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Terms of Use and Service

TERMS OF USE AND SERVICE

Policies of Privacy and Data Protection of SoftDesign

Hello, it is a pleasure to count on your interest! Before using our services, take some time to read our Terms of Use and Services and to get to know the rules that lead our relationship with you. They describe our practices on what concerns the information collected by the visitors (users) that access our website https://softdesign.com.br. 

The information processing and your personal information (the last one refers to those that may potentially allow your identification with reasonable means) are necessary so we are able to provide our services. Down below, we clarify some of the aspects we believe are important about this relationship. In case you still have any doubts about any elements that were presented or not in this document, please, do not hesitate to contact us by e-mail at mkt@softdesign.com.br or by telephone at +55 51 9 93379743 – from Mondays to Fridays, from 9 am to 6 pm BRT. 

1.DEFINITIONS

We understand the expressions below according to the following definitions: 

SOFTDESIGN: SoftDesign Consulting and Systems Ltd., limited company, registered in the National Registry of Legal Entities/CNPJ under the number 02.250.586/0001-78, head office at Siqueira Campos St., nº 1184, room 101, Downtown, Porto Alegre – State of Rio Grande do Sul, Zip Code: 90.010-001.

WEBSITE: https://softdesign.com.br.

VISITOR/USER: natural person (that is to say, you) who browse and use the functionalities available by SOFTDESIGN on the WEBSITE. 

DATA PROCESSING: Under the terms of article 5, item X, of the Law 13.709 of 2018, the entire operation carried out by SOFTDESIGN with information and personal data of the VISITOR, such as those referring to the collection, production, reception, classification, usage, access, reproduction, transmission, distribution, processing, archiving, storage, deletion, evaluation or control of information, modification, communication, transference and diffusion or extraction. 

DATA TYPES: There are two types of data and information collected from the VISITORS, users:

a. The first type is the not identified and not recognized information referring to a user, that may come to be available or collected using websites, the so-called Non-Personal Information. This information does not give us knowledge of the personal identity of a user and may include your aggregated usage information and technical information transmitted by your device, including determining information of software and hardware (e.g., the type of browser and operational system that the device uses, preferences of language, time of access, etc.), information regarding your activity at a place (e.g., the visualized pages, on-line browsing, clicks, actions, etc.), among others. We receive this information from external suppliers, services, and public records, such as Google Analytics. 

b. The second type is the Personal Information, which is the individually identified information, in other words, information that identifies a person or may, with reasonable efforts, identify a person. Such information includes: the device’s information as geolocation data, IP address, exclusive identifiers, and other information; and record information that we receive when you register yourself in one of our website’s form, providing specific data, such as: full name, e-mail, telephone number, your current company, your job position and state where you live. We receive this information from our external suppliers, services, and public records, as RD Station. 

2.ADHERENCE

This instrument regulates the conditions of use of the WEBSITE being such a contract between the VISITORS and SOFTDESIGN. The use of the functionalities offered through the website expressly indicates that you agree with all the terms and conditions contained here and with the legal provisions.  

a. You understand and agree that SoftDesign considers the use of the functionalities of the website as the acceptance of these terms and concerning all other legal provisions; 

b. By accepting the terms described here, you expressly authorize your data processing, in order to guarantee the maintenance and good performance of the website’s functionalities. 

c. You, by this act, express your full consent to the share of collected and processed data by SoftDesign with other companies that may be part of this economic group, or that may be its service providers.  

In case you DO NOT AGREE with the envisaged provisions, DO NOT access, visualize, download, or otherwise use any SOFTDESIGN page, content, information, or service contained in this website. 

3.CONDITIONS OF WEBSITE BROWSING

The information and data that we collect will be used with the purpose of improving your browsing, as well as advertising and statistical purposes, as follows: 

a. To improve the usability and the interactive experience during the browsing;

b. To attain generical statistics to identify the users’ profile;

c. To improve the commercial and promotional initiatives of SoftDesign; 

d. Analyze the visited pages and searches made by the users;

e. Allow the identification of users in the next visits to the website; and,

f. Allow SoftDesign to make use of the informed data to contact the users and invite them to participate in events promoted by SoftDesign, as well as forward more information about the products and services of SoftDesign that may interest users.

All the information here collected will be incorporated into the SoftDesign database and may be deleted at any time upon your request, as the holder of the personal data, simply by sending an e-mail to mkt@softdesign.com.br or calling +55 51 9 93379743 – from Monday to Friday, from 9 am to 6 pm BRT. 

Using this WEBSITE, you as the VISITOR are aware that SOFTDESIGN may confirm the accuracy of the personal data-informed through the official database of public entities, specialized companies, and credit protection databases.  

4.DATA PROCESSING

During the WEBSITE use, SOFTDESIGN will collect and store the information provided by you (VISITOR), together with the information automatically generated, as described in TYPES OF DATA, in item 1. DESCRIPTION. 

When using the website, you declare that you understand, accept and consent that all data collected through the website are processed, in terms of article 5, item X, of the Law 13.709 of 2018, by SOFTDESIGN or by trusted third parties, which may be located in different jurisdictions worldwide, these being: 

a. Google Analytics that may be reached at https://marketingplatform.google.com/;

b. RD Station that may be reached at https://www.rdstation.com/;

c. Exact Sales that may be reached at https://www.exactsales.com.br/.

All data provided by you, the VISITOR, to us, SOFTDESIGN, through the use of this WEBSITE, will be considered confidential. We are committed to adopting all efforts to preserve your systems’ security in storing such data. We employ the standard procedures of the industry and policies to ensure the safety of the information we collect and retain, we prevent the unauthorized use of any information and require any third parties to comply with similar security requirements, in accordance with this Privacy Policy.

Your data, VISITOR, may be shared with third parties by us, SOFTDESIGN, in the related hypothesis below: 

a. When necessary for the commercial activities of SOFTDESIGN, and for the companies that provide us services, in order to enable the proper functioning of the WEBSITE; 

b. For the protection of the interests of SOFTDESIGN in the event of conflicts, including in lawsuits;

c. In case of transactions or corporate changes involving SOFTDESIGN, in which case the transfer of data will be necessary to the continued operation of the WEBSITE; 

d. By court order or at the request of administrative authorities that have legal competence for your request.  

5.THE USE OF COOKIES

So that we, SOFTDESIGN, can assertively offer our services through the WEBSITE, we make use of cookies – a fraction of the information that the WEBSITE assigns to your device while you, VISITOR, is browsing through it. Cookies are used to allow you, VISITOR, to browse between pages efficiently, enable the automatic activation of certain features, and to remember the VISITORS’ preferences. Cookies are also used to ensure that the ads you see are relevant to you and your interests and compile statistical data about your use of our services. There are three types of cookies: 

a. Session Cookies that are only temporarily stored during a browsing section to allow the regular use of the system and are deleted from your device when your browser is closed;

b. Persistent Cookies, which are only read by the website, saved on your computer for a fixed period, and are not deleted when your browser is closed. These cookies are used when we need to know who you are for the recurring visits, for example, to allow us to store your preferences for the next access; 

c. Third-parties cookies, which are defined by other on-line services that execute the content of the page you are visualizing, for example, companies of analysis of third parties that monitor and analyze our web access – we make the use of Google Analytics to collect information about the use of the WEBSITE by the VISITORS. Google Analytics collects the IP address attributed to the VISITORS on the date they visited the WEBSITE, and the way Google uses and shares collected data is regulated in its respective Terms of Use and its Data Privacy Policy. 

Cookies do not contain information that identifies you, VISITOR, personally; however, the personal information we store about you may be served by us and obtained from cookies. 

6.RIGHTS OF THE USER

We assure you, the VISITOR user, in what regards the processing of personal data, the following rights: 

a. The existence confirmation of the processing of your personal data; 

b. Access to your data collected by the WEBSITE, through requisition; 

c. The correction of your data, in case they are incomplete, inaccurate, or outdated; 

d. The blocking or eliminating of unnecessary data, excessive or processed that does not comply with the applicable Brazilian legislation;

e. The portability of the personal data, for you or a third party, upon express request made by you, VISITOR to us, SOFTDESIGN; 

f. The deletion of the personal processing data with your consent, provided that there is no legal determination to keep them registered with SOFTDESIGN; 

g. The obtaining of information about public or private entities with which we, SOFTDESIGN, share your data with; and, 

h. Information regarding the possibility and consequence of not providing your consent, VISITOR.   

You, VISITOR, may contact us by e-mail at mkt@softdesign.com.br or by telephone at +55 51 9 93379743 – from Monday to Friday, from 9 am to 6 pm BRT – pointing your questions and/or requirements above related to your personal data.  

Furthermore, you, VISITOR, may delete your personal data collected by us, SOFTDESIGN: 

a. When the purpose for which they were collected is achieved; or, when they are no longer necessary or relevant for the purpose, according to the purposes described in these Terms of Use and Privacy Policy;

b. When the VISITOR revokes the consent, in cases in which it is necessary, requiring the exclusion from SOFTDESIGN, or 

c. If determined by the competent authority. 

7.GENERAL PROVISIONS

Any clause or condition set forth herein that, for any reason, may be deemed null or ineffective by any court or tribunal will not affect the validity of the other provisions of these Terms, which will remain fully valid and binding, generating effects to its maximum extent.   

Our failure, as SOFTDESIGN, to demand any rights or provisions of these Terms will not constitute a waiver, and the latter may regularly exercise its rights within the legal deadlines. 

All the materials, patents, trademarks, registrations, domains, names, privileges, creations, images, and all related rights that are associated with the WEBSITE and developed by SOFTDESIGN, are and will remain the sole and exclusive property of SOFTDESIGN, agreeing you, VISITOR, not to practice an act or fact that, for any reason, damages the rights here disclosed, nor does it claim any rights or privilege over them. 

SOFTDESIGN can change this instrument at any time, just by publishing a reviewed version on our website. For this reason, we strongly recommend that you always visit this section of our website, reading it periodically. Nonetheless, to contribute to a good relationship, we will also send an e-mail informing you about these changes. 

This instrument constitutes the full understanding between you, the VISITOR, and us, SOFTDESIGN, and it is ruled by the Brazilian Laws, making the jurisdiction of the city of Porto Alegre/RS elected as the only competent body to resolve issues arising from this instrument, with express waiver of any other forum, however privileged it may be. 

8.HOW TO CONTACT US

In case there are any general doubts about the WEBSITE or about the information we collect about you and how we use it, please contact us by e-mail at mkt@softdesign.com.br or by telephone at +55 51 9 93379743, from Monday to Friday, from 9 am to 6 pm BRT. 

SOFTDESIGN CONSULTING AND SYSTEMS LTD.,

Updated on Oct 8th, 2020.

SoftDesign