TERMS OF USE AND CONFIDENTIALITY AND SECURITY POLICY

This document comprises a set of actions that Global Business Connection ("GBC") establishes in relation to privacy and data security in compliance with its policy of transparency and respect to its Users/ Customers, containing information and guidelines on how GBC receives, stores and makes use of personal information registered or furnished by a User/Customer for browsing and use of GBC Portal. The present instrument aims at providing the liabilities, duties and obligations that each and every User/Customer undertakes by accessing the GBC Portal, according to the conditions below.

 

Definitions

Without prejudice to other definitions set forth by this policy, the following terms will have the meaning below:

“GBC Portal”: electronic platform for advertising.

“Customer”: any person who registers at GBC Portal and receives an individual and exclusive identification to use the services offered in the GBG Portal, whether free of charge or not.

“User”: any person who access advertisements or any information available at the GBC Portal.

“Personal Data”: any information related to an identified or identifiable person, including its full or commercial name, physical or electronic address, telephone number, personal identification number, registration at a tax payer registry, credit card number, financial situation, bylaws, financial statements, preferences and access settings, including the address and identification number for a terminal used for connection to the computer network. That information, when supplied, will be stored using encryption of confidentiality and integrity, as well as extreme control of access, in compliance with the most strict ethical and legal principles. Despite the use of the most secure levels of safety for protection of the data and information, it is important that each User/ Customer is aware that, due to the nature and characteristics of the internet environment, there is always the risk that non-authorized persons, somehow, can violate those safety mechanisms of protection and have access to that information, reason why GBC cannot guarantee full privacy and safety in the use of the GBC Portal or storage of information.

"Cryptography": name given to the process of codification of information. The information is codified (scrambled) in the origin and uncodified at its destination, making it harder to being deciphered during transmission on the internet.

"Cookies": text files stored by the navigator (i.e Internet Explorer, FireFox, Chrome or Safari) in your computer or mobile. The cookies have the purpose of recognizing the computer or mobile, keeping track of personal preferences, such as browsed pages or accessed links. A cookie is individually ascribed to each computer and cannot be used for execution of programs, neither to transmit viruses, trojans etc., and can only be read by the server which has sent it.

The Users/Customers must read carefully all the terms below before accessing or using the GBC Portal, since its access and/or use implies agreement with them.

GBC and its partners involved with the products/services available in this Portal will only supply to the User/Customer information and services after consent with the terms, conditions and information provided hereby, as well as to all documents somehow attached to it. The use of GBG Portal implies total agreement with those terms, conditions and information contained herein.

 

GBC´s Lack of Liabilities

GBC provides an electronic portal to show ads from different advertisers and is merely a promotion vehicle. Therefore, it does not, in any case, act as consulter, intermediary or participant in any business between Users/ Customers.

GBC does not take responsibility for any consequence, which might derive from any relation between Users/Customers, whether direct or indirect, acting merely and exclusively as an electronic showcase of published advertisements. GBG is not liable for any defect or problem with the products and services provided by the Users/Customers, for any action or omission of any User based on the information, advertisement, photos, videos and any other material presented in GBG Portal, and each and every transaction must be carried out safely, with caution and good sense, whereas the User/Customer must evaluate the risks involved in the negotiation, taking into consideration that it may, occasionally, be handling with persons/business with false identity.

GBC informs that the images used by the Portal, for illustration of the website, reports among others, are merely illustrative and do not have any commercial purpose. Additionally, GBG uses its best efforts to keep the Portal updated, accurate and complete, but may not be held liable for any imperfection, mistake, fraud, inaccuracy or discrepancy in the data, photos, videos or any other material related to the ads or information contained in the Portal.  GBG may also not be held liable for occasional damages and/or problems deriving from the delay or interruption in the transmission of the Internet data.

Therefore, should any User/ Customer or third party file any judicial or extrajudicial measure against any User/Customer, all the involved parties expressly waive any claim or any right against GBC and it employees, agents and/or representatives.

GBC does also not take responsibility for tax liabilities arising from the activities and transactions between GBC´s Users/Customers. By acquiring any asset or service, the User/Customer must require the necessary documents, unless the other User/Customer is legally exempted from furnishing the document.

 

Identification of the Customer

When accessing the GBC Portal for the acquisition of products and/or services (paid or not) offered in the GBC Portal, each Customer receives a personal identification. This identification is required and certified in the subsequent accesses to the GBC Portal. This identification is deemed as agreement to the present contract.

The identification of the Customer is exclusive, non-transferable and encrypted to be sent to the GBC server, and it is stored in an encrypted databank.

GBC may confirm personal information furnished by the User/Customer by means of consultation to public entities, specialized companies, and registries of restriction of credit or risk assessment companies. The information GBC obtains from those entities will be handled with confidentiality.

 

Without prejudice of the above mentioned, the User/Customer assures and is liable to the accuracy, truthfulness and authenticity of the provided information and also commits to keep that information updated. As a consequence, GBC may not be held liable for any untruthful or inaccurate information that is furnished by Users/Customers.

 

GBC´s commitments

GBC commits itself to:

Only request information on individual Personal Data that is necessary to enable its business and the supply of products/services requested by its Users/Customers;

Request authorization to send any type of advertisement or informative material to the e-mail that has been registered in the Portal;

Enable the cancelling of the authorization previously granted for the sending of advertisement or informative material;

Make use of cookies strictly to control the audience and browsing in the GBC Portal. The cookies will not be used to control or supply Personal Data on the User/Customer, except when a safety rule is violated or when the User/Customer performs activities that hinder the operation by GBC, such as hacker attempts or invasion of the Portal.

Strictly fulfill all the terms and conditions set forth in the present Terms of Use and Confidentiality and Security Policy.

In case the User/Customer accesses the websites of third parties, sponsors, advertisers or other websites linked to GBC Portal, it is likely that financial and/or personal information is required. In this case, the information will not be sent to GBC Portal, but directly to the respective website and GBG may not be held liable for the use of this information.

 

User/Customers Commitments

The Users/Customers commit themselves to:

- Refrain from using GBC Portal for any illicit, harmful, illegal, criminal, offensive,  libelous, defamatory, unreasonable, discriminatory and/or disrespectful purpose  or that does not observe criteria of truth;

- Refrain from sending or transferring any type of information that gives rise or induces discriminatory, violent or illegal messages that violate moral and public order, violates or threatens third parties privacy, that is sexually explicit, profane, obscene, discriminatory or unacceptable for causing any harm or damages to any other User/Customer or to GBC Portal, its employers´, any of its coworkers´ or third party´s image;

- Refrain from making a registration with untruthful information or information that is related to third parties;

- Refrain from sending any confidential information about GBC to third parties, without previous authorization;

- Refrain from making use of an advertisement to insert information and/or pictures, or in any way make reference to another person or company;

- Refrain from modifying, erasing or corrupting third parties' information or data;

- Refrain from violating the privacy of other Users/Customers;

- Refrain from sending any files with any type of virus, with destructive content, invasive or that cause any type of damage to another person´s equipment or to GBC;

- Refrain from using false computer or network addresses, or false e-mails;

- Refrain from violating any patent, brand, industrial confidential information, copyright or any other intellectual property right, or any other act or omission that contravene any law and may be deemed as torts and/or crimes, including, but not limited to crimes against honor (libel, defamation or slander), unfair competition or any other illicit acts provided by intellectual property law;

- Refrain from sending any information to the advertiser´s contact with any other intent that is not commercial;

- Refrain from using the products and/or services available in GBC Portal for purposes they are not intended for;

- Refrain from using GBC Portal for any purpose other than its ordinary purpose;

- Being careful with its personal individual identification, whenever accessing the Internet, performing operations with confidentiality and data protection;

Only disclose truthful information;

- Being responsible for any type of information provided by means of its User name and password;

- Keeping its personal identification and password confidential;

- Disconnecting the GBC Portal immediately after use, especially if other persons have access to the computer;

- Setting the equipment to protect it from any type of electronic viruses;

- Always confirm the authenticity and the reputation of the other party involved in the transaction;

- Strictly comply with all the provisions of the present Terms of Use and Confidentiality and Security Policy;

 

Price and Measures Conversions

The GBC Portal provides price and measure conversions according to User or Customer preferences, in order to facilitate the analysis and comparison of the products or services advertised. The Customer is responsible for creating and recording the advertisement on GBC Portal, respectively responsible for the definition of price, currency, sales conditions and all information on the products or services advertised by him.

 

Criteria of Arrangement of Advertisement

The advertisements are disclosed in GBC Portal taking into consideration the type of advertisement contracted by the advertiser and criteria defined by the GBC team.

 

Intellectual Property

GBC Portal or its Customers, partners and suppliers, are entitled to the intellectual property over the material disclosed in the GBC Portal , including brands, logotypes, products, systems, service denomination, program, data base, images, files and any type of material. The non-authorized reproduction or disclosure of any type of material that belongs to the GBC Portal is strictly forbidden.

The commercial brands disclosed in the GBC Portal belong to it, its Customers, partner or suppliers, and the mere disclosure of those brands in the GBC Portal may not be deemed as authorization for use, whereas any type of disclosure of the brand is strictly forbidden.

The improper use of intellectual property will be considered a violation to intellectual property law and will subject the violating party to the applicable judicial measures, without any prejudice to reimbursement of civil damages caused to GBC Portal or third parties.

 

Technological Risks

Should GBC Portal give rise to any service need or material, property, equipment or User information replacement, GBC shall not be held liable for the respective costs.

The information, software, products and services disclosed in the GBC Portal may contain typos and inaccurateness. Alterations and adjustments of information are made frequently.

 

Gathering of Information:

Depending on the action to be carried out, when registering, browsing, buying or using products and/or services at the GBC Portal, the following information will be required:

- Personal identification of the User/Customer;

- Product(s) or service(s) offered at the Portal;

- Product(s) or services(s) researched at the Portal;

- Product(s) or service(s) that belong to or is represented by the User/Customer;

- Acquisition and method of payment of the product or service requested by the Portal;

- Preferences of the User/ Customer;

- Opinions of the User/Customer;

- Access of the User/Customer (example: date and time of the access);

- Profile of the User/Customer (example: visited links, visited pages).

 

Use of the Information

The information captured by means of the GBC Portal will be used with purpose of:

- Assessment on general statistics;

- Better and improved interfacing between the Portal and the User/Customer;

- Potential to offer sales and/or more accurate information, relevant to the need and/or interests of the User/Customer;

- Potential to offer more efficiency in relation to the frequency and continuance of communication with the User/Customer;

- Better and improved experience by the User/Customer in the GBC Portal and/or its browsing through the Internet;

- Answer questions and requests by the User/Customer;

- Communicate researches  and relationship marketing;

- Disclose alterations, innovations and sales of products and services at the GBC Portal;

- Allow the Users/Customer to browse and carry out the transactions offered in the GBC Portal;

- Allow the supply of products or services requested at GBC Portal;

- Identify the profile, desires, needs of the User/Customer, in order to improve the products and/or services offered;

- Send information on products or services to its Users/ Customers.

By means of the present Terms of Use and Confidentiality and Security Policy, the User/Customer expressly agrees to being identified by the GBC system, by means of the use of cookies. The User/Customer may, at any moment, activate mechanisms to inform when the cookies are activated or may also block them.

 

Disclosure of Information

The GBC Portal does not supply to third parties any information on the personal identification of Users/Customers, without its previous consent, only in the following exceptions:

- GBC informs to all its Users/Customers that it collects, uses, stores and shares the personal information, including connection registry and access to internet applications, with the companies that have been hired to proceed with the services of online payment and their respective partners;

- In case there is any legal or judicial determination of supply of information, the GBC Portal commits itself to only use the collected information for the purposes hereby described, being allowed to keep the information for legal purposes or to protect itself in case of civil liability, as well as destroy it after use, being also allowed to simply not use the information;

Once  the  personal information has been provided concerning the User/Customer, GBC Portal may use it to send publicity, directed by e-mail or any other mean, with information about GBC, its partner companies, its products and services. However, the User/Customer may, at any time, even when providing the personal information, inform GBC that it does not wish to receive that type of advertisement, including by e-mail, in which case GBC will cease sending of information as soon as possible.

 

Security in Relation to Confidential Information

The access to personal information stored by GBC is restricted to authorized professionals, as long as necessary under their services, being forbidden to use for other tasks. It is also required that any entity or person contracted by GBC fulfill all confidentiality requirements, and also Security Policy and Ethics Code.

GBC works exhaustively to assure that information provided to Customers are truthful and legitimate, by means of accurately monitoring the information provided. The User/Customer must review the information and, in case there is any discrepancy in the information provided, inform GBC of the updates.

GBC will not be held liable for any damages that may be caused due to the violation of safety mechanisms by third parties or so called “hackers” or “crackers”.

Besides the situations described above, in case there is any need to furnish to third party information concerning the personal identification of Users/Customers, GBC will request prior authorization. Information that does not refer to personal aspects (such as demographic, for example) may be furnished to advertisers, suppliers, sponsors and partners, aiming at the improvement of the quality of products and services.

Third parties, which receive any type of information from GBC concerning Users/Customers of the GBC Portal, must also observe the security and confidentiality of referred information.

GBC works exhaustively to assure security and confidentiality to the information that it collects. However, for the adopted measures to be effective, it is necessary that each one of the Users/Customers acts responsibly, being careful with its personal information whenever accessing the internet and only working under protected operations. It is also necessary to refrain from disclosing User identification and to disconnect from the GBC Portal after use, mainly if the computer is shared.

GBC can also not be held liable for any damages or problems related to the delay, interruption or blocking in the transmission of data through the Internet.

 

Extension of Effects

The Confidentiality and Security Policy applies exclusively to personal information, as defined above, that may be disclosed to GBC by the User/Customer for the purpose of use of products and services. As a consequence, the present Confidentiality and Security Policy does not apply to any other service provided by GBC, including those sites that are anyhow related to GBC´s site, either by links or any other technological resource, or any other site that is known or accessed by means of the GBC Portal.

Therefore, GBC alerts its Users/Customers that referred sites may contain a different Confidentiality and Security Policy and may have adopted a different type of Confidentiality and/or Security Policy. GBC may not be held liable for any violation or harm that may be caused to the User/Customer by referred sites.

 

News and Advertisements

The newsletters and advertisement messages sent by GBC through e-mail will always contain the option of cancellation. GBC also provides its Users/Customers with a cancellation management tool within messages, so that the Users/Customers may, at any time, cancel the sending of messages.

The messages sent in the HTML format may contain codes that allow the User/Customer to customize messages according to its individual preferences and also to make reports on the visualization of messages, number of accesses to the e-mail and number of clicks made on the image. This information will be used generically and will be gathered for generating reports about the sending of messages. Those reports may be furnished to the advertisers as statistics concerning the effectiveness of the advertisement, without any reference to personal information on the User/Customer.

GBC will not disclose this information in an individual manner, meaning that there will be no identification of the User/Customer or disclosure of its access and viewing of e-mails. The information will only be used according to the current Confidentiality Policy.

 

Security of Transactional Information

The transactions in relation to the payment, regardless of the choice made, are carried out in a safe environment, duly certified by a company specialized in internet data security. All the necessary information for payment is encrypted. The icon "closed lock", that can be found in the lower bar of the monitor, indicates that the exchanged information is encrypted.

Another safety measure is that GBC does not collect the number and the expiration date of the credit card, as well as other specific information for payment. This information is sent directly to the financial institution and is not stored or used for any other purpose.

The operations carried out in the GBC Portal by a User/Customer, as well as information concerning the operation, may be accessed exclusively by the User/Customer itself. 

 

Applicable Law and Dispute Settlement

All and any dispute arising from the conditions of the present Terms of Use and Confidentiality and Security Policy will be governed by Brazilian law. The Courts of São Paulo will be exclusively competent to judge any conflict related to the present instrument, regardless of how much jurisdiction another Court may have.

 

Changes in the Portal

GBC and its affiliates and suppliers can make changes in the information, services, products and other materials of GBC Portal, being also able to cease activities at any moment, without any previous notification to the User/ Customer and without any type of possibility of having to pay damages.

 

Violation to the GBC Terms of Use and Confidentiality and Security Policy

The User/Customer that violates the present Terms of Use and Confidentiality and Security Policy will be notified to cease the irregular access, without any type of prejudice to legal sanctions incurred. The services may be interrupted by GBC Portal, definitely or not, at GBC´s own discretion.

 

Acceptance of the GBC Terms of Use and Confidentiality and Security Policy

The browsing of the GBC Portal implies express acceptance in relation to the terms and conditions set forth in the current Terms of Use and Confidentiality and Security Policy. We recommend that the Users/Customers that do not agree with the conditions set forth herein, refrain from accessing and browsing in this portal.

GBC may modify the provisions of the present instrument at any moment, which is the reason why it is recommended that the User/Customer frequently reviews all applicable information  on the current contract in order to become aware of the liabilities, duties and obligations that it undertakes when using the GBC Portal.

 

Questions and Suggestions

Should there be any question or suggestion in relation to the Terms of Use and Confidentiality and Security Policy, please send us an email to costumer.service@gbc.net.br.

In case it is noticed that the present Terms of Use and Confidentiality and Security Policy are not being duly fulfilled, the lack of compliance must be informed by the User/Customer by e-mail to be sent to costumer.service@gbc.net.br.