This Policy applies to the Hypermarcas Web Portal (www.hypermarcas.com.br), referred to herein as "Portal", owned by Hypermarcas S/A., and was prepared aiming to reassure our commitment to the privacy and safety of user's information we collect and store on the Portal.
This policy comprehends how the Portal addresses users' identifying information collected on this Portal and stored in digital databases.
This document is part of the Hypermarcas Web Portal Terms and Conditions of Use.
It is possible to browse through several sections of this Portal without any information is requested from the user. However, for the user to access all Portal capabilities, some personal information may be requested. In case of the user refuses to provide such information, access to the Portal will be denied.
Any information requested to the user will be collected and then stored according to the strictest standards of safety and confidentiality. The Portal will use any possible technology resources in keeping the integrity of data sent by users.
Users guarantee that all data provided on this Portal are truthful and accurate. They assume total and unrestricted responsibility for such data. The Portal is held harmless for any liability in case of the information provided by the user is incorrect.
The Portal may provide access to links to other websites; however, it is not liable for the respective contents, as well as for the form of collection, storage, and confidentiality of the information on such websites. Therefore, it is recommended that users refer to privacy policies before sending personal information when redirected to other websites.
The following users' information may be requested and stored:
(a) email, login, and password
(b) civil name/corporate name
(c) occupation/branch of activity
(d) birth date
(e) ID and Tax Payer Registration Number
(f) address/telephone number
The Portal reserves the right to use any legal measure to obtain the correct user identification. From time to time, it may require additional information and other documents in order to confirm the truthfulness of the information provided by the user.
Information provided by users will not be commercialized or made available to third parties under any circumstance, unless it is expressly authorized by the user or to fulfill a legal or court order.
Automatically Collected Information
Besides the data mentioned above, the Portal shall automatically collect and store data such as URLs, access IPs, pages accessed, searches performed, browsers used by the user, access time, number of clicks and downloads, survey results, and other information.
Storage and processing of data collected by the Portal may be assigned to expert service providers that, by contract, cannot use any such information in their own behalf nor forward it to third parties.
By means of cookies, the Portal also automatically collects and stores in its servers data related to tasks performed by the browser, which includes IP address and pages visited by the user.
However, data collected by cookies will be used for analysis only, limited to the minimum needed for performing this task. User's information will not be disclosed.
Cookies are small files stored in users' computers in order to track web browsing. In general, cookies are used to provide customized services to users, since by storing information it is possible to collate users browsing habits.
In case users do not want cookies, it is possible to change some users' browser settings to refuse them. However, if cookies are refused, most likely users will not have access to all capabilities available on the Portal and on other websites visited by the user.
Use of Web Beacons
The Portal may also automatically use capabilities, such as web beacons (monitoring systems), to assess traffic patterns like the frequency of access to specific Portal sections, with the purpose of providing better services to its users.
Information collected is useful for understanding which information is of most interest to users, as well as the types of content preferred on the Portal. It is important to emphasize that information collected by means of web beacons do not identify users under any aspect.
Participation in Contests, Promotions, and Surveys
Users who agree to participate in contests, promotions, and surveys carried out by the Portal or its Partners, will be submitted to the rules of each Contest or Promotion, and also abide by information sharing rules.
The user is the sole responsible for the accuracy of the information provided to the Portal when entering any Contest, Promotion or Survey. The Portal is not liable for the truthfulness of the information provided by the user for the participation in Contests, Promotions or Surveys.
The results of Contests, Promotions, and Surveys will be available to all users; however, no information of participants will be disclosed, except for data of eventual prize winners, such as full name, city and state of residence, as being of interest to Portal users.
Collected and Stored Information Safety
The Portal uses technology systems and information safety measures that meet safety standards required, such as antivirus and firewalls, besides state-of-the-art technology devices, with the purpose of safeguarding collected and stored data.
Protective measures taken by the Portal refer to procedures against misuse of data, unauthorized access or disclosure, loss, modification, and destruction of information.
Besides the procedures mentioned above, information safety on the Portal is reinforced by the use of passwords registered by the user, which are totally coded, and can be accessed only by authorized people and personnel.
However, no online transmission of data is 100% safe, thus, despite the Portal uses its best efforts in order to protect collected and stored data and information, it is not possible to guarantee the safety of all information entered by users. Using services under such conditions is at users' personal discretion.
Suggestions for a safe web browsing
For a safer web browsing, the following procedures are recommended:
(a) Your password is personal and not transferable. Never disclose it to anyone.
(b) Use difficult combinations of passwords, so that they are not easily discovered.
(c) Log out from your Portal account and close your browser window as soon as you finish browsing on the web. This practice aims to prevent unauthorized people to access personal information registered on the website browsed, especially if the user is using a computer at a public location (internet points).
It is recommended that users regularly read this Policy in order to be updated about the rules of Information Safety and Privacy for using this Portal.
These General Terms and Conditions of Use regulate the use of services of the Web Portal www.hypermarcas.com.br (referred to herein as "Portal") made available by Hypermarcas S/A to users of such Web Portal, according to the conditions mentioned below.
The use of this Portal implies the full acceptance of its content by the user. Content access and the use of Portal services are ruled by Policies, Terms, and Regulations that may be supplementary to these General Terms and Conditions of Use.
Users shall be aware of all Policies before registering and using services.
User's Registration and Account
To fully access and use the capabilities and contents available in the Portal, users will be requested to complete the registration form with personal information for proper identification.
a) Completing Fields and Forms
User's registration will be confirmed only after all fields are completed. Users shall provide correct and truthful information for proper registration. The user is completely responsible for providing false or inaccurate information that may cause, directly or indirectly, any loss to Hypermarcas or third parties. The user is also responsible for updating account data.
b) Who can have an account@f0
Legally able corporations and natural persons can have an account on the Portal. The registration of under-age people, those who are legally unable, corporations without a legal representative assigned, or users that have been temporarily or permanently deleted or disabled by Hypermarcas is prohibited.
A user can have only one account. In case of a duplicate account is detected by the Portal, it is, from now on, authorized to close user's account.
The Portal reserves the right to use any legal measures to obtain the correct user identification. From time to time, it may require additional information and other documents in order to confirm the truthfulness of the information provided by the user.
c) Suspending and Closing Accounts
In case of the information for registration are confirmed to be false or inaccurate, user's account may be temporarily or permanently suspended, without detriment to other appropriate measures that may be taken.
Likewise, an account may be temporarily or permanently suspended in case of the user denies to provide information or documents requested by the Portal.
Users may be held civil and criminally liable for providing false information to the Portal.
d) "Login and Password" and Restricted Access Areas
After registering on the Portal, users will have a login (which can be user's email address) and a password, which are personal and not transferable, to have a restricted access to specific contents and capabilities. The user is the sole responsible for keeping the login and password safe and confidential.
Portal Free Access
Portal services and contents are totally free for users.
However, services provided by third parties arising out of links available on the Portal can be charged at their discretion. In such cases, the Portal is not responsible for any charges that may occasionally incur.
Intellectual Property Protection
By accessing the Portal, users have no proprietary rights to or right to use, entirely or in part, any name, content, text, brand, patent, industrial prototypes, industrial drawings, software, copyrights, and other intellectual property assets available on the Portal.
Hypermarcas is also the sole owner of its corporate name, brands, and logos, domain names, databases, as well as all content, organization, structure, and appearance of the Portal.
Reproduction, use, and promotion, entirely or in part, of any and all content of this Portal is expressly prohibited without previous and formal authorization of Hypermarcas S/A. Reverse engineering aiming to reproduce, create or develop new contents based on the Portal is not allowed as well.
In case of the user want to use any content, the Portal shall be contacted in order to obtain the respective license of use.
Users may be held civil and criminally liable for reproducing and using any and all content of the Portal without previous authorization.
In case of the user understand that some intellectual property right is being infringed, the Portal shall be contacted immediately and informed about the infringement in details.
Information Safety and Privacy
User's information is stored on the Portal based on the ABEMD (Brazilian Direct Marketing Association - www.abemd.org.br) Code of Ethics, which condemns the practice of spamming. If users feel harmed by receiving non-requested messages, the Portal shall be contacted to solve the problem.
Correct Use of the Portal and its Services
Users are obliged to use this Portal and all its services always in compliance with the law and the guidelines set forth in the Policies of this Portal.
Users may not copy, distribute, modify, reproduce, transmit, publish, entirely and in part, files, texts, designs, sounds and images, photos, and any other content that:
(a) is against the law, the fundamental rights and guarantees, and the public order;
(b) induces the practice or stimulation of prejudice related to the origin, race, color, gender, age, religion, or any other form of discrimination;
(c) induces the practice or stimulation of violence of any kind;
(d) is offensive, defamatory, calumnious or infamous;
(e) is of pornographic nature or is related to the practice of crimes that include any person under 18 years of age;
(f) violates intimacy, privacy, honor, and image of people;
(g) reproduces false and/or inaccurate information able to induce an error of third party users of the Portal;
(h) infringes any industrial and intellectual property rights protected, as well as image rights, without proper authorization for its use;
(i) violates trade secrets and information considered as confidential by the parties;
(j) is illegal, deceiving advertising or anti-competitive practice;
(k) has political advertising;
(l) has viruses or any other elements that may cause damages to the system or hardware and software of the Portal or of third parties, as well as prevent regular operation of the Portal and its Services.
If a user performs any of the acts outlined in the paragraphs (a) to (l), the respective comments/collaborations of the user on the Portal may be deleted without previous authorization.
In relation to the operation of the Portal and its Services
The Portal will use all its resources and efforts in the maintenance of its operation and availability.
However, in case of the system is suspended, the Portal cannot be held liable for any damages or losses caused to user's equipment, software, and applications.
In relation to the Services Provided by Third Parties through websites hosted out of the Portal
Aiming at an easier browsing, the Portal may provide users with links to access websites of third parties. It is important to mention that the Portal is not responsible for any content posted on third parties websites, including the truthfulness of information provided out of the Portal environment, the quality and reliability of products/services offered (in case there is a trade opportunity), as well as the possible non-fulfillment of obligations agreed between users, third parties, and announcers of such websites.
Therefore, users, third parties and/or announcers of websites not related to the Portal are liable for the actions performed among them, and the Portal is held harmless for any liability arising out of the obligations agreed between users, third parties/announcers.
In relation to the Use of the Portal and its Services by Users
The Portal is not responsible for the inappropriate use of its capabilities and services that are not in compliance with the guidelines set forth in these Portal Terms and Conditions of Use, and in its Policies and Regulations.
Users shall be held civil and criminally liable for the misuse of capabilities and services of the Portal, and for the occasional practice of illegal actions that are, in some way, related to the Portal.
A user who violates, entirely or in part, any dispositions set forth in these Portal Terms and Conditions of Use will be immediately notified by the Portal, and this user should cease the illegal practice, without detriment to appropriate legal measures that may be taken depending on the case.
Services available to the user may be suspended until irregularities are ceased, or definitely cancelled, depending on the seriousness of the act performed.
In case of failure to abide by the conditions set forth herein, as well as in all Portal Policies and Regulations, and, in case of extrajudicial and legal proceedings are filed by third parties against the Portal, these will give rise to the payment of indemnification to the Portal by the responsible user, without detriment to the payment of attorney's fees.
The Portal may, at any time and at its sole discretion, modify or update these Portal Terms and Conditions of Use, always focused on the excellence of services provided.
It is recommended that users regularly read this document in order to be updated about the general rules and conditions for using this Portal.
Portal General Terms and Conditions of Use are governed by the law in force in the Federative Republic of Brazil. For the resolution of occasional disputes, the parties choose the Central Court of the Judicial District of SÃ£o Paulo - SP, and exclude any other court that may be claimed.
The full acceptance of these Portal Terms and Conditions of Use is a mandatory requirement for using the Portal and its services. In case of the user does not agree to be bound by the conditions set forth herein, this user shall not use this Portal.