Promob's Terms of Use

You must agree to Promob's Terms of Use.

SOFTWARE LICENSING
AND INFORMATION TECHNOLOGY
SERVICE PROVIDING CONTRACT

I – SUBJECTS OF THE CONTRACT

  • Parties

PROCAD SOFTWARES S.A., a closed corporation, headquartered in the city of Caxias do Sul, State of Rio Grande do Sul, on Jacarandás Street, nº 225, Cinquentenário District, zip code 95012-280, registered under the corporate tax identification nº 00.141.463/0001-73, and its affiliates, in the city of Campo Bom/RS, Rui Barbosa Street, nº 153 - Store 50, Downtown District, zip code 93700-000, registered under the corporate tax identification n.º 00.141.463/0002-54; in the city of São Paulo/SP,on Vergueiro Street, nº 1.353, Rooms 1.208, 1.209, 1.210 and 1.211, Paraíso District, zip code 04101-000, registered under the corporate tax identification nº 00.141.463/0003-35; in the city of Florianópolis/SC,on Souza Dutra Street, nº 145, Rooms 701 and 702, Estreito District, zip code 88070-605, registered under the corporate tax identification nº 00.141.463/0004-16; in the city of Belo Horizonte/MG,on Barão Homem de Melo Avenue, n° 4.500, Rooms 802, 803, 804 and 805, Estoril District, zip code 30494-270, registered under the corporate tax identification nº 00.141.463/0005-05; in the city of Salvador/BA, on Pernambuco Street, nº 153, rooms 107 and 108, Pituba District, zip code 41830-390, registered under the corporate tax identification nº 00.141.463/0006-88; and, in the city of Bento Gonçalves/RS, on Treze de Maio Street, nº 1158, Imigrante District, zip code 95702-002, registered under the corporate tax identification nº 00.141.463/0007-69, represented in the terms of its bylaws (“PROMOB”)

CONTRACTING PARTY, a private individual or legal entity that acquires a license to use computer Software and other services in this contract, through electronic acceptance, hereinafter referred to as Contracting Party.

Together, PROMOB and the Contracting Party, referred to as “Parties” and, individually, “Party”, agree to the present Software Licensing and Information Technology Service Providing Contract (“Contract”), via adherence by electronic means.

II – CONTRACTUAL INTENT

  • Knowledge and Intent of the Parties

Whereas:

  1. PROMOB is the sole owner of the copyright for the Software and its brands, to use, own, bequeath and dispose of them, especially for technological improvements, version alterations, business agreements, promotional campaigns, among other features or services that can be added, for a charge or for free.
  2. The legal relation established between the Parties is not one of consumption, according to article 2 of the Consumer Defense Code, which presents the concept of consumer.
  3. The Contracting Party has the contractual information, independence and freedom that allows them to adhere to the present Contract and to the Privacy Policy of the Software, and to discipline its relations with PROMOB, Manufacturers, Merchants, Business Partners and its chain of suppliers of products and services, including of a financial nature.

III – DEFINITIONS

  • For Contractual Interpretation and Integration.
  1. Technological Updates: an increase in the features and/or technology of the Software, resulting in new versions or not, made available at the discretion of PROMOB. The Technological Updates can also lead to modifications that make integrations feasible with the Software and/or other programs and other internal services that aim to maintain proper functioning.
  2. Library: A data and image base included in the Software, composed of Products and Services of Manufacturers, Merchants or Business Partners.
  3. CTUS (Clause for Technological Updates and Support): Signature for the purposes of providing support services and Technological Updates of the Software.
  4. Consumer: Final customer for products and services, in the terms of art. 2, single paragraph in the Consumer Defense Code - Law 8.078, of September 11, 1990.
  5. Manufacturer: Industry producer of capital and consumer goods that can use the Software or provide it to Merchants, Users and Business Partners according to the rules of this Contract.
  6. Online Features: They are integral parts of the Software that need an internet connection in order to be used and/or for activation and/or updates.
  7. Business Information:Financial, administrative, fiscal, accounting, production and other databases to be included in the Software.
  8. Merchant: is the retailers, franchise, commercial or resale representative, whose establishment or point of sale uses the Software in the commercialization of Products or Services.
  9. Data Message: We use the concept of the Model Law of UNCITRAL regarding electronic marketing, of 1996 (art. 2), considering as such all information generated, sent, received or communicated by electronic or similar means.
  10. Business Partners: Companies whose Products and Services become a part of the Software.
  11. Plug–In: A computer program that adds special functions to the Software.
  12. Products or Services: Goods and services products or commercialized by the Manufacturer, Merchants, Business Partners or by PROMOB that compose the Software.
  13. Privacy Policy: rules about privacy, use and transmission of data, available at the site www.promob.com, to which the Contracting Party adheres by signing and/or accepting this Contract.
  14. Requests: : the service channel available in the Services Portal, address: portal.promob.com.
  15. Software: a computer program with the Promob brand, in its different versions and features, owned exclusively by PROMOB, protected and regulated by the Law 9.609/98.
  16. Support: Customer service for clarifying doubts regarding the installation and use of the Software.
  17. User: a private individual who uses the licensed Software.

IV – GENERAL CONDITIONS OF THE CONTRACT

  • General Software licensing and services agreement
  1. OBJECT – The object of this Contract is the user’s licensing agreement for the Software and services provided by PROMOB.
    1. In order to specify specific conditions for the contract, the Parties can provide complementary documentation, that will be included in this Contract for all legal intents and purposes, as follows: Description of the Product(s) and/or Service(s) - Appendix I; Business Proposal - Appendix II; and the Project Plan - Appendix III.
    2. If there are differences between the complementary documentation and this Contract, the present instrument will take precedence.
    3. The Project Plan is the result of the first activity of PROMOB with the Contracting Party, in which their specific needs will be identified, respecting the limitations and scope of the contract.
    4. Additional user’s licenses and services may be the object of a specific contract, with separate documentation.
    5. The provisions of this instrument are applied by PROMOB according to the version of the Software contracted.
    6. If the Contracting Party disagrees with any of the services and obligations expressly assumed by PROMOB, they should proceed in the following way:
      1. Issue a notification specifically for PROMOB with their justifications, according to the rules of this instrument and the Business Proposal;
      2. If PROMOB agrees with the justifications of the Contracting Party, it is committed to redoing, changing, improving, correcting or completing the service, within a reasonable time period established, for a charge or for free, depending on whether the service is part of the Contract or not;
      3. If PROMOB does not agree with the arguments of the Contracting Party, it should present its justifications unequivocally according to the Contract and the Business Proposal, in order to demonstrate the services provided.
    7. The use of the Software(s) assumes the acceptance of the rules of the most recent version of the Software Licensing and Information Technology Service Providing Contract.
  2. COPYRIGHT PROMOB is the exclusive owner of the copyright for the Software and Plug-Ins protected and regulated by the Law 9.609/98.
    1. Infringement of PROMOB’s copyright will result in compensation for losses and damages according to the law and a compensatory fine of 20% (twenty percent) of the amount of the Contract, in addition to applicable criminal sanctions.
    2. Among other illegal practices, PROMOB copyright infringement includes the unauthorized use, modification, commercialization or integration of the Software.
    3. The aforementioned copyright, for purposes of auditing and verification of counterfeiting, piracy or misuse of the Software, grants PROMOB free physical or virtual access to the computational environment of the Users, as well as the right to immediately block the illicit use that it becomes aware of, without cost, or responsibility for damages, including loss of income, loss of clients, loss of projects, loss of opportunities or other possible damages resulting from blocking the system due to illegal use.
  3. BRANDS AND WEBSITE
    1. PROCAD, PROMOB and MOOBLE are registered brands duly protected with the National Institute of Intellectual Property (INPI, acronym in Portuguese), according to Law 9.279/96.
    2. The use of brands PROCAD, PROMOB and MOOBLE are prohibited, including the name, logo and signs, except through the express consent by PROMOB.
    3. All copyrights regarding the website, design, programming, content, are reserved to PROMOB, and it is expressly prohibited to reproduce, communicate, distribute and transform the aforementioned protected elements, except through the express consent by PROMOB.
  4. USER’S LICENSE The user’s license for the Modules of the Software assumes the following:
    1. The acquisition and the compliance of the price of the license and services;
    2. Internet connection to activate the license;
    3. Internet connection for periodic validations of the license;
    4. Internet connection to use the Online Features;
    5. Its use on a single device in which the license is activated;
    6. Respect and adherence to the Privacy Policy of the Software and to the fundamental rights to privacy, image and rules of data preservation, including commercial conditions, orders, personal and registration records.
    7. The responsibility of the Contracting Party in relation to the data transmitted using the Software.
    8. The responsibility of the Contracting Party in relation to the Business Information entered in the Software.
    9. The responsibility of the Contracting Party for damages that PROMOB sustains as a result of its relation with Manufacturers, Merchants, Users and Consumers, being obligated to compensate it for the amount of the damages.
    10. The responsibility of the Manufacturer for compensation of losses and damages, including legal costs and contractual attorney’s fees, due to blocks by Merchants or third parties that determined to PROMOB, when it undergoes extrajudicial or judicial oppositions on the part of those blocked.
    11. The responsibility of the Contracting Party to inform PROMOB about the block or restrictions in use of the Software with an express communication to PROMOB.
    12. That the license and the rights resulting from this Contract cannot be transferred to third parties without the express authorization of PROMOB.
    13. That the violation of the licensing rules offends the copyright of PROMOB and is a cause for termination, subject to a contract penalty as stipulated in clause 2, reparation for losses and damages and relevant criminal sanctions.
  5. LIBRARIES: The inclusion of the Libraries assumes the following:
    1. Entitlement and/or right to use of the images or information by the Contracting Party.
    2. Exclusive responsibility of the Contracting Party over the Business Information.
    3. Business relations or interests between the Manufacturers, Merchants or Business Partners, to be informed to PROMOB.
    4. The compliance of the price of the license and/or services;
    5. The responsibility of the Contracting Party to inform PROMOB through an express communication about the exclusion, alteration or limitation of the use of the Library.
    6. The responsibility of the Contracting Party, Manufacturers, Merchants or Business Partners for damages caused to PROMOB for the misuse of images or information.
    7. The prior evaluation of technical conditions by PROMOB.
    8. The communication by PROMOB regarding Business Partners that will be included in the Software..
    9. The duty of the Manufacturer to inform PROMOB through an express communication about the inclusion or exclusion of Business Partners from the Software.
    10. PROMOB may run promotional and marketing programs through the Software, which may restrict them to certain regions, Manufacturers, Merchants, Business Partners, Users and Consumers.
    11. The inclusion of the Libraries should respect the Privacy Policy of the Software.
  6. CUSTOMIZATION
    1. PROMOB will customize the Software by request of the Contracting Party, and can extend these services to Manufacturers, Merchants and Business Partners.
    2. The services of Customization and Revitalization will be demanded through a written document, including through Data Message.
    3. The Contracting Party is responsible for the data and images of Products and Services to be entered in the Software.
    4. The Contracting Party is responsible for the Business Information to be entered in the Software.
    5. The delay in sending the information by the Contracting Party may impact the deadline for Customization.
    6. Customization assumes its technical feasibility, compliance of the price for these services and other obligations of the Contracting Party.
    7. The Customization services can be added at any time, with an additional contract, subject to price revision and time period for installation.
    8. Some versions of the Software enable customization of certain functions directly by the Contracting Party, which does not impact the copyright that is kept exclusively with PROMOB.
    9. In the versions of the Software that enable customization by the Contracting Party, PROMOB is not responsible for its results.
  7. CTUS: PROMOB will provide services of Support and Technological Updates.
    1. The Support is accessed through the following resources:
      1. Support Page;
      2. Telephone Contact;
      3. Email and Requests;
      4. Other channels of services provided at PROMOB’s discretion.
    2. Except for special conditions, the Support service will be made available during business days and business hours, with a response time compatible with the complexity of the issue.
    3. Support implies the obligation to use the current version of the Software.
    4. The current version is that which is made available to the Contracting Party for updating.
    5. The Technological Update occurs through an internet connection.
    6. The services of Support and Technological Updates will be provided following the payment of CTUS.
    7. The Plug-In is dependent on the Software and will receive Support and Technological Updates during the period in effect and in compliance with the CTUS of the Software and the Plug-In.
    8. The lack of payment of CTUS will result in the immediate blocking of the user’s license of the Software and/or the Plug-in.
    9. If the Contracting Party renews the CTUS and defaults on the payment, the use of the Software will be blocked.
    10. The release and reestablishment of the user’s license for the Software and the services of Support and Technological Updates depend on the updated payment of the pending and consequent amounts, according to clause 8.4.
    11. The renewal of CTUS presumes the acceptance of the user’s license rules of the Software and the Privacy Policy.
    12. Upon expiration of the CTUS, according to the time period stipulated in the contract, the services will end.
  8. BUSINESS CONDITIONS
    1. The price and business conditions of this Contract are stipulated in the Business Proposal, Appendix II or in the Portal.
    2. If the Contracting Party requests new services, licenses, or Customization, a new proposal will be presented which, upon acceptance, will be included in this Contract.
    3. The amounts of this Contract will be updated annually, or at the lowest frequency authorized by law, by the General Market Price Index - Getúlio Vargas Foundation (IGPM-FGV, acronyms in Portuguese), or by another index that substitutes it.
    4. The business conditions agreed upon will be reviewed by PROMOB in order to maintain the economic-financial balance of the Contract.
    5. In case of default, access to the Software and the services provided will be blocked and reestablished after the delayed payments are made, in addition to 1% interest (one percent) per month, a compensatory penalty of 2% (two percent) and monetary adjustment by official indexes and other collection costs and the reactivation of the user’s license.
    6. If payment is made by credit card, PROMOB can register it for future purchases.
    7. Termination without motive by the Contracting Party does not release them from the obligation to pay for the license and services provided.
    8. The non-payment of the price on the part of the Contracting Party leads to the right of PROMOB to include their name in the default registration, to protest the unpaid title, collect and execute the debt according to law.
    9. Occasional renegotiations of price, deadlines, payment conditions will not exempt the Contracting Party from fulfilling the other contractual obligations, nor will they impact the rights of PROMOB as stipulated in clause 8.7.
  9. GUARANTEE AND TECHNICAL VALIDITY
    1. Some versions of the Software can be in a physical media and in this case, it will have a guarantee of 90 (ninety) days
    2. The misuse of the Software will result in the loss of the guarantee.
    3. Having determined the need for a guarantee, PROMOB will substitute the physical media of the Software with another, up to 30 (thirty) days, upon returning the defective copy.
    4. The exercise of the guarantee of the physical media assumes following the installation instructions of the Software, provided on the PROMOB website.
    5. Within the term of technical validity, according to the contract period, PROMOB guarantees services provided for the adequate operation of the Software.
    6. The Software will be considered adequate as long as it is sufficient in use for its intended purposes, according to its technical specifications.
    7. The Contracting Party, Manufacturer, Merchants, Business Partners and Users are responsible for maintaining the hardware, the internet connection and other software in the standards established by their providers and adapted to the technology of the Software.
    8. Since it is an intangible mobile good, subject to adaptations and technological expansion, PROMOB does not guarantee that the Software will not have errors, but will do everything possible to fix them, should they occur.
  10. RESPONSIBILITY: The Parties recognize and declare that the responsibility for the use of the Software is a means and not a result, limited to the following provisions:
    1. PROMOB Obligations – PROMOB develops and licenses software and is responsible for their quality and its professionals, according to the terms of the Law and the contracts that it establishes with its Clients.
    2. Access to the platform and to the technical environment – Having observed the legal and contractual limitations, PROMOB provides the platform, the technical environment and services so that its Clients can use the Software directly, without intervention.
    3. Scope of activity of PROMOB – PROMOB does not intermediate, edit, audit, inspect or monitor the use of the Software and relations between its Clients and Users, except for technical and statistical purposes, without publishing or registering the identity of the Users. Its solutions simply contribute as an instrument or means of communication, with qualified technology and professionals.
    4. Misuse – PROMOB is not responsible for damages resulting from misuse or inability of the Contracting Party, Manufacturers, Merchants, Users or Business Partners to transmit, receive, enter and extract information from the Software. PROMOB is equally not responsible for the Contracting Party’s interpretation of the fiscal-tax legislation, use of the Software and the Business Information contained in it.
    5. Integration – PROMOB is not responsible for the unauthorized integration of the Software with other software and/or with the computational environment of the Contracting Party that may lead to inefficiencies or distortions of the data.
    6. Backup The Contracting Party is responsible for the maintenance, preservation and backup of its data.
    7. Third Parties – For the purposes of this Contract, the Parties recognize that the Software is safe, though, as can occur in other virtual environments, it is subject to criminal threats and violations, causes that are excluded from the responsibility of the Parties. Moreover, the web technologies are supported by communication services, such as, the internet and telecommunications network, not offered by PROMOB and can impact the performance of the Software, these being third party issues, excluded from the responsibility of the Parties.
    8. Data Center PROMOB may contract Data Center infrastructure with third parties.
    9. Duty of Mutual Collaboration – Each Party should provide reasonable assistance to the other, at no cost, to respond to regulatory and fiscal audits, inspections, inquiries or requests by authorities regarding the Software or services and data from the Libraries.
    10. Information – The Contracting Party should notify PROMOB of any information that it receives regarding the security of the Software, including confirmed or unconfirmed information about adverse, serious or unexpected events associated to its use.
    11. Unforeseeable Circumstances or Force Majeur – The Parties will not be responsible for damages resulting from unforeseeable circumstances or force majeure, in the terms of Article 393, of the Civil Code.
    12. Examples of Unforeseeable Circumstances or Force Majeure – among others, examples of Unforeseeable Circumstances or Force Majeure that exclude the Parties from responsibility are as follows:
      1. errors resulting from a fact or obstacle beyond the reasonable control of the Parties;
      2. acts or facts whose non-compliance could not reasonably be expected to be taken into account by the Parties at the moment of concluding the Contract;
      3. facts whose effects could not have reasonably been avoided or overcome by the Parties, including malicious actions, the intervention of third-party software, antiviruses, firewalls, proxies, among others;
      4. war (declared or not), armed conflicts or serious threats, hostile attacks, blocks, military embargo, invasion, foreign enemy acts, civil war, rebellions, riots and revolutions, commotion or disorder, crowd violence or acts of civil disobedience;
      5. acts of sabotage, terrorism or piracy, including virtual piracy;
      6. acts of authority, regulation, expropriation or compulsory acquisition;
      7. forces of nature, pests, epidemics, natural disasters, such as storms, cyclones, typhoons, hurricanes, lightning, tornado, violent storms, earthquake, volcanic activity; landslides, tidal waves, tsunamis, floods, damages or destruction due to drought;
      8. Explosions, fires, thunderbolts, destruction of machines, equipment, plants and any type of facility, breakdown of transportation, telecommunication or electric currents;
      9. general unrest at work, such as boycotts, strikes, lockouts, occupation of plants and facilities;
    13. Limitation of Liability: Having respected the legal provisions related to this type of Contract, PROMOB will be made responsible for the abusive use of the Software or services when the User who offends, defames, threatens, harasses, counterfeits or performs other types of violations of personal rights or copyrights, including lost profits, loss of data, discontinued business, related to the use or misuse of the Software, even in cases in which PROMOB has been informed
  11. TERM OF THE CONTRACT AND CONTRACT EXTENSION
    1. This Contract comes into effect on the date of its signing or adherence and will last for a period of 01 (one) year. If the Parties do not make a communication within 30 (thirty) days before the expiration of the Contract, it will be extended for the same time period.
    2. The Contract may be terminated at any time, through a written notification 30 (thirty) days in advance.
    3. The early termination of the Contract by the Contracting Party, without demonstrable proof attributed to PROMOB, will lead to the payment of a penalty of 25% (twenty-five percent) over the amount of the Contract and losses and damages, if any.
      1. The amount of the Contract, for the purposes of calculation of the compensatory penalty of 25% (twenty-five percent) provided above is the total amount indicated in the Business Proposal, that is, the amount of the user license, the installation services, other services (training, customization...) and the full price of CTUS corresponding to 12 (twelve) months.
    4. This contract may be terminated by the Contracting Party, at any time, in the case of default of obligations expressly assumed by PROMOB, as long as the procedure stipulated in clause 1.6 and its sub-clauses is completed.
    5. The Contract may be terminated in full in cases of bankruptcy, judicial or extrajudicial receivership or settlement.
  12. CONFIDENTIALITY OF INFORMATION
    1. The Parties must observe the Privacy Policy of the Software.
    2. This Contract has data and information that must be kept confidential, under penalty of responsibility.
    3. Unauthorized access to the source codes of the Software is forbidden, through any type of procedure, such as, reverse engineering, reverse coding, manipulation or viewing of codes, reinterpretation of the coded model and the like, under the penalty of compensation of losses and damages and a compensatory penalty of 20% (twenty percent) of the amount of the Contract, as stipulated in clause 2.
    4. The Contracting Party allows, according to the Privacy Policy, that data transmitted through the Software, to meet specific features, commercial and promotional activities, and to finance operations, through authorization via Data Message.
    5. In the case of a merger, the acquisition or sale of the corporate interest by PROMOB, the data, as a whole, may be transferred to the third party involved.
  13. EXPRESSION OF WILL
    1. The clauses of this Contract have been read and revised by a competent person and its adherence presumes the full assumption of the obligations provided within it.
    2. The Parties acknowledge that this Contract is freely celebrated in mutual agreement, and its conditions are proportional, with no flaws or defects that may imply its annulment, especially related to willful misconduct, error, fraud, simulation or duress, with no fact that can be understood as a state of danger or necessity.
    3. If the Contracting Party acquires and provides the Software to Manufacturers, Merchants, Business Partners, collaborators or other Users, they should inform them about the conditions of this Contract.
  14. PRECEDENCE OVER PREVIOUS PROVISIONS The provisions, terms and conditions of this Contract will take precedence over any other previous understandings or agreements.
  15. AVAILABILITY OF RIGHTS: Abstaining from exercising any rights or faculties or the agreement with delays in fulfilling obligations will be considered acts of generosity, without constituting a new agreement or any change in the contractual conditions and the Parties can demand them at any time.
  16. DATA MESSAGE: For the purposes of this Contract, the validity of the Data Message is acknowledged in the contractual communications, with a probationary and functional equivalence to the paper-based documents, as long as the effectiveness of communication is observed, its integrity, authenticity and safety of the form in which they are transmitted.
  17. COMPENSATION AND PENALTY: The violation of the obligations provided in this Contract will result in the violator having the duty to compensate for losses and damages, in addition to a contractual compensatory penalty to be determined by arbitration, according to the circumstances of the case, when not determined by the express clause of this Contract.
  18. INDEPENDENCE OF PROVISIONS: CIf any clause of this Contract is judged to be invalid, null or inapplicable by any competent judge, the other clauses will remain valid and in full force, as if the invalid, null or inapplicable clause did not exist.
  19. TOLERANCE: Any tolerance between the Parties in relation to the default or non-compliance of the obligation, clause, term or condition established here, does not constitute a precedent, release from obligations, amendment to or a new Contract, which only operate through a written agreement between the parties.
  20. BOND BETWEEN THE PARTIES AND SUCCESSORS: According to the obligations provided in this Contract, the Parties, their heirs or successors, are bound, under any circumstance and at any time, irreversibly and irrevocably.
  21. APPLICABLE LAW: The present Contract will be governed by the legislation of Brazil.
  22. FORUM: The Consumer’s rights are preserved, the forum of their location takes precedence, any question or controversy resulting from the present Contract will be settled in the forum of the District of Caxias do Sul - State of Rio Grande do Sul, expressly waiving any other.

PRIVACY POLICY

SOFTWARE AND SERVICES: The Promob Software ("Software") is a computer program of the Promob’s trademark, in different versions, of the exclusive property of PROCAD, protected and regulated by the Law 9.609/98.

So that it meets its functionality, the software uses an integrated base of images, products, services and information from PROCAD’s Manufacturers, Shopkeepers, Business Partners, and Consumers. This information may be combined with others so that we improve our products and services, content and publicity.

Through our software users upload and share privacy related data, trademarks, patents, industrial designs, copyrights, among other fundamental rights. PROCAD respects these rights and diffuses good practice, being these the reasons why we publish this Privacy Policy to prior knowledge, guidance and compliance.

Our Privacy Policy includes administrative, technological and personnel procedures committed to protecting your personal or business information from misuse, theft, loss, alteration, destruction, unauthorized access and disclosure.

ADHERENCE TO PRIVACY POLICY: The use of the Software requires the prior acceptance and compliance with the Privacy Policy.

Adherence to these rules is a condition precedent to hiring and acquisition of licenses, services and integration of libraries and data on personal and commercial software. If you do not agree with the Privacy Policy, do not install the Software, return it to the place of purchase, and contact our communication channels.

The following are subjected to the Privacy Policy:

  1. PROCAD - owner and holder of the copyright on the software, protected and regulated by Law 9.609/98 and exclusive owner of the respective trademarks, with regulation by Law 9.279/96.
  2. Manufacturer: industry contractor of license and services of the Software may use it to insert data, library and information as specified on each modality of contract.
  3. Shopkeeper: retailer, franchisee, sales representative or reseller, whose establishment or point of sale uses the software for the marketing of products or services.
  4. User: A natural or juridical person who uses the Software by purchasing a license of use. Examples: employees or Manufacturers, Shopkeepers or Business Partners, architects, freelancers and students.
  5. Business Partners: companies whose products or services will be part of the Software Libraries.
  6. · Consumer: final recipient of goods or services pursuant to article 2 and sole paragraph of the Consumer Protection Code - Law 8,078 of September 11, 1990.

PRIVACY POLICY: PROCAD and Users of the Software, in order to preserve the fundamental rights and protect the data entrusted to them, must comply with the following Principles of Privacy Policy.

I – Personal and Commercial Data - constitutes of personal and commercial data: the name, marital status, nationality, social security number, ID number, address, affiliation, telephone, e-mail address, images, specifications and conditions of commercial products or services, including of financial nature like credit card data, among others informed or transmitted within the Software.

II – Obligation to Respect – Todos os Usuários, indistintamente, obrigam-se a tomar as cautelas legais para preservar esses direitos fundamentais no uso do Software, por si, seus colaboradores, representantes ou prepostos. Somente utilize materiais que respeitem esses direitos, que lhe pertençam, ou com permissão para tanto.

III - General Principles of Use of Personal Data - general principles of respect regarding privacy are image and proprietary rights to use the Software:

  1. Maintain standards of transparency and correctness in the collection and use of data.
  2. Do not disclose or share personal data to any person or entity without the prior consent of the owner.
  3. It is expressly consented the transmission of personal or business data within the functionality of the Software in order to allow its proper functioning.
  4. PROCAD may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions and policies. In the case of information relevant to its relationship with PROCAD or Software, it is not optional to opt out of receiving such communications.
  5. PROCAD shares information, including Personal information, with employees and third service providers, such as information processing, credit operations, software delivery, customer data management, customer service, research. These companies are obligated to protect their own information.
  6. To meet the demands of privacy, PROCAD has a permanent communication channel through the web portal, phone, e-mail, or communication with our employees.
  7. If the User wishes to protect certain information, it must request this providence through written notice to PROCAD for undertaking the necessary measures.
  8. The use of Software and Services admits no offense, defamation, threats, harassment, abuse, or other violation of rights.
  9. It is forbidden to use data of the web portal for purposes other than those linked to the activity of the User, being allowed access to questions, procedure, litigation, advisory or other available services.
  10. PROCAD will not be responsible for acts of Users that may jeopardize the good reputation of its products and services as well as offering violation of rights.

IV - Mandatory Disclosures - PROCAD or Users of the Software may be compelled by law or act of authority, including judicial, to reveal data or images. In such cases, being observed the legal limits and reasonableness, the disclosure should be limited and only reveal required data.

V – Disclosures Permitted - PROCAD may disclose personal information or data and combine them with others to protect and improve software products and services, content and advertising. Also, in the event of corporate restructuring, merger or sale of participation, PROCAD is authorized to transfer any and all personal or business related to the third party.

VI – Children & Adolescents - Our Clients and Users are capable people. We do not work with or get information from children or adolescents. If PROCAD becomes aware of information or personal data from children or adolescents, measures for immediate deletion will be taken.

VII - Validity - The Privacy Policy is valid for an indefinite period and may be updated upon release on the website and / or Software by PROCAD, being guaranteed the maintenance of the principles set out on section III.

VIII – Reporting Portal – The Software has a Reporting Portal, used to be based as base to this Privacy Policy.

IX – Governing Law - This Privacy Policy is governed by and construed in accordance with the laws of the Federative Republic of Brazil.

PRIVACY POLICY EUROPEAN UNION

Introduction

PROMOB SOFTWARES S.A, presents to its Subscribers, Users and other interested parties the PROMOB Privacy Policy.

The privacy and security of the data received are important to us. For this reason, we provide the present Privacy Policy, which explains the information and data that are put into the PROMOB software, the care taken with their protection, discretion, confidentiality, use, control, the purpose of the management and storage of the data received.

Our Privacy Policy respects Brazilian legislation, the right to privacy, to protect personal data and the discretion of private communications and records, which are only revealed as provided by Law.

The present Privacy Policy includes all PROMOB brand software.

The PROMOB Privacy Policy may be modified at any time. We recommend reading it periodically. PROMOB is committed to spreading good practices in the use of its software and in protecting personal data.

We hope that the present Privacy Policy helps you understand our commitment to the protection of your information.

PROMOB Software

The PROMOB Software (“Software”) is a computer program of the PROMOB brand, in different versions, the exclusive property of PROMOB, protected and regulated by Law 9.609/98 (Software Law) and Copyright Laws.

PROMOB SOFTWARES S.A. develops and markets software aimed at legal entities and/or private individuals for commercial and professional purposes.

The activities of PROMOB SOFTWARES S.A. Follow the Constitutional Principles of Free Initiative, Privacy, Economic Order, Free Trade and Economic and Technological Development, with protection of informational self-determination, freedom of expression, communication, opinion, the inviolability of privacy, private life, honor, image and defense of the natural person.

The information put into the PROMOB software and/or through the Electronic Portal of PROMOB on the internet is information included consciously, authorized and consented by the subject of the data entered, without gathering information through other means and/or electronic systems.

To implement its features, the Software uses an integrated database of images and data from products, services and information from Manufacturers, Retailers, Business Partners, with the authorization to use and release by PROMOB.

Concepts for the Present Privacy Policy

  1. Subscriber: contracting party, licensor, of the right to use PROMOB software, by creating an account with a user name and password, dependent upon the acceptance of the Terms of Use and the Privacy Policy.
  2. PROMOB: owner and holder of the copyright of the family of PROMOB software, as protected and regulated by Law 9.609/98, and exclusive ownership of the respective brands, as regulated by Law 9.279/96.
  3. User: private individual or legal entity who uses the PROMOB software for commercial and economic purposes. Examples: employees or agents of Manufacturers, Stores or Business Partners, architects, self-employed professionals and students.
  4. Business Partners: companies whose Products or Services include PROMOB software, or with whom PROMOB has a contractual agreement related to the PROMOB software.
  5. Manufacturer: Industry producer of capital and consumer goods that can use PROMOB software or provide it to Stores, Users or Business Partners.
  6. Store: retailers, franchises, commercial or resale representatives, whose establishment or point of sale uses PROMOB software to market products or services.
  7. Registration Data for Professional or Commercial Activities: consists of the qualification of private individuals or legal entities, with a professional or commercial purpose, with a company name, establishment address, electronic address, public and fiscal identification registration number. Data that aim to control the user’s license of PROMOB software and the business relationship between PROMOB and its clients.
  8. Personal Data: this is the data related to an identified or identifiable Natural Person, including identifying numbers, location data or electronic identifiers, when they are related to a Natural Person.
  9. Usage Data for operating the Software: any objects, designs, models, images, creations, financial, administrative, fiscal, accounting, production and other information that is entered in the software.
  10. Sensitive Data: personal data about racial or ethnic origin, religious convictions, political opinions, affiliation to unions or organizations of a religious, philosophical or political nature, data regarding health or sex life and genetic or biometric data.
  11. Records of access to applications: set of information regarding the date and time in which a determined internet application is used, based on a determined IP address.
  12. Management of Personal Data: Every operation completed with Personal Data, such as those that refer to the gathering, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or control of information, modification, communication, transfer, diffusion or extraction.
  13. Natural, Physical, Individual Person: A human being capable of acquiring rights and contract obligations;
  14. Data Subject: A person whose data was entered in a PROMOB electronic system or software.
  15. Consent: The data subject, a manifestation of free, specific, informed and explicit will, for which the subject of the data accepts, through a declaration or positive, unequivocal act, electronically or otherwise, that the relevant personal data are the object of specific management;

General Rules on the Data

The keeping, storage or management of data, will always take place upon consent by the Subject, or their legally established representative. The consent will be requested for the operation of the PROMOB software. Running PROMOB software will depend on the consent by the Data Subject.

The use of PROMOB software implies the acceptance of the rules of this Privacy Policy, as well as the consent to PROMOB to keep, store and manage the data.

The User/Subscriber is responsible for the data that they release and put into the PROMOB software, as well as for keeping and concealing the password to access the PROMOB software.

PROMOB will only register Registration Data for Professional or Commercial Activities and Personal Data to the extent of technical need, for the purposes of contracting, using and operating software.

The PROMOB Software do not use sensitive data.

PROMOB does not share Personal Data and Registration Data with Business Partners or third parties. The data put into the PROMOB software are stored in local files, together with the hardware that holds the installation of the licensed PROMOB software. The legal entity and/or private individual who uses the PROMOB software for professional or commercial purposes should take all safety and protection measures regarding the data put in, according to the applicable local legislation.

Inputting Data

The data necessary to operate PROMOB software are put in consciously and the User/Subscriber consents to it in the act of registering in the PROMOB Portal, and/or, in the activation of the software for operation.

There will be no data capture by third parties and/or by other electronic means.

Administration of Registration Data for Professional or Commercial Activities

The data provided to PROMOB will be used exclusively for the operation of the PROMOB software, during the time necessary and to establish the legal/commercial relation between the parties, in order to enable procedures of collection, through the bank or credit card, control of software updates, protection of the software copyright, consulting registrations of credit restrictions and for legal actions resulting from the user’s license contract of the PROMOB software.

The data provided by PROMOB Users are not the same data that can be provided by the Natural Person to the Users/Subscribers of the PROMOB software. The data of the Natural Person will be stored and managed, when necessary, by the Users/Subscribers of the licenses of the PROMOB software.

Whenever User/Subscriber data is included in the PROMOB software, the following will be observed:

  1. Consent by the Subject: The consent to use the data provided will be required;
  2. Purpose and need: The purpose of using the data entered is for commercial registration, control of the user’s license for the PROMOB software, payment control, Copyright control of the software, evaluation of credit and payments of financial obligations.
  3. Quality of data: Request of documents and periodic revisions with the purpose of keeping the information provided by the Users/Subscribers up to date;
  4. Duration of Management: They will remain recorded for an indefinite period, to record the history of operations between the contracting parties.
  5. Portability: The data entered can be used between companies of the same PROMOB group. Data by third parties will not be portable.
  6. Confidentiality: The data received will be treated as confidential.
  7. Security: PROMOB will adopt security systems against the inviolability of data. However, illegal attacks will be excluded from its responsibility.
  8. Proof of records: PROMOB will use records of the information transmitted by the Users/Subscribers to PROMOB.
  9. Access to data: The Users/Subscribers will have access to their data, through the login and password for the PROMOB Portal.
  10. Data Correction: The User/Subscriber can correct the data provided whenever necessary. In this case, a new consent will be requested for the new data provided.
Management of Personal Data from Natural Persons:

The Users/Subscribers of PROMOB software licenses should treat the data received from Natural Persons in good faith, according to the purpose, appropriateness, accuracy, clarity of their need for use, enabling a facilitated consultation, security, transparency, prevention and without discrimination.

The data of Natural Persons, when entered by the Users/Subscribers into the PROMOB software, will include: gathering the name, last name, marital status, profession, residential address, professional address, email address, telephone for contact, registration number in the organization and public departments of identification of Natural Persons, tax identification number, information and details of the project regarding the contract that the Natural Person will be celebrating with the PROMOB User/Subscriber.

PROMOB will require, through the electronic system, protection procedures, request for consent in the treatment of personal data, control, security, purpose, confidentiality, destination and proof of records of the data of the Natural Person received by the Users/Subscribers of the PROMOB License.

Whenever data from a natural person is included by the User/Subscriber in the PROMOB software, the following will be observed:

  1. Consent by the Subject: The Consent to use the data provided will be required;
  2. Purpose and need: The purpose of the use of the data entered is to execute a contract that links the data subject to the User/Subscriber of the PROMOB Licenses, with the specific purpose of their personal and professional identification, their residential address and/or the delivery of products and services acquired by the User/Subscriber of the PROMOB Licenses, the form of payment and conditions, verification of existing credit restrictions, inclusion of electronic addresses for information, digital communications and marketing, determination of the quality of the data provided, through electronic mechanisms and to make updates for the purposes of data quality, with the purpose of presenting to the Natural Persons the best products and services available and of interest to the holder of the data.
  3. Control: The data will be treated with security, confidentiality and prevention.
  4. Quality of data: Request for documents and periodic revisions with the purpose of keeping the information provided by the Natural Person up to date.
  5. Duration of Management: They will remain recorded for an indefinite period, to record the history of operations between the contracting parties.
  6. Confidentiality: The data received will be treated as confidential.
  7. Security: PROMOB will adopt security systems against the inviolability of data. However, illegal attacks will be excluded from its responsibility.
  8. Proof of records: PROMOB will make records of the information transmitted by the Users to PROMOB.
  9. Access to data: Access to the data will be facilitated when requested by the subject, in order to avoid fraud and the misuse of third party data.
  10. Data Correction: By requesting of the data subject, and/or through the occasional update request.

Consent to Data Management

The consent to the management of Registration Data is formalized through an electronic declaration of acceptance and authorization of use for the purpose described above.

The Subscriber and/or User expresses their consent to the Management of Personal Data by PROMOB, who is responsible for it in an environment with adequate standards of security and confidentiality according to the applicable legislation, as provided in the portal www.promob.com.

A natural person should provide their consent, through an electronic declaration, unequivocally, so that it is possible to celebrate the legal relationship between the User/Subscriber of the License of the PROMOB Software and the subject of the data.

Access to the Registration Data for Professional and/or Commercial Activities

PROMOB will provide to the Users/Subscribers full access to their Registration Data for Professional or Commercial Activities. For the sake of accuracy and quality of the data provided, PROMOB may request proof of the information provided by the User/Subscriber.

Access to the Personal Data of a Natural Person

Given the local storage system of personal data, PROMOB will not have access to the data provided by Natural Persons to Users of the User’s Licenses of the PROMOB Software. The Users should provide a way for the Natural Person to have access to their personal data.

In the case of creating a system for storing and managing the personal data of Natural Persons with PROMOB, the system of inclusion and registration will depend on the formal consent of the Natural Person.

The consent to manage the personal data will be considered a condition for providing the product or service provided by the User/Subscribers of the PROMOB Licenses.

Third-Party Sites/Services

Some of our PROMOB software may include directing to sites or services from third parties who are not part of the PROMOB group, its affiliates or subsidiaries, nor are they Business Partners. In this case, PROMOB will remain free of any interference or responsibility over the form of access, keeping, management, sharing or other uses that these third parties may do with the collected data.

Communication and Marketing Email

The use of electronic mail is a form of communication between PROMOB, its Users / Subscribers and Natural Persons. Given the responsibility of information and transparency, our system of sending email will have the exclusive purpose of communication about the use of Licenses for PROMOB Software, commercial needs between PROMOB and Users, requests to read updates of the software, expiration dates for user’s licenses, request to read and consent to updates to the Privacy Policy and marketing communications.

PROMOB may use the data accessed to notify or offer new PROMOB products and services, or those of its subsidiaries, affiliates or Business Partners.

Absence of Sharing Data

PROMOB does not share / give Personal Data or Registration Data, whether for payment or free of charge, to unidentified third parties in this Privacy Policy.

Channel for Complaints and PROMOB Contact

PROMOB has a channel for complaints with an automated procedure for registering alleged illegal activities and inappropriate use in the scope of its software and services, which will be evaluated and the appropriate measures will be taken within the rules of the legislation in effect and technical possibilities.

Consult the site: www.promob.com

PROMOB SOFTWARES S.A

Rua Dos Jacarandás, 225, Bairros Cinquentenário

Caxias do Sul, RS, Brasil

Zip code 95012-280

Applicable Legislation

This Privacy Policy is governed and interpreted according to the laws of the Federative Republic of Brazil.