TERMS AND CONDITIONS

Please read these Terms and Conditions (Terms and Conditions) carefully before using this website and any unbroken sports wear content on social media sites (including without limitation Facebook and instagram) (collectively: the Site). These Terms and Conditions apply to all visits to and use of the Site, as well as the Content (as defined below), information, recommendations, products and/or services offered to you on or through the Site. By accessing and using the Site, you agree to these Terms and Conditions in their entirety, in addition to any other laws or regulations that may be applicable to the Site and the Internet. If you do not agree to these Terms and Conditions in their entirety, please exit the Site.

SITE OPERATOR

The Site is operated by Unbroken Sports Wear SAS. (hereinafter Unbroken) a company legally incorporated under the laws of the Republic of Colombia, identified with NIT. 900933082-4 and with Commercial Registration No. 21-553202-12 of the Chamber of Commerce of Medellin domiciled in the city of Medellin, at Calle 17 # 37 a 80, Providencia de Castropolo building.

SITE CONTENT

All content appearing on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is the property of Unbroken Sports Wear SAS and its affiliated companies, its licensors and/or its content providers.

All elements of the Site, including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trademark laws and other laws relating to intellectual property rights.

Except as expressly permitted in this or another agreement with Unbroken Sports, no part or element of the Site or its Content may be copied or retransmitted by any means. The Site, its Content and all related rights shall remain the exclusive property of unbroken Sports (Unbroken Sports Wear SAS), its affiliated companies, or its licensors, unless otherwise expressly agreed. All rights are reserved.

COPYRIGHT AND TRADEMARKS

The copyright in all Content belongs and shall remain the property of Unbroken Sports Wear SAS (hereinafter Unbroken Sports), its affiliated companies, or its licensors as applicable. Except as otherwise indicated in specific documents on the Site, you are authorized to view, reproduce, print and download Content found on the Site solely for personal, informational and non-commercial purposes.

You may not modify any materials and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not reuse any Content without first obtaining unbroken's consent. For purposes of these terms, use of such Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content located on the Site.

In the event you download software (including, but not limited to, screensavers, mobile applications, icons, videos, and wallpapers) from the Site, unbroken grants you a license to the software, including any files, images incorporated in or produced by the software, and data accompanying such software (collectively, the Software). Unbroken Sports does not transfer ownership of the Software to you. You own the medium on which the Software is recorded, but unbroken remains the sole owner of the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

All trademarks, service marks, logos and trade names appearing on Unbroken Sports products, product packaging and/or the Site, whether registered or not (including, but not limited to: the "Unbroken Sports Wear" co-branded mark, "the lion logo", "the be you, be unbroken slogan", "the toe logo") (the Trademarks) shall remain the exclusive property of unbroken sports wear, its affiliated companies, or its licensors (as applicable) and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of material on the Site, without unbroken sports wear's prior written consent.

The use of the Trademarks on other websites or networked computer environments, for example the storage or reproduction of (part of) the Site on external Internet sites or the creation of links, hypertext, hyperlinks or deep links between the Site and any other Internet site, is prohibited without the express written consent of unbroken sports wear.

LIMITATION OF LIABILITY

Your use of the Site is at your own risk. Neither Unbroken, nor any of its employees, officers, directors or agents, nor any other party involved in creating, producing or distributing the Site shall be liable for any direct, indirect, special, consequential or other damages that result from the use of, or inability to use, the Content on the Site, including damages caused by viruses, inaccuracies, incompleteness of the Site information, or performance of products, or any other damages arising out of or in connection with these Terms and Conditions, even if unbroken has been advised of the possibility of such damages.

Please note that some laws do not allow the exclusion of certain damages, under mandatory rules, so the above exclusions and limitations may not apply to you.

DISCLAIMER OF WARRANTIES

The Site and the Content are provided free of charge and “as is” without warranty of any kind. The information on the Site is for general information purposes only and does not constitute advice.

Unbroken does not represent or warrant that the information and/or services included on the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or other harmful components.

In addition, unbroken will not provide any specific IT infrastructure or connectivity. Therefore, unbroken cannot represent or warrant that the Site will be uninterrupted or error-free. unbroken makes no warranties or representations regarding the use of the Content on the Site in terms of correctness, accuracy, suitability, usefulness, timeliness, reliability, etc., or otherwise, in each case to the maximum extent permitted by applicable law.

INCORRECT USE OF THE SITE

You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) that infringes or may infringe any third party's intellectual property rights or which is threatening, false, misleading, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminatory or unlawful, or which could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or otherwise give rise to civil liability or violate any law.

Unbroken may deny you access to the Site at any time in its sole discretion, and this may include situations where Unbroken considers that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws.

You are also prohibited from using the Site to advertise or solicit commercial goods.

LINKS TO THIRD PARTIES

For your convenience and to enhance your use of the Site, we may from time to time provide links to websites owned and controlled by third parties. These links take you outside of the Unbroken Sports Site and service and are beyond the control of the company. This includes links to our partners who may use the Unbroken Sports Trademarks as part of a co-branding agreement.

The sites to which you may link have their own independent terms and conditions as well as their own privacy policy. Unbroken Sports is not responsible and cannot be held liable for the content and activities of these sites. Therefore, your visit or access to these sites is entirely at your own risk.

Please note that these other sites may send their own cookies to users, collect data or solicit personal information and you are therefore advised to check the terms of use and privacy policies of these other websites before using them.

User Generated Content

Any feedback, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials you or any other user of the Site submit to the Site or transmit using the Site (User Generated Content) will be considered non-confidential and non-proprietary.

Accordingly, unbroken shall have the non-exclusive, royalty-free right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any media and throughout the world (license grant). You acknowledge and agree that unbroken is only acting as a passive conduit for the distribution of User Generated Content and assumes no responsibility or liability to you or any third party for the content or accuracy of any User Generated Content.

Unbroken will not, and shall not be under any obligation to, continuously monitor User Generated Content posted by you or moderate between users. Without limiting the foregoing, you acknowledge and agree that any observations, opinions, comments, suggestions and other information expressed or included in User Generated Content do not necessarily represent those of unbroken. Any use by you of User Generated Content is at your sole risk.

You represent and warrant that any User Generated Content submitted or transmitted by you is original to you, does not copy the work of any third party or otherwise infringe any third party's intellectual property rights, rights of privacy or rights of personality, and does not contain any defamatory or libelous statements.

You further represent and warrant that you have the authority to grant the license as set forth in this Section. You agree to indemnify and hold Unbroken and its affiliated companies harmless from and against any costs, expenses, damages, losses and liabilities incurred or suffered by Unbroken or its affiliated companies relating to any User Generated Content posted or transmitted by you or any other use of the Site by you.

Unbroken reserves the right, in its sole discretion, to block or remove (in whole or in part) any User Generated Content submitted or transmitted by you that Unbroken determines to be inconsistent with these Terms and Conditions (including any material that infringes or may infringe a third party's intellectual property rights, rights of privacy or rights of personality) or is otherwise unacceptable to Unbroken.

You agree to promptly notify Unbroken in writing (see How to Contact Us below for contact information) of any User Generated Content (or any other Content) that violates these Terms and Conditions. You agree to provide Unbroken with information necessary to enable Unbroken to investigate whether such User Generated Content (or any other Content) violates these Terms and Conditions. Unbroken agrees to use good faith efforts to investigate the complaint and will, in its sole discretion, take such action as Unbroken deems appropriate. However, Unbroken does not warrant or represent that it will block or remove (in whole or in part) such User Generated Content or any other Content.

HOW TO CONTACT US

If you have any questions or comments about the Site or these Terms and Conditions or if you wish to make a complaint in relation to the Site (or its Content), please use the information link or “contact us”.

SEPARABILITY

Each provision of these Terms and Conditions shall be construed separately and independently of the other provisions. If any provision is held to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the effectiveness of the remaining provisions of these Terms and Conditions.

CHANGES IN TERMS

Unbroken Sports reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Please check these terms periodically for changes. Your continued use of the Site after changes to these Terms and Conditions are posted will mean you accept those changes.

SHOPPING

If you wish to order products through the Site, please also read the Delivery Conditions.

DISCOUNTS

They are valid only while supplies last and for the term established in the specific promotion.

Discounts for subscribers who subscribe to the site will be one-time only (first purchase or one-time use) and are not automatic. Each customer must enter the coupon code in the coupon box on the payment screen sent with the subscription to the registered email.

If you do not receive the email, you must take into account the other provisions in these terms and contact customer service, which will provide the coupon and indicate the steps to follow to apply it.

DISCOUNT COUPONS.

Only one discount coupon will be applied per purchase and it will be the coupon with the highest value. The others are deemed invalid and if the system allows the purchase to be made with two or more coupons, the total amount will be refunded minus the payment platform fees.

The customer may pay the difference not covered by the second coupon.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions will be governed by Colombian law and you and unbroken submit to the jurisdiction of the Colombian Courts.

PERSONAL DATA PROTECTION

Pursuant to Law 1581 of 2012 and Decree 1377 of 2013, Unbroken sports wear SAS, hereinafter "UNBROKEN", considered as Responsible and/or in Charge of the processing of personal data that it stores and collects from its customers in the development of its commercial activities, sales of its products in its network of stores or in online channels, or in promotional events, among others, requires obtaining your authorization to continue with the processing of your personal data in accordance with the privacy policy for the processing of your personal data which are available at www.unbroken.com.co

This information provided may be processed, collected, stored, used, circulated, deleted, shared, updated, transmitted and/or transferred to third countries in accordance with our processing policies and in order to continue developing our commercial and promotional activities to keep you informed about news about our products, promotions, offers and in general, about any aspect related to our commercial activity.

Unbroken, in accordance with the terms established by article 10 of decree 1377 of 2013, is expressly and unequivocally authorized to maintain and manage your information, unless you indicate otherwise directly, expressly or unequivocally, in writing, to the email address provided for this purpose. unbroken@unbroken.com.co or by calling the help line No. 3104541175 , within thirty (30) business days from receipt of this communication.

To learn about our processing policies and how you can exercise your rights to know, update, rectify and delete, please consult our website or write to us at the following email address: unbroken@unbroken.com.co

PRIVACY POLICY.

1. WHO IS RESPONSIBLE FOR THE PROTECTION OF YOUR PERSONAL INFORMATION

Unbroken Sports Wear SAS. (hereinafter unbroken) a company legally incorporated under the laws of the Republic of Colombia, identified with NIT. 900933082-4 and with Commercial Registration No. 21-553202-12 of the Chamber of Commerce of Medellin domiciled in the city of Medellin, at Calle 17 # 37 a 80, Edificio Providencia de Castropolo is responsible for the data processing for this Website, according to the Colombian data protection law. For all (mobile) applications that refer to this Privacy Policy, Unbroken is the data controller.

Unbroken is committed to assuming full responsibility for the protection and security of each individual's personal data.

2. WHAT PERSONAL DATA IS COLLECTED

All our activities are based on strict ethical principles and we are committed to providing a good level of privacy protection for all visitors to our website and (mobile) applications. For this reason, the way we collect and store information depends on how our website and related services are used.

To register at Unbroken Sports, you only need to enter your email address, a password and your date of birth. We collect your date of birth to prevent children under the age of 14 from registering at Unbroken Sports.

2.1 DATA COLLECTED BY AUTOMATIC MEANS

Various technologies are used on our websites and (mobile) applications to make them more user-friendly, efficient and secure. These technologies may involve the automatic collection of data, either by us or by third parties on our behalf. This data generally does not contain personal details about you. Examples of such technologies are cookies, flash cookies and web analytics.

2.1.1 NAVIGATION DATA (CLICK-STREAM DATA)

When you visit one of our websites, some data is transmitted from your browser to our server and is collected and stored by us or by third parties on our behalf. This data may include in particular the following:

the visitor's IP address- the date and time of the visit- the URL of the site from which the visitor came- the pages visited on our website- information about the browser used (browser type and version, operating system, etc.)

2.1.2 COOKIES

Various places on our website and (mobile) applications use so-called cookies. These are essentially small text files that your browser stores on the hard drive of your computer or user device. We may use cookies to identify the holder of a user account and to store items in a shopping cart during the shopping process. In other words, cookies help make our websites more user-friendly, more efficient and more secure. Typically, the cookies we use are so-called “session cookies”, which are automatically deleted at the end of the visit to the respective website.

By default, the servers allow the use of cookies, but this function can also be disabled. However, if the function is disabled, some of our services will not be available. It is also possible to manually delete cookies through the server after use. Unbroken is not aware of any cases where cookies have caused damage to a user's computer or device, or facilitated virus attacks.

The following links provide specific information on the most common servers:

Mozilla Firefox: http://support.mozilla.com/en-US/kb/Cookies

Internet Explorer: http://support.microsoft.com/gp/cookies/en

2.1.3 FLASH COOKIES

A special type of cookie is known as a “flash cookie”. In contrast to normal cookies, these cookies are not created and stored by the server, but are controlled by the Adobe Flash plugin. They may contain more information than normal cookies and cannot be deleted or disabled via the browser; this can only be done using tools such as the Adobe Flash Player website. You can also obtain information about these cookies on that website.

2.1.4 WEB BEACONS AND TRACKING LINKS

Web beacons (also known as pixel tags or invisible GIFs) are graphic elements that are invisible to the user. Tracking links or similar technologies are a few lines of programming code and may be embedded in our website or (mobile) application. They are primarily used for statistical and analytical purposes, in conjunction with cookies. This technology may also be used to track traffic patterns on websites, to check whether an email has been received and opened and to see if there has been a response.

2.1.5 WEB ANALYTICS

Web analytics is the term used to define a method of collecting and evaluating the behaviour of visitors to websites and (mobile) applications. It includes the analysis of traffic patterns in order, for example, to determine the frequency of visitors to certain parts of a website or (mobile) application, or to find out which information and services are of most interest to our customers. For these purposes, we primarily use navigation data (click-stream) and the techniques listed above.

Web analytics are performed by Coremetrics or by other subcontractors. You can find more information about the processing of web analytics by Coremetrics in section 9.

2.2 DATA PROVIDED BY YOU

In addition to the data that is collected automatically, we also process data that you provide to us. This includes, but is not limited to:

Your contact information, including your first and last name, address (billing or delivery), date of birth, and email address and, optionally, your phone number. We need your email address and (optionally) your phone number so we can contact you with questions or information about your order;

Other information necessary to process your order, such as information about the products you have ordered, billing and delivery address and your bank or credit card details;

If you have created an online profile, the preferences and interests stored in this profile (see below: additional information on profiles);

If you have contacted customer service, please provide the details and history of that contact.

All of this data is characterised by the fact that you are the one who provides the information. We use this information for the purposes described in this privacy policy. You may at any time correct your personal data and object to its further processing (see section 5).

3. HOW COLLECTED DATA IS USED

We will use the information we have collected about you to provide you with a pleasant shopping experience, to process your orders and to communicate offers on our products and services to you.

We will use your personal data for purposes related to your order, for example to notify you of the status of your order or delivery. We may use your data for the purposes of assessing your creditworthiness, for which we may use third parties.

If you have provided us with your personal data in connection with a promotion, event, (mobile) application, etc., we may send you emails and other messages related to the service you have requested.

If you contact customer service, we will use your personal data (including your contact history) so that customer service can process your request and provide you with the best possible service.

If you have given your consent to receive newsletters, we will send them to you. If you have given us your personal data during a sale of a product or service, we will inform you about similar products or services.

We may also contact you to ask for your opinion after a sale of a product or service. If a sale process is interrupted, we will send you a reminder email. You may immediately and free of charge unsubscribe from such notifications by clicking on a link in the relevant email or other message (see below under section 5).

If you have given your consent to be contacted, we may contact you by post, email, SMS, telephone or any other electronic means for Unbroken Sports marketing, advertising and opinion research purposes. This includes, for example, information relating to Unbroken Sports products, e-commerce activities, special offers, promotions, as well as information about local store openings, activities of local Unbroken stores or sporting events.

In order to contact you with information that is of particular interest to you, we will analyze and use in aggregate form your overall interaction with Unbroken (such as your online shopping behavior, in Unbroken physical stores, your use of loyalty programs, your product ratings and evaluations, your contact history with our customer service department, your newsletter opening and click results, your browsing behavior (web tracking), the types of newsletters you subscribe to, your participation in promotions or events, and your use of (mobile) applications).

We may provide your contact details to Unbroken for marketing, advertising and opinion research purposes. Please see section 5 for information on your rights and in particular how you can withdraw your consent.

4. DISCLOSURE OF INFORMATION

One of our fundamental principles is that your data will be treated confidentially. We will not sell your data to third parties. If required by law, your data will be disclosed to third parties. If the requirement is due to business necessity and as long as it is permitted by applicable law, we will transfer your data to other companies of Unbroken Sports. In any other case, no data will be transferred without obtaining your prior consent.

We may use service providers and data processors working on behalf of the unbroken group. The services may include system hosting and maintenance services, analytics services, email messaging services, delivery services, payment transaction management, credit and address checks, etc. These third parties are granted access to such personal data as they require in order to provide the relevant service.

Service providers and data processors are contractually bound to treat information in the strictest confidence. Furthermore, they are contractually prohibited from using the data in any way other than as required. Appropriate steps have been taken to ensure that our service providers and processors working on behalf of unbroken protect the confidentiality of your data. There may be occasions where we disclose non-personal data to our partners on an anonymous basis.

This non-personal data includes, for example, information on the number of visitors to a website or (mobile) application during a certain period of time. This information is generally only disclosed in aggregate form.

5. YOUR RIGHTS

If you provide us with personal data through our websites or other channels, this is done on a completely voluntary basis and you give us your consent to use such data in accordance with the provisions of this privacy policy. If you choose not to provide the requested information, you will not be able to access certain customer benefits.

In some cases, only persons who have provided us with the necessary personal data will be able to order products, use certain services and otherwise take advantage of the activities and offers available on our website and (mobile) application. Because transparency and fair play are particularly important to us, we offer various options depending on the specific circumstances, in order to help you maintain control over your data.

These options may include the ability to view and edit your data online. They may also include opting out of certain services or deleting user accounts or receiving information about stored data.

5.1 RIGHTS OF CANCELLATION AND OPPOSITION

If Unbroken Sports sends you emails that contain, for example, a newsletter or marketing content, you have the option to cancel the receipt of such emails (unsubscribe) by following the relevant instructions in the respective email. If you no longer wish to receive our emails, you can click on the unsubscribe hyperlink and we will stop sending you emails in the future.

If you do not want information about your behaviour on our website or (mobile) application to be collected and evaluated, you can opt out of data collection for web analytics as described below in Section 9.

If you do not wish to receive promotional information and offers in general, including those communicated by regular mail, by email, by SMS, by telephone or by any other electronic means, or if you wish to withdraw your consent, you can write at any time by email to unbroken@unbroken.com.co , If we have doubts about your identity, we may ask you to identify yourself (for example, by sending a copy of your ID).

As regards other types of messages you may receive, such as maintenance announcements or administrative notices, receipt of these messages can only be cancelled by deleting your account, as such messages are a mandatory part of user accounts and the corresponding use of our websites and (mobile) applications. You may also delete your account by sending an email to unbroken@unbroken.com.co

5.2 RIGHT OF ACCESS

You have the right to be informed at any time about what personal data is stored about you, its origin and recipients, and the purpose for which this data is stored. You can obtain information about the stored personal data by using the contact details in the Contact Information section below.

5.3 RIGHT OF RECTIFICATION

You have the right to request the correction, addition, deletion or blocking of personal data that has been stored about you. We will notify you within four weeks of receiving your request whether we will grant your request and, if so, to what extent. If we are unable to grant your request for any reason, we will inform you of the reasons.

6. INFORMATION SECURITY AND DATA INTEGRITY

We take appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or loss, unauthorized alteration, use, disclosure or access, in particular when processing involves the transmission of data over networks, or any other unlawful form of processing and misuse.

7. PROTECTION OF PERSONAL DATA OF MINORS

The protection of personal data of minors is extremely important. Unbroken Sports considers it has a responsibility to protect the privacy of minors and, consequently, has no intention of collecting data from children under the age of 14. We also encourage parents and other caregivers to browse the Internet together with their children and participate with them in the multitude of activities offered on the wide range of websites on the Internet (www).

If a child under 14 attempts to register, he or she will be asked to provide the information described in the section “What personal data is collected”. In addition, data provided and collected about the child during the course of his or her visit (for example, through cookies) may be used as described above.

If a child under the age of 14 attempts to submit a registration request, the request will be rejected and the child will be notified that applications from children under the age of 14 are not accepted. For this reason, we ask parents and other caregivers to monitor and supervise the Internet use of minors in order to protect them.

8. SOCIAL NETWORKS

Our Website and (mobile) applications provide social connectors to various social networks. When you choose to interact with a social network, your activity on our Website or through (mobile) applications will also be made available to social networks such as Facebook and Instagram.

If you are logged into a social network during your visit to one of our websites or (mobile) applications, the social network may add this information to your profile. If you interact with one of the social plug-ins, this information will be transferred to the social network. If you do not wish this data transfer to take place, please log out of your social network session before visiting our websites or (mobile) applications.

We have no control over the collection and transfer of data via social plug-ins. Please read the privacy policies of these social networks for detailed information on the collection and transfer of personal data, your rights and how to achieve satisfactory privacy settings.

9. GEOLOCATION SERVICES

We offer location-based services in some of our (mobile) applications, such as Google Maps. If you use this (mobile) application, you may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate your location. You will always be asked whether the Geolocation Service can be activated and you can also object to this Geolocation Service in the respective (mobile) application.

We use the Google Maps service to help you find the nearest Unbroken store. To facilitate this process, we load an image from Google Maps, and save the route data and the map image on our server.

10. Retargeting Technologies

Our website and (mobile) application use Internet retargeting technology. This allows us to show our visitors, who were already interested in our store and our products, our advertising on the websites of our partners. We are convinced that the display of personalized advertising based on the user's interests is more interesting than advertising that has no personal connection.

In addition, we work with other companies that use tracking technologies to serve ads on our behalf across the Internet. These companies may collect non-personally identifiable information about your visits to our website or (mobile) applications and your interaction with our communications, including advertising.

Retargeting technologies analyse your cookies and display advertising based on your browsing behaviour. For more information on cookies, please see section 2 of this privacy policy.

We do not store any personal data about you using this technology and the use of our retargeting technology complies with applicable data protection requirements.

12. CONTACT INFORMATION

If you have any questions about the processing of your personal data or about our privacy policy, you can contact us. Our contact details are:

Email: unbroken@unbroken.com.co

Phone: 3104541175

Address: 17th Street # 37 to 80 Medellin- Colombia

13. CHANGES TO THIS POLICY

Unbroken Sports is committed to respecting the fundamental principles of Data Protection and considers the privacy policy to be binding. Accordingly, we regularly review our privacy policy to ensure that it is error-free, clearly visible on our website, contains all required information, is fully implemented and complies with the Data Protection principles.

This privacy policy may be modified from time to time to keep it consistent with changes and opportunities offered by the Internet and in accordance with current legislation.

We do not restrict any of your rights under this privacy policy without your express consent. Significant changes to the policy will be posted on our website with an updated version of the privacy policy.

Date and place of last update: Medellín, Colombia, August 10, 2024.