TERMS OF USE AND PRIVACY POLICY

Candowell is a social network ("Platform") developed and provided by CANDOWELL DO BRASIL SERVIÇOS DE INTERNET LTDA. (“Candowell”), enrolled with CNPJ/MF under nº 24.469.133/0001-70, headquartered at Rua Regina Badra, 59, Jardim dos Estados, São Paulo/SP, CEP: 04641-000. The purpose of this document is to explain the functionalities and regular use, by you (“User”), of the Platform, as well as clarify how your personal information shall be handled, and your rights related thereto.

Candowell is a different social network! We generate and allocate revenue to social causes and the users are able to participate in, directly or indirectly, non-for-profit projects.

These Terms of Use and Privacy Policy (“Terms”) define important rules! Accordingly, the User shall fully read and consent to these Terms, should the User agrees with the contents. The User can also access this document, at any time, by e-mail: contato@candowell.com.

In addition, the User understands that the Platform is continuously improved, as well as these Terms, in order to better meet your needs. Accordingly, the User acknowledges and understands that these Terms may be modified, at any time, by Candowell, without prior notice, provided that in accordance with applicable law, in the sense that the User shall be the sole and exclusive responsible for verifying such Terms on a periodical basis.

1. Acceptance of the Terms

1.1. The free, express, mindful and informed accepted of these Terms shall be confirmed by the User by clicking in the acceptance button, in his/her first access to the Platform, by selecting the checkbox. In the event the User does not agree with any of the provisions set forth herein, the Platform shall not be used.

1.1.1. The User understands, however, that the abovementioned acceptance may be revoked at any time, upon notice submitted to Candowell, in which case the data and information eventually collected shall be excluded, except if the respective storage thereof is required by any legal obligation or in case of different legal provision to handle the data, provided that in compliance with Brazilian legislation.

2. Access to and use of the Platform

2.1 The purpose of these Terms is to govern the use of the Platform, to be accessed by mobile devices and internet, available for download in smartphones and tablets, at App Store and Google Play virtual stores.

2.2 The use of the Platform depends on prior registration. In such procedure, the User shall provide his/her name, telephone, e-mail, birth date and user name. In addition, the User shall solely provide true and complete data to allow his/her proper identification.

2.3. When making his/her registration, the User declares to be of legal age, or to be between 13 (thirteen) and 18 (eighteen) years old, and duly authorized by his/her legal representative, who shall be responsible for any damages caused by the User before Candowell or third parties, at civil or criminal level.

2.4. As of the date hereof, the User acknowledges that Candowell shall not be liable for the accuracy of the information provided, as well as eventual damages from inaccurate and/or outdated information.

2.5. Once the registration is completed, the User may, amongst other functionalities, add persons to his/her network, post contents and texts, hyperlinks, images and videos, as well as interact with other Users, by commenting on and reacting to the contents posted.

3. Terms of use

3.1. The User acknowledges that, in the event Candowell identifies any improper contents or action in the Platform, Candowell may, at its exclusive discretion, exclude the User and disable the account of the User responsible for such content or action without any prior notice. To avoid such measure, the User shall not:

  1. use third-party identity and/or be anonymous;
  2. disclose misleading information;
  3. post any contents of non-authorized advertising and/or merchandising nature, personally owned or on behalf of third parties;
  4. violate industrial and intellectual property rights owned by third parties, on any account;
  5. post any libelous, defamatory, offensive, contumelious or racist contents, or that would incite violence or any other unlawful act;
  6. post images containing pornography, nudity or violence, or that would incite hate and racism;
  7. post any content that could be construed as a form of prejudice or as discriminatory by an individual or group of persons, by virtue of sex, race, skin, religion, social condition, age, belief, among others;
  8. induct or incite the Users to be involved with dangerous, risky or harmful practices against the physical and psychical integrity;
  9. disclose any type of third-party personal information, such as: telephone, home address and e-mail, without the previous and express approval of such third party;
  10. submit SPAM, that is, the submission of mass messages that fully violate Candowell’s purposes;
  11. disclose scripts and/or links to other websites that could include any unlawful applications and software that could or not put into risk the Users’ computers;
  12. or hamper the normal operation of the Platform, amongst other practices that could be harmful to third parties and Candowell.

3.2. The User shall immediately notify Candowell, by e-mail contato@candowell.com, about any unauthorized use of his/her information and account, or any unauthorized access by third parties, or in the event of non-compliance with item 3.1. of these Terms by any other users.

3.3. Upon acceptance of these Terms, the User declares:

  1. to be civilly capable, under applicable Brazilian legislation, or duly authorized by his/her legal representative to accept these Terms;
  2. to be aware that he/she is the sole and exclusive responsible for the use and performance of his/her registry in the Platform, on an updated, accurate and actual basis;
  3. to acknowledge by his/her own initiative, to be responsible for any consequences from his/her use of the Platform, responding for any claim presented to Candowell, in or out of judicial courts, in relation to any moral and/or material rights caused to Candowell or third parties;
  4. to be aware that the Platform shall not be used for any unlawful purposes, in accordance with applicable Brazilian legislation;
  5. to be aware that no unlawful information and/or information that could violate the rights of Candowell and/or third parties shall be included in the Portal; and
  6. to be aware that no content or material shall be posted that could include harmful elements to the Platform, that are by any means capable of preventing the normal functioning of the Platform, as well as that could jeopardize the information systems of Candowell or third parties and/or damage documents and/or electronic files.

3.4. Upon acceptance of these Terms, the User acknowledges that, under any circumstance, he/she shall be the sole and exclusive person responsible for using the Platform, in the sense that Candowell shall be exempt from damages and losses arising from the improper use of the Platform, inclusive against third parties.

4. Collection of information

4.1. Through the Platform, the information collected are basically the following:

  1. Data and information actively provided by the User, in the Platform, including any information inserted during the registration for purposes of creation of the access profile, or disclosure of contents and/or interactions in the Platform, especially name, e-mail, birth date, gender, mobile phone number, user name, text, pictures, clicks, links or videos, but not limited thereto; and
  2. Data and information automatically collected, when the Platform is used by the User, including, but not limited to: user location (country, state and city), IP address combined with date and time of the activity, accessed pages and activities performed in the Platform, information on the operational system, information on the browser (type, version and language), device model, screen resolution, among others. In addition, the Platform may also use other standard technologies, such as cookies, pixel tags, beacons and local shared objects.

4.2. If duly authorized by the User, Candowell may also access, transmit and store information (telephone numbers and other information inserted in the respective fields) of the list of contacts included in the agenda of the Users’ electronic devices. The submission of this information allows the identification and indication to the User of which of his/her contacts are a party to, or may be a party to Candowell. The access to the information on the User’s contacts shall be authorized in each device the User has used to connect to the Platform. The information obtained from these devices is transmitted and stored in the Platform server, as encrypted data, and may be excluded whenever the User elects to disable the synchrony of the contacts, sparing the need of request for exclusion by the User.

4.2.1. When permitted, the User understands and authorizes Candowell to classify the contact information and apply an identification algorithm, so that such information can be used to improve the Platform and individually identify the User.

4.3. In addition, the User acknowledges and authorizes that other information on the social or ethnical origin, health, genetic information, sexual orientation, political, religious and philosophic understanding/opinion; trade union membership or religious, philosophic or political affiliations, may be collected indirectly, solely and exclusively for purposes of media segmentation.

4.4. The User may set up his/her access device, according to the used browser’s options, in order to block the collection of some type of information. However, in the event such setting is implemented, some resources offered by the Platform may not operate properly.

4.5. Upon acceptance of these Terms, the Use acknowledges to be aware of the information collected in the Platform and agrees with such collection.

5. Handling of information

5.1. All information collected by Candowell shall be deemed confidential, in the sense that such information shall solely be used as described herein, provided that authorized by the User: (i) to ensure the operation of the Platform; (ii) to improve the User’s browsing experience; (iii) for purposes of development and improvement of the Platform; and (iv) for marketing, promotional and statistical purposes.

5.1.1. Upon acceptance of these Terms, the User agrees with the actions promoted by the Provider and its partners to develop promotions, offer products, broadcast non-for-profit actions and propose marketing activities based on the information collected in the Platform, using such information for the proper provision of services and other purposes referred to in item 5.1 above.

5.2. Upon acceptance of these Terms, the User authorizes the submission of promotional e-mails by the Provider and its partners. In the event the User intends to discontinue the receipt of promotional e-mails, the User shall submit a message to contato@candowell.com.

5.3. When using the Platform, hyperlinks may be displayed to suggest other pages to the User, which pages define provisions different from the provisions set forth herein. Candowell shall not be responsible for the procedures of collection, use, sharing and storage of Users’ information by third parties.

6. Sharing of information

6.1. Candowell may share the information in the following cases: (i) if necessary to Candowell’s activities, including, but not limited to, with companies for purposes of analysis and segmentation of Users, and broadcasting of segmented media; (ii) with Candowell’s partners, for purposes of commercial and non-for-profit actions proposed in the Platform; and (iiii) with service providers, in order to improve and maintain the operation of the Platform; (iv) for purposes of protection of the Candowell’s interests in any type of conflict, including lawsuits; (v) in the event of corporate transactions and changes involving Candowell, in which case the transfer of information is necessary for the continuity of the services and delivery of the products; or (vi) upon legal order or as requested by the administrative authorities with jurisdiction for such request.

6.2. All third parties with which Candowell shares the Users’ information, under the terms described herein, shall be responsible for the confidentiality thereof, by limiting the use solely for purposes to which such information has been designated. Similarly, all third parties agree to enter into the confidentiality agreement under the same parameters adopted in these Terms.

6.3. In the management of his/her account, the User may also determine the information to be available to the other Users added to his/her network, using the privacy settings.

7. Storage of information

7.1. All information collected by Candowell, through the Platform, shall be stored in third-party servers, provided by Amazon Web Services and Stream, which consider such information confidential. Accordingly, Candowell, in conjunction with its partners, agrees to undertake all reasonable market efforts to preserve the security of the storage systems of such information.

7.2. Candowell adopts the best techniques to protect the Users’ information in its Platform. However, Candowell cannot ensure that eventual third parties are not able to improperly access such information stored by Candowell by virtue of the nature of the Internet itself.

8. User’s rights in relation to the personal data processing

8.1. Candowell ensures to the User, with respect to the personal data processing, the following rights:

  1. the confirmation of the personal data handling;
  2. the access to the data collected during the registration and the use of the Platform;
  3. the data correction, in the event of incomplete, inaccurate or outdated data;
  4. the blocking or exclusion of unnecessary and exceeding data, in addition to the data not treated in compliance with applicable Brazilian legislation;
  5. the exclusion of the data upon the User’s approval;
  6. the obtaining of information on the public and private entities with which Candowell shared such data; and
  7. information on the possibility of an User not providing his/her consent, as well as the effects arising from such refusal.

9. Exclusion of collected information

9.1. Candowell shall exclude the collected information: i) upon consent revocation, by the User, if necessary; ii) upon determination of proper authority in this regard; and iii) in the event of unnecessary or exceeding information, or information not handled in compliance with Brazilian legislation.

9.2. The User may request the exclusion of the data stored by Candowell that refer to him/her upon request by the e-mail contato@candowell.com. Candowell agrees to undertake the best efforts to meet all exclusion requests, as soon as possible. Such exclusion, however, shall also exclude the User’s registry from the Platform, as its functionalities shall no longer be available to the User.

9.3. In relation to the exclusion request, Candowell shall respect the minimum information storage term determined by Brazilian legislation.

10. Intellectual Property

10.1. All texts, images, pictures, brands, logotypes, icons, technologies, links and other audiovisual or sound contents, including software, graphics and source codes made available in the Platform, except if otherwise indicated in these Terms, are exclusively owned by Candowell or third parties, are protected by international laws and treaties, and shall not be copied, reproduced or otherwise used, in the sense that any defaulting party shall be subject to the corresponding civil and criminal sanctions, under the terms of Laws 9.279/96, 9.609/98 and 9.610/98.

10.2. The contents inserted by the User in the Platform, however, shall always be owned by the User. By posting text and images in the Platform, the User grants solely the global use license, for undetermined period, subject to be sublicensed to third parties, which shall pay a compensation for the use of the functionalities offered by Candowell. Accordingly, the User grants authorization so that the material inserted by the him/her is shared with third parties, acknowledging that it may also be reproduced, edited, stored in any media, published anywhere and/or used, without commercial purposes, to broadcast the functionalities of the Platform, as well as in materials, campaigns, internal facilities and institutional events of Candowell, not subject to any payment by Candowell to the User.

11. Disclaimer

11.1. Candowell, its representatives, agents and employees shall not be responsible for:

  1. eventual unavailability, errors or failures in the Platform, as well as any incorrect use of the Platform due to its reliability or difficult access;
  2. errors or inconsistencies in the data transmission or the quality or availability of the Internet signal;
  3. any products or services offered by third parties, eventually provided or announced in the Platform;
  4. damages arising from false or offensive information included by the Users, in the Platform, in which case the User shall be the sole responsible for his/her interactions, under applicable legislation; and
  5. the relationship between the Users and third parties, even if such relationship is a result from any contact originated in the Platform.

11.2. The User acknowledges to be aware that, under the terms of applicable legislation, he/she shall be the sole responsible for, inclusive before third parties, the use of the Platform, as well as the contents included in the social network by him/her, in the sense that Candowell shall be exempt from any responsibility for any damage or loss arising from the use or from incorrect, incomplete or untrue information, or information not in compliance with authorship rights.

11.3. Candowell is concerned about the safe use of the Platform and employs updated and recognized security tools against cybernetic attacks and data disclosure. However, Candowell shall not be responsible for malicious acts exclusively undertaken by third parties, over which Candowell has no reasonable control, although such acts may cause any damage to the Users.

12. Access duration and termination

12.1. The Platform is provided to the Users for undetermined term, it being understood that Candowell shall be entitled to the right to modify, suspend or terminate the social network access without prior notice, not subject to any indemnity on behalf of the User due to the access termination.

12.2. Candowell reserves the right to (although it is not obligated to) verify the use of the social network by the User, in order to identify eventual Users that use the social network improperly, unlawfully, inadequately or not in compliance with these Terms. Upon verification of any violation of these Terms or other legal provisions set forth in the Brazilian legislation, Candowell may immediately exclude the User from the social network, without prejudice to the applicable civil and criminal penalties.

13. General provisions

13.1. Any clause or condition hereof that, due to any reason, is deemed null and void by any court, shall not impact the validity and effectiveness of the other provisions set forth in these Terms, which shall remain fully validy and binding, to the maximum extent under the law.

13.2. This legal relation shall be exclusively governed by the Brazilian laws, including eventual lawsuits arising from the violations of these Terms.

13.3. The failure of Candowell to request any rights or provisions set forth in these Terms shall not represent a waiver, in the sense that Candowell may regularly exercise its rights, according to the legal terms.

13.4. These Terms may be changed at any time, without prior notice to the User, except in the event of express legal obligation in regard of such specific alteration. Accordingly, we recommend the User to verify the update date of these Terms, indicated in the end of this document, each time the Platform is accessed. In the event the User does not agree with the new version of the Terms, such User shall abstain from using the Platform.

13.5. Any clause or condition set forth herein that, for any reason, is deemed null and void by any court, shall not impact the validity of the other provisions hereof, which provisions shall remain fully validy and binding, to the fullest extension permitted by law.

13.6. The User may contact Candowell, at any time, by e-mail contato@candowell.com. Candowell may contact the User using any personal information provided by the User upon registration.

14. Applicable legislation and court

14.1. This legal relation shall be exclusively governed by Brazilian laws.

14.2. The Parties elect the courts of the domicile of the User to settle any doubts, matters or claims arising from these Terms, waiving of any other, however privileged it may be.

Last updated on: 02.26.2019