This document sets out the terms and conditions for the use of the content and/or services of the websites sistica.com and sistinova.com, for which Sistica or Sistinova is the comodatario (holder under a loan for use).
To use the content and/or services of the website, the user must accept the terms and conditions described below:

1. Purpose

Through the websites sistica.com and sistinova.com (hereinafter, the “website”), SISTICA IT SAS, a Colombian company that owns sistica.com and the registered trade name SISTICA at the Bogotá Chamber of Commerce, provides users with access to various services, links, and content such as information, news, and items of interest to the general community. SISTICA IT SAS may modify at any time the presentation, configuration, and location of the website, as well as the content, services, and the conditions required for its use.

1.1 Scope

The purpose of this document is to regulate access to and use of the content and/or services available to the general public on the domains sistica.com and sistinova.com. SISTICA IT SAS reserves the right to make any type of modification to the website at any time and without prior notice; therefore, the user accepts such changes. Access to the website by the user is free of charge; the use of the content and/or services is subject to the fees established by law. The website only admits access by adults; therefore, SISTICA IT SAS is not responsible for any failure to comply with this requirement. The website is intended for users residing in Colombia and complies with the legislation in force in the country; if a user resides in another country and decides to access the website, they do so at their own risk. Website administration may be carried out by third parties—persons other than the owner—without affecting these terms and conditions.

1.2 Users’ rights and duties

User activity on the website—such as posts or comments—will be subject to these terms and conditions. The user undertakes to use the content, products, and/or services lawfully, without offending morality or public order, refraining from any act that affects the rights of third parties or the operation of the website. The user agrees to provide true information in website forms. Access to the website does not imply a relationship between the user and SISTICA IT SAS. The user states that they are of legal age and have the legal capacity to comply with these terms and conditions.

2. Conditions for access and use of the website

The user must use the website, its content, and services properly and lawfully, in accordance with the applicable legislation, these general and any particular terms of use, and other instructions provided on the website. The user must refrain from:

1. using the website, content, or services in an unauthorized or fraudulent manner;
2. accessing or attempting to access restricted resources or areas of the website without meeting the conditions required for such access;
3. using the website and/or the content and services for illegal purposes or in ways contrary to these general conditions, any particular conditions, good faith, and public order; in ways harmful to the rights and interests of third parties; or in any way that may damage, disable, overload, or impede normal use of the website;
4. introducing or spreading computer viruses or carrying out actions likely to alter, interrupt, or cause errors or damage to electronic documents, data, or the computer systems (hardware and software) of SISTICA IT SAS;
5. attempting to access, use, and/or manipulate the databases of SISTICA IT SAS;
6. reproducing, copying, distributing, transforming, or modifying content unless authorized by the holder of the corresponding rights or legally permitted;
7. removing, hiding, or manipulating notices on intellectual property rights and other identifying data regarding the rights of SISTICA IT SAS or third parties incorporated into the content, as well as technical protection devices or information mechanisms that may be inserted into the content and services;
8. impersonating another user when using the services offered on the website;
9. providing false or inaccurate data; and, in general, engaging in any conduct that causes damage to the website, SISTICA IT SAS, or third parties.

The user will be liable for any damages of any kind that SISTICA IT SAS may suffer as a consequence of improper use of the website, in which case SISTICA IT SAS will take the pertinent legal actions.

3. Privacy and protection of personal data

In accordance with Law 1581 of 2012 on the Protection of Personal Data, Sistica undertakes to take the necessary measures to guarantee user security, preventing misuse of the personal data provided on the website. The use of personal data will be limited to what is set out in this policy, available via the link “Personal Data Processing Policy”.

Sistica or Sistinova reserves the right to make any changes to the personal data processing policy at any time and without prior notice, in line with its needs or changes in applicable legislation; the user accepts such changes. The website uses cookies—small amounts of information stored in the user’s browser, such as login data, user preferences, date and time of access, pages visited, and IP address. This information is anonymous and will only be used to improve the website. Cookies make browsing easier and friendlier; however, the user may disable them at any time from their browser, understanding that this may affect some website functions.

3.1. Public data

Information supplied by the user through the website or through physical or electronic forms in compliance with the duty to register, update, or renew in public registries—commercial, bidders, non-profit entities, national tourism registry, and other public registries managed by SISTICA IT SAS—shall be governed by the principle of publicity inherent to them and by the rules and principles in the regulations that govern them.

3.2. Purpose of personal data that are not public

Users accessing the website are not obliged to provide personal information; any provision of data will be voluntary. Nevertheless, some online services available on the website will require the user to complete a registration form. Personal data provided by the user in any of the forms available on the site will be used to provide the requested service and will be incorporated into a database under the responsibility and management of SISTICA IT SAS.

Personal data supplied in forms other than public registries will be handled confidentially in order to provide the services and support required by the user, with the constitutional, legal, and other applicable guarantees on data protection. SISTICA IT SAS will not assign, sell, or share collected personal data without the user’s express authorization. Likewise, SISTICA IT SAS will update, rectify, or delete data when they are inaccurate, incomplete, or no longer necessary or relevant for the original purpose.

3.3. Data quality

When completing the forms provided on the website, no user may use another person’s identity or data. At all times, the user must only include data corresponding to their own identity, which must be adequate, relevant, current, and true. The user will be solely responsible for any damage caused to third parties or to SISTICA IT SAS due to the use of another person’s personal data or, when referring to their own data, by including erroneous, false, outdated, inadequate, or irrelevant information. SISTICA IT SAS may verify personal data provided by consulting public entities, specialized companies, or information bureaus to confirm their accuracy. Information obtained by SISTICA IT SAS from these entities will be treated confidentially.

3.4. Exercise of the habeas data right

The user may exercise their right to access, update, rectify, and delete the personal data provided to SISTICA IT SAS by sending an email to protecciondedatos@localhost stating the request or right being exercised, the user’s full name, and contact details for notifications. This right may be exercised, among other cases, for partial, inaccurate, incomplete, fragmented data, data that may lead to error, or those whose processing is expressly prohibited or has not been authorized by the data subject.

For data that form part of public registries, the data subject must request an update by private document presented in person or with notarial proof of personal appearance at SISTICA IT SAS and pay the applicable fee.

3.5. Cookies

SISTICA IT SAS uses cookies while providing services on the website. Cookies are physical files of personal information stored on the user’s device. If the user leaves the website via links to other sites, SISTICA IT SAS will not be responsible for the privacy policies of those sites nor for cookies that may be stored on the user’s computer.

3.6. Security measures adopted for personal data processing

SISTICA IT SAS informs the user that it has adopted the necessary technical, legal, and administrative measures to ensure the security of personal data and to prevent their alteration, loss, or unauthorized processing or access.

3.7. Sending commercial, promotional, or service information

Prior to collecting data, users’ express consent will be requested so that SISTICA IT SAS may use such data to send information or advertising by email or text messages to mobile phones. If the user later wishes to revoke consent to receive commercial information by email or any other similar or equivalent means, they may do so by sending a message to protecciondedatos@localhost.

3.8. Policy, manual, and privacy notice

Without prejudice to the provisions of these terms, SISTICA IT SAS has established its policy, manual, and privacy notice regarding the processing of all personal databases for which it is responsible and/or in charge. These can be consulted on the website home page, “Policies” option in the bottom menu in the site footer.

4. Intellectual property rights

Intellectual property rights over the content or any element inserted on the website (including, without limitation, trademarks, logos, trade names, texts, images, photographs, graphics, designs, sounds, databases, software, audio and video) belong to SISTICA IT SAS and/or third parties. All content on this website is protected by Colombian and international copyright laws. Access to the website does not imply any waiver, transfer, license, or total or partial assignment of such rights, unless expressly stated otherwise. These general terms of use do not grant users rights of use, alteration, exploitation, reproduction, distribution, or public communication of the website or its content other than those expressly provided. Any use or exploitation of such rights is subject to prior and express authorization from SISTICA IT SAS or the third-party rights holder.

SISTINOVA is a trade name describing an affiliate of SISTICA IT SAS that operates in the technology sector initially in Colombia and in the future worldwide. Trademarks owned by SISTICA IT SAS may not be used or publicly displayed without the prior written consent of the trademark owner, except for logos and photographs downloaded as set forth elsewhere on this website. All rights not expressly granted in this agreement are reserved.

5. Linking

5.1 Linking policy

The website may contain links to other Internet sites belonging to third parties for which Sistica or Sistinova is not responsible.

Users wishing to establish a hyperlink, link, or connection between their website and the website of SISTICA IT SAS must comply with the following conditions: a) the link will only allow access to the homepage of the website and may not reproduce it in any way; b) no false, inaccurate, or incorrect statements or indications about the website of SISTICA IT SAS shall be made; c) it shall not be declared or implied that SISTICA IT SAS has supervised or assumed in any way the content or services offered or advertised on the website where the link is established; d) the website on which the link is established shall not contain any trademark, trade name, denomination, logo, slogan, or other distinctive signs belonging to SISTICA IT SAS without authorization; e) the website on which the link is established shall not contain information or content that is unlawful, contrary to generally accepted morals and good customs and public order, or contrary to third-party rights. The establishment of the link does not imply in any case the existence of any relationship between SISTICA IT SAS and the owner and/or operator of the website where the link is established, nor knowledge, acceptance, and/or approval by SISTICA IT SAS of its content and/or services. Under no circumstances will SISTICA IT SAS be liable for the consequences arising from links introduced by third parties, nor for the content, information, or services offered on the sites where the link has been established.

6. Disclaimer of warranties and liability

6.1. Disclaimer regarding website operation

SISTICA IT SAS will not be liable for damages that may arise from: a) failures in the operation of the website for reasons beyond the control and diligence of SISTICA IT SAS; b) interruption of website operation or computer failures, disconnections, delays, or blockages caused by deficiencies or overloads in networks, the Internet system, or other electronic systems used during operation; c) the website’s unsuitability for users’ specific needs; and d) damage that may be caused by third parties through unauthorized intrusions beyond the control of SISTICA IT SAS. SISTICA IT SAS does not guarantee the absence of viruses or other elements on the website that are introduced by third parties unrelated to SISTICA IT SAS and that may cause alterations in users’ computer systems (software and hardware). Consequently, SISTICA IT SAS will not be liable for damages that may result from the presence of viruses or other elements that may alter users’ physical or logical systems, electronic documents, or files.

6.2. Disclaimer regarding links

The website makes available to users certain links that allow access to pages or websites belonging to third parties. In no case does SISTICA IT SAS assume responsibility for, approve, or adopt the products, services, content, information, data, files, or any kind of material existing on such web pages. If deemed appropriate or required by judicial or administrative order, SISTICA IT SAS will remove links to those web pages that violate applicable law or infringe third-party rights.

7. Content and publications

The economic data and indicators included on the website are for informational purposes only and have been taken from reliable sources; however, it is the user’s responsibility to verify their validity and timeliness with the entities that directly report them in the performance of their duties. Legal information provided through the website does not replace the official publication of laws or regulatory provisions or acts that must be formally published in official journals, gazettes, or bulletins.

8. Payments

To pay for products or services offered by SISTICA IT SAS on the website, the user may access and use the web pages of third parties with whom SISTICA IT SAS has agreements for online payments. Once on the third party’s website, the user must follow the instructions and comply with that site’s terms and conditions.

9. Integrity and severability

If any provision of these terms is ineffective, null, void, or unenforceable under the laws of the Republic of Colombia, the remaining provisions shall not be invalidated unless the agreement cannot be performed without the ineffective, null, void, or unenforceable provision.

10. Applicable law and venue

The relationship between the user and Sistica regarding the use of the website is governed by Colombian law. Sistica is not responsible for improper use of the website’s content, products, and/or services or for non-compliance with these terms and conditions.

The general terms of use of the website and any particular terms that may be established are governed by and must be interpreted in accordance with the laws of the Republic of Colombia. For all legal purposes arising from the development and fulfillment of the obligations derived therefrom, the contractual domicile shall be the city of Bogotá – CUNDINAMARCA, Colombia. Any questions or comments regarding the general and particular terms and conditions of use of the website may be sent to protecciondedatos@localhost.

Intellectual Property

SISTICA IT SAS owns all rights to the software on this website, as well as the industrial and intellectual property rights related to the content included herein, and reserves all copyrights, including those not mentioned in this document.

Intellectual property over website content (texts, graphics, logos, animations, sounds, and databases, among others) is part of the assets of SISTICA IT SAS, or, as applicable, ownership belongs to third parties who authorized their use on the website, or it is public information governed by Colombian freedom-of-information laws. The texts and graphic elements that make up the website, as well as their presentation and layout, are the exclusive property of SISTICA IT SAS, which holds the necessary exploitation rights.

Some materials on this website may be protected by copyright when so indicated in the content. Therefore, any unauthorized use, as well as failure to comply with the terms, conditions, or notices contained herein, may violate current national regulations. In any case, when using such images, SISTICA IT SAS will reference their official sources.

Publications: legal framework

The Publications are governed by the laws of the Republic of Colombia:

• Law 23 of 1982 – General copyright regime.
• Law 44 of 1993 – Amends and supplements Law 23 of 1982 and modifies Law 29 of 1944.
• Law 719 of 2001 – Amends Laws 23 of 1982 and 44 of 1993.
• WIPO Copyright Treaty adopted on December 20, 1996 – World Intellectual Property Organization, Geneva.
• Decree 460 of 1995 (March 16) – Regulates the National Copyright Registry and the Legal Deposit.
• Intellectual property statute.
• Licenses and permits.

References and citations

Any use of publications on the website must indicate authorship; in other words, attribution is required. Under no circumstances is the exploitation of publications for commercial purposes permitted; their use is restricted to non-commercial purposes. New derivative works based on the publications on the website are not authorized; therefore, innovation concerning the publications shall be the exclusive right of SISTICA IT SAS and of the person or institution it authorizes. Accordingly, publications are made available with some rights reserved, and any permissions related to the foregoing shall be handled as described below.

Commercialization of the publications or materials of SISTICA IT SAS is not permitted under any circumstances without prior authorization.

Copyright

The author(s) may have additional rights according to agreements between them and the publisher through assignments, contracts, or agreements.

Clarification

SISTICA IT SAS safeguards respect for copyright through technological tools that allow the identification of possible copies and plagiarism. Nevertheless, authors are morally and legally responsible for the content of their publications and for respecting the rights mentioned. Likewise, SISTICA IT SAS is not responsible for reputational harm or for injuries and/or damages resulting from violations of intellectual or industrial property rights or privacy.

Licenses or authorizations

Send your request to protecciondedatos@localhost including:

• Title of the publication you are interested in.
• Intended use of the material.
• Medium in which the material will be made available.
• Period of time the material will be used.
• Natural or legal person who will use the material. If a legal person, indicate the business sector.

All license or authorization requests will be reviewed by SISTICA IT SAS. In case of violations of these policies—administrative, civil, or criminal—SISTICA IT SAS may seek compensation for damages caused by acts that infringe the policies described above, all within the Copyright Protection framework and applicable regulations.

Use of the website by minors

Minors (under 18) or legally incapacitated persons must not access or use the services provided by the pages without prior consent from their parents, guardians, or custodians. Users under 18 or incapacitated persons may not register on their own to access the services provided by the website, but only with the consent of their parents, guardians, or custodians, as applicable. The Ministry/Single Fund of Information and Communications Technologies states, in accordance with the provisions of the Minor’s Code or applicable laws, that the purpose of the pages is not to undermine the morals or the physical or mental health of minors or incapacitated persons, nor to obtain confidential and intimate information from the user for the purpose of using it against them. Parents, guardians, or custodians of the underage or incapacitated user are fully responsible for the use such user makes of the platform.

Legal notice

SISTICA IT SAS reserves the right to modify, supplement, or suspend, in whole or in part, the application and the content generated through use of the application. It also reserves the right to change the terms and conditions of use at any time, effective immediately from the moment the application is updated. It will be deemed that Citizen-Users have read and accepted the terms and conditions of use to use, access, download, install, obtain, or provide information to the application; therefore, the Citizen-User declares that they are aware that the content inserted in the applications is the sole responsibility of each of the entities that publish it. The use that the Citizen-User makes of the website is under their sole responsibility, and all liability is disclaimed for the availability, timeliness, security, and quality of the application or related application or other products, services, and information obtained through the site. We are not responsible for the accuracy or reliability of any information or advice transmitted through it. Sites linked to the application are not under the control of SISTICA IT SAS, and therefore it is not responsible for the content of linked sites.

© SISTICA IT SAS