2. PERUVIAN LEGISLATION

This policy is regulated by Peruvian legislation, specifically by the following regulations:

• Law N° 29733 – Personal Data Protection Law.
• Regulation of Law N° 29733, approved by Supreme Decree N° 003-2013-JUS.
• Law N° 27693 – Law that creates UIF-Peru.
• Regulation of Law N° 27693, approved by Supreme Decree N° 020-2017-JUS.

3. TREATMENT OF PERSONAL DATA

In accordance with Law N° 29733 – Personal Data Protection Law and its Regulation approved by Supreme Decree N° 003-2013-JUS, personal data is understood as any numerical, alphabetical, graphic, photographic, acoustic information about personal habits, or any other type of information concerning a natural person that identifies them or makes them identifiable through means that can reasonably be used.

Likewise, the treatment of personal data is understood as any technical, automated or non-automated operation or procedure that allows the collection, recording, organization, storage, preservation, elaboration, modification, extraction, consultation, use, blocking, deletion, communication by transfer or dissemination, or any other form of processing that facilitates access, correlation, or interconnection of personal data.

The personal data to which ESPARRAGOS DEL PERU will have access are those voluntarily provided by the User through virtual or in-person means, and such data will be used for the following purposes:

a. To send the User advertising, gifts, and offers of products or services from ESPARRAGOS DEL PERU, its strategic allies, and/or affiliated companies through any physical or electronic means (telephone, email, telematic means, instant messaging applications, SMS, social networks, websites, or similar media).

b. To carry out marketing activities (business reports, statistics, surveys, and market research).

c. To verify the accuracy of the information provided by the User in order to comply with AML/CTF (Anti-Money Laundering and Counter-Terrorism Financing) and general anti-corruption protocols.

d. For contractual purposes.

e. Other purposes that ESPARRAGOS DEL PERU may determine are related to its activities in compliance with applicable regulations.

The personal data requested from Users are adequate, relevant, and not excessive in relation to the purposes for which they are collected and will be of an identifying nature, including personal, economic-financial, and social characteristics, such as: names and surnames, identity documents, foreigner identification card, address, telephone numbers, email address, marital status, date of birth, nationality, profession, and occupation, among others.

The personal data provided by Users must be accurate and correct to truthfully reflect their current situation. Otherwise, this data will be canceled.

ESPARRAGOS DEL PERU may process User data directly or through service providers who will be considered data processors of my personal data. Likewise, ESPARRAGOS DEL PERU may transfer the personal data of its Users in Peru to its affiliated companies to carry out, on their own behalf and for their benefit, the purposes established in this policy.

In this regard, the User has been informed of the complete list of individuals who may receive the entrusted data.

The personal data of Users will be kept stored for as long as their use and processing are necessary to fulfill the aforementioned purposes, or until consent revocation is requested. Personal data will be canceled when they are no longer necessary for the purposes for which they were collected and may also be retained during the time when ESPARRAGOS DEL PERU may be held responsible for any liability arising from this relationship with Users.

ESPARRAGOS DEL PERU respects the privacy of its Users; therefore, we will not share your information with third parties if you expressly communicate your refusal to do so.

We inform Users that the personal data they provide to us will not be disclosed to any third party without the corresponding consent. It is important for Users to know that their personal data may be disclosed to administrative entities, judicial authorities, and/or the police, as established by law.

The personal data provided by Users will be treated with complete confidentiality. ESPARRAGOS DEL PERU undertakes to maintain professional secrecy indefinitely with respect to them and guarantees the duty to keep them secure by adopting all necessary security measures.

i. Right to Update

Users can request update, inclusion or modification of their personal data when they are partially or entirely inaccurate, incomplete, erroneous, false, or outdated. They must also specify the data they want to be rectified/updated/modified/included, as well as the correction/incorporation they wish us to make and attach the corresponding supporting documents.

ii. Right to Cancel

Users can request the total or partial cancellation of their personal data from our databases if they are no longer necessary for the purpose for which they were collected, if the processing period has expired, or when the processing does not comply with data protection regulations.

They should be aware that their cancellation request will not be granted if they maintain a contractual relationship with ESPARRAGOS DEL PERU and their data is necessary to execute such contractual relationship. It will also not be granted when we are required to retain their personal data for the periods provided for in current regulations or when they are retained for historical, statistical, or scientific reasons in accordance with applicable law.

iii. Right to Object

Users have the right to object to being included in our personal databases or to the management of their information when they have not authorized its collection, it has been obtained from publicly accessible sources, or when, having given their consent, they can demonstrate the existence of legitimate reasons related to a specific personal situation that justify the exercise of this right.

iv. Right to Withdraw Consent

At any time and without prior justification, you can request that your personal data cease to be used for any of the previously authorized purposes. It should be noted that your request for withdrawal will not proceed if you have a contractual relationship with the company, and your data is necessary to execute such contractual relationship. It will also not proceed when we are required to retain your personal data for the periods provided for in current regulations or when they are retained for historical, statistical, or scientific reasons in accordance with applicable law.

If you have any questions, comments, suggestions, or inquiries about our Privacy Policy or wish to exercise your rights as the data subject, please write to the following email address: info@swisscrops.com.

4. INTELLECTUAL PROPERTY

ESPARRAGOS DEL PERU maintains this website to provide information about its products and as a means of commercial interaction with its customers. Trademarks, trade names, reviews, graphics, photographs, drawings, designs, and any other property appearing on this website, as well as the contents, are legally protected in favor of this company and the business group in accordance with legal provisions on industrial property and copyright. Consequently, they may not be used, modified, copied, reproduced, transmitted, or distributed in any way without the prior written and express authorization of ESPARRAGOS DEL PERU.

The contents protected in accordance with the above paragraph include texts, images, illustrations, drawings, designs, software, music, sound, photographs, and videos, as well as any other means or forms of disseminating content, information, or knowledge.

5. DISCLAIMER OF LIABILITY

The website www.swisscrops.com is a page created solely for informational purposes. In all cases of discrepancies between the information contained on this page and the terms of contracts with our customers, the terms of the contract will prevail over those that may appear on the website.

The material and technical components on this website may include errors and technical failures, and therefore, each user’s visit will be at their own risk. Neither ESPARRAGOS DEL PERU nor the group to which it belongs, as well as the third parties involved in the design, administration, and updating of the website, will be responsible for any damages that users may directly or indirectly suffer, or as a consequence of accessing or using the website. ESPARRAGOS DEL PERU does not guarantee that access to its website will be permanent or free of errors, or that it is free of viruses or other harmful components. Consequently, ESPARRAGOS DEL PERU will not be responsible for damages suffered by the use of its website, caused, among other circumstances, by the use or lack of access to said website; the use or lack of access to a linked website (“links”); website performance failures; errors in it; omissions; interruptions; delays in operation or transmission; line failures, and similar.

ESPARRAGOS DEL PERU carefully selects links to other Internet sites, which can be accessed through its website, but is not responsible for the content or technical aspects of such sites, especially considering that such content may change over time. Consequently, your access to such sites through the ESPARRAGOS DEL PERU website will be at your own risk and responsibility.

ESPARRAGOS DEL PERU do not guarantee, either expressly or implicitly, the contents incorporated on this website or its functional elements.

6. MONEY LAUNDERING AND TERRORIST FINANCING PREVENTION

ESPARRAGOS DEL PERU and/or its affiliated companies declare that, in accordance with national regulations on anti-corruption, money laundering prevention, and terrorist financing prevention, or other regulations that may be applicable to one or both Parties in any other jurisdiction, the resources, funds, money, assets, goods, and/or services it provides come from, and are intended exclusively for lawful activities and are not linked to illegal activities that violate these regulations.

Likewise, it guarantees and asserts that it has not been, nor is it currently included, and has not been, nor is it, to date, a party to any contract, agreement, or covenant with any person who is, at any time, included in any of the following categories:

i. Identified in the list of specially designated nationals and blocked persons issued by the U.S. Department of the Treasury (List of Specially Designated Nationals and Blocked Persons, “SDN List”);

ii. Sanctioned by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury;

iii. Investigated or sanctioned by the U.S. Office of Foreign Assets Control (“OFAC”), the U.S. Bureau of Industry and Security, or the U.S. Directorate of Defense and Trade Controls;

iv. Sanctioned or subject to any criminal complaint for having links to any activity, practice, or conduct that constitutes an offense under applicable laws against bribery, corruption, money laundering, illegal payments, bribery, illegal political contributions, laws, rules, and regulations similar to those under the laws of the Republic of Peru; sanctioned or investigated for having links to any conduct contrary to the provisions of the Foreign Corrupt Practices Act (“FCPA”) of the United States of America and the UK Bribery Act 2010; or, within the scope of Law N° 30737 or any regulation that, in its broadest form, regulates, amends, expands, or replaces the aforementioned Law N° 30737, whether they have been expressly included in the list published by the Ministry of Justice and Human Rights (in application of the aforementioned regulation) or by the entity that replaces it.

ESPARRAGOS DEL PERU declares that:

a. It complies with all general and specific regulations on anti-money laundering and terrorist financing prevention, as applicable.

b. It has prevention and control mechanisms for money laundering, customer knowledge, detection and reporting of suspicious transactions, and control of terrorist financing.

c. In all operations they carry out, they monitor the origin of funds. Likewise, to carry out commercial transactions or any other nature, they verify that the counterparty (a) is not included or listed on lists of restricted entities or international sanctions lists, or (b) has precautionary measures on assets initiated in fraudulent or negligent processes against public administration or within processes of asset forfeiture.

d. It declares that it is aware of and accepts the anti-corruption regulations applicable in Peru, committing to strictly comply with their provisions to avoid engaging in any conduct that could be considered bribery or corrupt in any way. In particular, it undertakes, in relation to transactions or contractual relationships it enters into, not to offer, pay, promise to pay, authorize the payment, request, receive, or authorize the receipt of money or any gift or thing of value, directly or indirectly, to government officials, government entities, or third parties with whom they have a business relationship, in order to induce a decision, with the purpose of unduly obtaining or retaining business, or directing business toward any person or obtaining any other undue advantage.

e. It declares that the origin of its income and other assets does not come from illegal activities, and likewise, it is not included or listed on lists of restricted entities or international sanctions lists. Similarly, its activities and businesses do not fall into either of the two categories of money laundering (conversion or movement), and, consequently, they undertake to compensate the other Party for all damages that may be caused to it or to third parties linked to it in the event of a breach of this declaration. For all purposes, “money laundering” is the set of procedures used to change the nature of assets obtained illegally, so that it appears to have been obtained from legitimate sources. These procedures include concealing the origin and true ownership of the funds.

ESPARRAGOS DEL PERU S.A.C. RUC N° 20601266882