GENERAL TERMS AND CONDITIONS AND PRIVACY POLICY
DB1 GLOBAL SOFTWARE LLC, a Delaware limited liability company with head offices at 8 The Green, STE A, Dover, Delaware, 19901, United States of America, registered under EIN 35-2556014 (referred to herein as “DB1”), establishes the following General Terms and Conditions and Privacy Policy:
1 DISCLOSURE AND PRIVACY POLICY
DB1 undertakes to maintain full confidentiality of all information covered by this Policy, not using such confidential information for its own or someone else’s benefit, except when permitted by contract or law.
1.1 DB1 declares that the personal identified data will not be sold or exchanged with Third Parties except when permitted by Law, and that personal information will be treated with the level of protection legally required to guarantee its security and prevent unauthorized changes, losses, treatments or access .
1.2 DB1 shall take care and adopt all necessary measures to protect and prevent the disclosure of any information, as well as to prevent such confidential information from falling into public domain.
1.3 In order to provide services for you, DB1 may collect the following information:
a) Personal information provided by you when you request support, register for or participate in a training, webinar, or other event, request information or materials, such as e-books, participate in surveys or reviews, promotions, apply for a job, send questions or comments, such as name, proof of identity, account details, password, nationality, tax and payment information, and online and offline contact information, which you authorize to be verified through Third Party solutions;
b) Information regarding you provided by Third Parties, as business partners and associates, Affiliate Persons and entities, social networks and public and private databases, which may be combined with personal Data in order to provide services under this policy;
c) Information gathered by DB1’s systems, which include automatic gathering and filing of Data about user’s activities in the internet, the URL accessed, the browser under use and IP address, as well as websites viewed and searches conducted, the use of cookies and web beacons.
1.4 At any time, you may choose to opt out from providing information or receiving cookies; however, such an option may prevent access to systems and services.
1.5 In the event of a business sale or merger, DB1 may share information and Data with the purchasing company.
1.6 While providing services to you, DB1 may apply the data gathered in the following activities:
a) Create and manage user accounts, fulfill and manage orders, deliver products or services and process invoices and tax statements;
b) Identify and authenticate you, verifying your identity when you access and use our services and to ensure the security of your personal data;
c) Fulfill our contractual obligations to you;
d) Evaluate your application, considering you for future positions and performing human resources roles in accordance with applicable law;
e) Offer products and services to you and reply to questions and comments;
f) Send confirmation and updates regarding your operations;
g) Get in touch with you for the purpose of providing services, conducting opinion polls, statistics or analyzes on consumption habits or preferences, notifying you by e-mail about special offers and products and services that may be of interest, unless chosen otherwise;
h) Develop internal studies on the interests, behaviors and demographics of users;
i) Share personal information with DB1 Affiliates, maintaining the same confidentiality obligations;
j) Publish the opinions, comments, testimonies and suggestions made by you on the website, on social media pages or in other communication vehicles of DB1, which can be identified by their full name or nickname, photo, comment and nationality;
k) Use your name, image and logo in advertising pieces or materials, in order to disclose that you as a client of DB1;
l) Enforce the terms and conditions and other System and Software policies, protect from abuse and malicious users, respond to legal requests and prevent harm.
1.7 You guarantee and respond, in any case, for the veracity, accuracy, validity and authenticity of the information provided, committing to keep it duly updated.
1.8 Although you may exceptionally request, under the terms of this policy, the cancellation of services and the elimination of information, DB1 may retain part or all of the information provided in certain cases, for the purpose of resolving disputes or complaints, detecting problems or incidents and resolve them, and comply with the applicable legal and contractual provisions; therefore, although DB1 undertakes to use the best efforts, it may happen that not all information will be permanently deleted, and DB1 may still maintain its data for the following purposes:
a) Compliance with legal or regulatory obligation;
b) Study by a research body, guaranteeing, whenever possible, the anonymization of personal data;
c) Transfer to a Third Party, provided that the data processing requirements stablished by Law are respected;
d) Exclusive use of DB1, prohibited the access by a Third Party, and provided the data is anonymized.
1.9 You must take all necessary measures to prevent the disclosure of any information, as well as to prevent such confidential information from falling into the public domain, and it is absolutely forbidden to disclose passwords or any of access data to Third Parties, provided that DB1 will not be responsible for any breach of privacy occurred due to you or its agent’s behavior.
1.10 All of your information is collected and stored on servers physically located in Brazil and the United States; DB1 may, in the future, relocate such servers in any other country, and may store personal information in Brazil, the United States or other countries, for purposes of support or back-up, measures with which you expressly and unequivocally consent.
2 DATA USE AND COMPLIANCE
DB1 declares its full compliance with all the Law regarding consumer rights and the protection of personal data, including but not limited to the provisions of this section.
2.1 DB1 commits to treat as sensitive Data the simple combination of name or other identifying information, plus one or more of the following Data elements:
a) Social Security Number;
b) Driver’s License Number;
c) Account number, credit card number, debit card number if accompanied by PIN;
d) Passwords or access codes.
2.2 DB1 has in place measures to destroy or arrange for destruction of your personal identifying records so that the records are made unreadable or indecipherable (“Anonimization”).
2.3 DB1 publicly posts a Privacy Policy containing specific information to Consumers as required by Law.
2.4 Unless otherwise required by Law, DB1’s agents are contracted and abide by contractual requirements for the protection of your Data.
2.5 DB1 keeps a Consumer Contact Service and a Data Protection Officer with power to hear claims and grant access, cancelation, update, correction and opposition to Data, as well as other tasks required by Law.
2.6 In its relations with you, DB1 assures and registers clear Consumer consent to the treatment of personal Data, informing types of Data gathered and treatment conducted, except when this obligation is otherwise established by law.
2.7 In the case of a data security breach that materially compromises the security, confidentiality, or integrity of personal data, DB1 will notify affected individuals as soon as possible, unless a good-faith, reasonable, and prompt investigation reveals that the personal information has not and will not be misused, unless otherwise required by law; adequate preventive and corrective measures will be adopted by DB1.
2.8 Data breach notification to affected individuals will be conducted individually through written, phone, or electronic ways, unless applicable Law specifically stablishes a substitute notice threshold.
2.9 Also, in the case of a Data security breach, DB1 will notify adequate Data Protection Authorities within reasonable time for suitable measures.
2.10 DB1 guarantees and informs its Consumers of the following rights:
a) Confirmation of treatment;
b) Access to data;
c) Correction of data;
d) Anonymizing, blocking or eliminating unnecessary, excessive or treated data non-compliant with the provisions of the Law;
e) Data portability to another supplier, as required by law;
f) Elimination of personal data processed with the consent of the holder, except when the Law allows otherwise;
g) Information of public and private entities with which DB1 shared Data;
h) Information on the possibility of refusing consent and on the consequences of the refusal;
i) Consent opt-out, as provided by Law.
2.11 If, in order to serve its Consumers, a system developed by DB1 needs to comply with Section 508 of the Rehabilitation Act – 29 USC § 794d (1973) –, you should reach to the proprietor of such system in order to have further information.
2.12 DB1 hereby declares that fully complies with or will implement, within a reasonable time or determined by Law, all measures comprised in this policy, including but not limited to Brazilian Law no. 13,719 (2018) and the Delaware Online Privacy and Protection Act, 6 Del. Code §§ 1201C-1206C.
3 ACCEPTABLE USE
You are responsible for the direct and indirect consequences of the use of DB1’s Systems, fully acknowledging that DB1 does not operate systems and services in your operations, including but not limited to the responsibilities comprised in this policy, specially under this section.
3.1 You may not use DB1’s services and systems to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject DB1 to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:
a) Distributing malware or other malicious code.
b) Disclosing sensitive personal information about others.
c) Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
d) Distributing pornography or adult related content.
e) Promoting or facilitating prostitution or any escort services.
f) Hosting, distributing or linking to child pornography or content that is harmful to minors.
g) Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
h) Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
i) Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
j) Facilitating pyramid schemes or other models intended to seek payments from public actors.
k) Threatening harm to persons or property or otherwise harassing behavior.
l) Infringing the intellectual property or other proprietary rights of others.
m) Facilitating, aiding, or encouraging any of the above activities through systems and services or Software.
3.2 Violations of the Acceptable Use Policy by you is subject to criminal and civil liability, as well as immediate policy termination.
3.3 Copyrighted material must not be published via DB1 systems or services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner; DB1 will assume no liability to you for the removal of any such material.
3.4 Nothing contained in this policy shall be construed to limit DB1’s actions or remedies in any way with respect to any of the prohibited activities; in addition, DB1 reserves at all times all rights and remedies available with respect to such activities at law or in equity.
4 DISCLAIMER
To the extent not prohibited by Law, DB1 hereby disclaims all express or implied representations, warranties, guarantees, and conditions of any kind, arising by law or otherwise, with regard to systems and services or Software, including but not limited to representations, warranties, guarantees, and conditions of merchantability, fitness for a particular purpose, title, noninfringement, and quality of service; DB1 makes no representations or warranties regarding the content, effectiveness, usefulness, reliability, availability, timeliness, quality, suitability, accuracy or completeness of systems and services or the results DB1 may obtain by using systems and services or that systems and services will be uninterrupted or error-free or that it is completely secure; without limiting the generality of the foregoing, DB1 does not represent or warrant that the operation or use of systems and services will be timely, secure, uninterrupted or error-free, or the quality of any products, services, information or other material purchased or obtain through systems and services will meet requirements; DB1 acknowledges that DB1 does not control the transfer of data over communications facilities, including the internet, and that systems and services or Software may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; DB1 is not responsible for any delays, delivery failures, or other damage resulting from such problems and, except where expressly provided otherwise by DB1, systems and services are provided on an “as is” basis.
4.1 While DB1 has made every attempt to ensure that the information contained in systems and services is correct, DB1 is not responsible for any errors or omissions, or for the results obtained from the use of this information; all information in systems and services is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied; in no event will DB1, or its Affiliates, employees or agents, be liable to DB1 or anyone else for any decision made or action taken in reliance on the information in systems and services or for any consequential, special or similar damages, even if DB1 had been advised of the possibility of such damages.
4.2 In no event shall DB1 be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, goodwill, business opportunity, revenue, data or data use, incurred by DB1 or any third party, whether in an action in contract or tort or otherwise, arising from or related to the use of systems and services or Software or any data derived therefrom, even if DB1 had been advised of the possibility of such damages.
4.3 In no event will DB1’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for systems and services or Software under this policy; the foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
5 DATA PROTECTION OFFICER
DB1 has appointed Alexandre de Souza Dona as its Data Protection Officer (“DPO”). You can contact the DPO at the following physical address: Av. Carneiro Leão, 563, 2nd floor, Maringá, Paraná, Brazil, CEP 87.014-010, or by e-mail privacy@db1group.com.
6 CHANGES IN THE PRIVACY POLICY
This Privacy Policy may be updated. Therefore, we recommend that you periodically visit this page so that you are aware of these changes. Before using your information for purposes other than those defined in this Privacy Policy, we will ask for your consent.
