ACCEPTANCE OF TERMS OF USE AND PRIVACY POLICY
These SOFTWARE TERMS of USE and PRIVACY POLICY constitute an agreement between the user/subscriber and DGT TECNOLOGIA LTDA (DGT”), a company duly incorporated and registered in Brazil, bearing the corporate name DGT TECNOLOGIA LTDA., a legal entity governed by private law, headquartered at rua Evaristo José Fernandes, no 121 – Rincão dos Ilhéus – Estância Velha/RS, registered with the CNPJ under No. 08.482.495/0001-44, dedicated to operations in the technology segment and legal owner of the Bridgefy software, the product covered by this instrument.
1. DEFINITIONS
In order to facilitate the understanding of this document, the terms described below shall have the following meaning:
When accessing DGT websites and searching for the product, in order to proceed with registration for use, whether on a partial, trial or temporary basis, this digital instrument shall appear and, at the end of the text, called SOFTWARE TERMS OF USE and PRIVACY POLICY, the options to “I accept” and “I do not accept” shall also appear. By clicking on “I accept”, the potential user/subscriber expresses their agreement with
these terms and conditions (“Terms of Use and Privacy Policy”) in their entirety.
In order to properly “accept”, the user/subscriber, whether an individual or legal entity, must fill in their registration details for registration purposes. Failure to do so shall result in you not being allowed access to the services.
If the user/subscriber does not agree with any of these terms, they shall not make use of the “Service”.
Regarding their legal capacity to accept the Terms of Use and Privacy Policy, the user/subscriber declares to be over 18 (eighteen) years of age or an emancipated minor, or to be in possession of legal authorization from their parents or guardians, as well as to be fully capable of consenting to the terms, conditions, obligations, affirmations, representations and guarantees found in these Terms of Use and Privacy Policy, in addition to abiding by and complying with them. Inappropriate use by minors or people who are, in any capacity, deemed legally incapable shall be the responsibilityof their legal guardians, as they have in some way allowed such legally incapable person to access the website without any restrictions.
If acts are performed on behalf of a given company, the employee responsible for access and registration declares to DGT that they have the authority to bind the company and that their acceptance of these Terms of Use and Privacy shall be treated as acceptance by that company, as per the registration carried out for the “Service”.
By using the “Service”, even on a partial or on a test basis, the user/subscriber shall be bound by these “TERMS”, agreeing to their provisions, mainly with regard to CONSENT FOR ACCESS, COLLECTION, USE, STORAGE, PROCESSING AND PROTECTION TECHNIQUES, allowing DGT, in this case, the use of such collected data, deemed necessary for the full execution of the functionalities offered within the scope of the “Service”.
2. BRIDGEFY (SOFTWARE) DESCRIPTION:
These Terms of Use and Privacy Policy apply to all Vision Safe Way users, including users who also contribute with Software Content. The term “Content” includes text, programs, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you may view, access, or contribute to the
Software. The Software includes all DGT aspects, including but not limited to all products, programs and services provided by DGT and other applications.
Main Features:
The user/subscriber declares, under penalty of law, their full responsibility for any materials, including but not limited to graphic, photographic and video data provided to DGT or published on the Internet using DGT, these being subject to copyright, the local regulations of the country of use or international regulations.
The Software may contain links that direct you to third-party websites that are not owned or controlled by DGT. DGT has no control over, and assumes no responsibility for, the content, privacy policies or practices with regard to any Third-Party Software.
By using the website, you expressly release DGT from any liability arising from your use of any Third-Party Software. Therefore, we advise you to exercise common sense when using the website as well as to read the terms and conditions and privacy policy of all other websites you may visit.
The user/subscriber also understands and agrees that the Software may include
certain communications from DGT, such as service alerts, administrative messages, changes, these communications being considered part of the system provided by DGT. The user/subscriber may not opt out of receiving them, as set forth in the privacy policy. Unless explicitly stated otherwise, any new features that expand or enhance the current Software shall be subject to the Terms of Use. User/Subscriber understands and agrees that the Software is provided “as is” and that DGT assumes no responsibility for the timing, deletion, improper delivery or failure to store any user
customization or communication settings. The user/subscriber is responsible for obtaining access to the Software and such access may involve third party fees (such as the ones charged by your Internet service provider). The user/subscriber is responsible for such fees, including fees associated with the website. In addition, the user/subscriber must provide and is responsible for all equipment necessary to access the website.
As this involves monitoring through cameras and other necessary equipment, the user/subscriber is responsible for acquiring and paying for these products, and may not acquire products that are not of lawful origin and are not approved by competent regulatory bodies.
Under no circumstances shall the storage and transmission of pornographic material, political material, or any material that alludes to racism of any kind be allowed on any DGT website, including this one. Should this occur, such material shall be deleted without prior notice as soon as it is identified, access to the website shall be suspended, and the incident shall be reported to the competent authorities.
The user/subscriber acknowledges that the service may only be used for lawful purposes and within the scope of specific purpose. Any information including but not limited to graphics, images, photographs and/or text in violation of any international regulations, including but not limited to material that is characterized as obscene, indecent, deemed illegal, threatening, harmful (including any transfer of computer viruses), copyrighted and/or a trade secret, is prohibited, whether or not the customer was aware of the content, material and/or the laws pertaining to the material in question.
DGT reserves the right to limit the transfer of data, if necessary, for whatever reason.
The user/subscriber acknowledges that they shall be solely responsible for any violation of international laws and treaties, as well as Brazilian laws concerning such violation, with regard to the remote uploading of information of any kind to servers/computers, for viewing or downloading purposes, or by third parties. DGT shall retain the right to suspend and/or terminate any remote service that it deems to be in violation of Brazilian regulations and International Law or that is characterized as harmful, threatening in nature or deemed to include, but not limited to, material that is
characterized as obscene, indecent, libelous and/or in violation of copyright and/or any international laws or regulations.
3. REGISTRATION OBLIGATIONS
Regarding the use of the website, the user/subscriber represents that they are of legal age or emancipated, are not subject to any legal incapacity order or similar decision, are legally capable of entering into a binding agreement, and are not barred from receiving services under the applicable jurisdiction.
The user/subscriber also agrees to: (a) provide true, accurate, up-to-date and complete personal information, as requested or otherwise provided in forms (“Registration Information”), and (b) maintain and promptly update the Registration Information so that it is always true, accurate, up-to-date and complete. Should any information that is untrue, inaccurate, not up-to-date or incomplete be provided, or if DGT has reason to believe that such information is untrue, inaccurate, not up-to-date or incomplete, DGT has the right to suspend or terminate the account and refuse any
current or future use of the Software (or any part thereof).
4. ACCOUNT, PASSWORD AND SECURITY
The user/subscriber shall receive a password and account name after completing the registration process, which may be changed by the user/subscriber, as well as the additional users indicated by the user responsible for the registration.
The user/subscriber is responsible for keeping the confidential nature of the password and account, being fully responsible for all activities that may occur involving their password or account, which is personal and non-transferable. Any misuse by third parties shall be the sole responsibility of the user, regardless of how the account came to be used by third parties, including hackers.
The user must formally notify DGT at once of any unauthorized use of their password or account or any other breach of security, as well as ensure that they log out of their account at the end of each session. DGT cannot and shall not be held liable for any loss or damage arising from failure to comply with this Section 5.
5. USER’S/SUBSCRIBER’S CONDUCT
The user/subscriber understands that all information, data, text, videos, photographs, graphics, messages, tags or other materials, published or transmitted privately, are the sole responsibility of the person from whom such content originated. This means that the user, and not DGT, is entirely responsible for all content that they upload, post, transmit or otherwise make available through the website. It is understood that, by using the website, the user/subscriber may be exposed to confidential content.
User/Subscriber agrees not to use the Service to:
6. PRICE AND PAYMENT METHOD
The user/subscriber shall pay DGT the setup fee (“Setup”) and a subscription amount according to the chosen plan and the frequency defined among the payment method options available at the time of contracting (“Subscription”). Moreover, the user may purchase additional features that shall be charged during the time in which they are available.
Failure to pay any amounts on their respective due dates shall not result in the automatic termination of these Terms, but shall result in the suspension of access to the Software until such payment issued are resolved. Access to the Service shall be reestablished after DGT identifies full payment of all amounts due while the Service was suspended. This period depends on the payment method and the respective payment clearing. Should the user/subscriber fail to resolve the payment issue within 30 (thirty) days after the due date of the unpaid amount, DGT reserves the right to
terminate these Terms and permanently and irrecoverably delete all information stored on the website, without additional prior notice.
The Setup and monthly Subscription fees include taxes. Should new taxes be created and/or there be an increase in rates, the Setup and/or Subscription fees shall be adjusted to account for such increases insofar as such taxes begin to be levied on DGT’s revenue.
Depending on the plan contracted by the user, DGT shall maintain a backup copy of the Content according to the frequency defined in the contract. Once the contracted backup frequency limit has been reached or even in the event of termination or rescission of these Terms, DGT shall delete all Content from its database and shall not be able to recover it. DGT shall only keep the data necessary for the purposes of legally attesting the relationship between the parties, for a period no longer than necessary.
7. CONTRIBUTIONS TO DGT
By sending ideas, suggestions and/or proposals to DGT through its pages or suggestion or feedback emails, the user/subscriber acknowledges and agrees that: a) Their Contributions do not contain confidential or proprietary information; b) DGT is not under any obligation of confidentiality, whether express or implied, with regard to the Contributions; c) DGT shall have the right to use or disclose (or choose not to use or disclose) such Contributions for any given purpose, in given any form, in any media worldwide; d) DGT may have something similar to the Contributions either already under consideration or in development; e) Their Contributions automatically become the property of DGT without any obligation from DGT to the user, including financial obligations.
8. INDEMNIFICATION
The user/subscriber agrees to indemnify and hold DGT and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including with regard to reasonable attorney’s fees, made by any third party due to or arising from any Content they submit, post, transmit or make available, their use of the website, their connection to it, their violation of the Terms of Use or their violation of any third-party rights.
9. MODIFICATION AND DISCONTINUATION OF SERVICE BY DGT
DGT reserves the right, at any given time and from time to time, to modify or discontinue, either temporarily or permanently, the Service (or any part thereof) with or without proper notice. The user/subscriber agrees that DGT shall not be liable to the user or any third party for any modification, suspension or discontinuation of the Service.
The user/subscriber agrees that DGT may, under certain circumstances and without prior notice, immediately terminate their DGT account due to: a) Violations of the Terms of Use, privacy policy or other incorporated agreements or guidelines; b) Requests made by law enforcement authorities or other government agencies; c) Request made by the user/subscriber for deletion of activated accounts; d) Discontinuation or material modification of the Service (or any part thereof); e) Unexpected technical or security issues; f) Extended periods of inactivity; g) Participation by the user/subscriber in fraudulent or illegal activities; h) User’s/subscriber’s failure to make payment of any fees due in connection with the services.
Termination of DGT account includes: a) Removal of access; b) Deletion of password and all related information associated with or within the account (or any part thereof); c) Restrictions on the use of the service.
10. DGT PROPERTY RIGHTS
The user/subscriber acknowledges and agrees that the Software contains proprietary and confidential information that is protected by applicable intellectual property laws as well as by other laws. The user/subscriber further acknowledges and agrees that the Content found therein is protected by patents or other proprietary rights and laws.
Except as expressly permitted by applicable law or authorized by DGT, the user/subscriber may not modify, rent, lease, loan, sell, distribute in any way or create derivative works based on the website, whether in whole or in part, except by court order.
DGT grants the user/subscriber the right to 5 (five) usage licenses; they are not allowed to use any means or form of granting access to any user not authorized by DGT, and they are also expressly prohibited to modify, create a derivative work, reverse engineer, reverse assemble or attempt to detect any source code of the website. The user/subscriber may not modify the Software in any shape or form, nor use modified versions of the website, including (but not limited to) for the purpose of obtaining unauthorized access to the website. They further agree not to access the Software by
any means other than through the interface provided by DGT to use or access the website.
11. WAIVER OF WARRANTIES
The user/subscriber expressly understands and accepts that: the use of the Software is at their own risk. The Software is provided “as is” and “as available”. DGT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied merchantability, fitness for a particular purpose and non-infringement warranties.
DGT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors do not guarantee that: i) the service shall meet the user’s/subscriber’s requirements; ii) the service shall be secure or error-free; iii) the results that may be obtained from the use of the Software shall be accurate or reliable; iv) any errors in the Software shall be remedied.
Any material otherwise obtained through the use of the Software is accessed at the user’s/subscriber’s own discretion and risk, and they shall be responsible for any damage to their computer system or loss of data that results from the download of any such material.
No notice or information, whether verbal or written, obtained by the user/subscriber from DGT or through or from the website shall give rise to any warranty not expressly stated in the terms of use.
12. LIMITATION OF LIABILITY
The user/subscriber expressly understands and agrees that DGT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, data or other intangible losses (even if
DGT has been advised of the possibility of such damages) resulting from: i) the use of the inability to use the service; ii) the cost of contracts for substitute goods and services resulting from any goods, data, information or services acquired or obtained, messages received or transactions entered into through or from the website; iii) unauthorized access to or alteration of the user’s/subscriber’s transmissions or data.
Any compensation made by DGT to the user/subscriber under these terms shall be limited to 3 (three) times the amount of the last subscription paid, and only due to the user who carried out the registration.
13. NOTICE
DGT may provide notices, including notices regarding changes to the Terms of Use and Privacy Policy, among others, via email, regular mail, postings in the Software or other reasonable means currently known or hereinafter developed.
14. TRADEMARK INFORMATION
The DGT name, logo, trademarks and service marks, as well as other service names, are trademarks of DGT. Without prior authorization from DGT, the user may not display or use DGT trademarks in any way whatsoever without the prior knowledge of the holder.
15. NOTICE AND PROCEDURE FOR MAKING COPYRIGHT OR INTELLECTUAL
PROPERTY RIGHT COMPLAINTS
DGT respects the intellectual property of third parties and we ask our users, under penalty of civil and criminal liability, to do the same. DGT may, in appropriate circumstances and at its own discretion, disable and/or terminate the accounts of users/subscribers who may be repeat offenders.
The Terms of Use constitute the entire agreement between users and DGT, superseding any prior agreements between users and DGT in relation to the website. Where local laws conflict with these DGT Terms of Use and Privacy Policy, the terms shall be governed by applicable local laws.
16. CHOICE OF APPLICABLE LAW AND JURISDICTION
The Terms of Use and Privacy Policy, as well as the relationship between the user/subscriber and DGT, shall be governed by Brazilian law, without regard to any conflicts of law provision. The user and DGT agree to submit to the personal and exclusive jurisdiction of the courts of the judicial district of Estância Velha/RS to resolve any conflicts with regard to this instrument. Should any provision of the Terms of Use be found by a court with competent jurisdiction to be invalid, the parties nonetheless agree that the court should endeavor to give effect to the intentions found in written form, as reflected in the provision, with the remaining provisions of the Terms of Use remaining in full force and effect.
17. WAIVER AND SEVERABILITY OF TERMS
DGT’s failure to enforce or non-enforcement of any right or provision of the Terms of Use does not constitute a waiver of such right or provision.
18. VIOLATION
Please report any violations of the Terms of Use to customer service at dgt.com.br.
19. SECURITY POLICY STATEMENT
We understand that operational integrity and stability are important to our users/subscribers and partners. Our goal is to make sure that our systems are protected from unauthorized use and remain accessible 98% (ninety-eight percent) of the time.
In order to report a security issue, please contact us at dgt.com.br if you believe you have identified a security issue or concern.
PART II: PRIVACY POLICY
In order to facilitate the understanding of this document, the terms described below shall have the following meaning:
DGT Tecnologia Ltda. (“DGT”) works incessantly to protect users/subscribers and their information. In order to guarantee the security, integrity, availability and confidentiality of your data, we follow the highest international and national security standards, in accordance with best market practices and current legislation, in particular Law No.
13,709/2018 (General Data Protection Law or “LGPD”) and Law No. 12,965/2014 (Civil Rights Framework for the Internet or “MCI”).
In order to establish a relationship of trust with the user/subscriber and to fulfill our mission, we hereby present this Privacy Policy, which describes the guidelines adopted by DGT to process data that identifies or may identify an individual (“Personal Data”), from its collection and processing until its elimination.
We inform below the types of information we collect in order to perform our Services:
TYPES OF DATA PROCESSED AND REASON FOR PROCESSING
The data processed by Bridgefy is stored on cloud servers, observing legal requirements and best market practices in terms of security and privacy, ensuring the integrity and protection of your Personal Data.
Additionally, we may keep your Personal Data during the term of our commercial, contractual or legal relationship in order to comply with legal or regulatory obligations or for the regular exercise of our rights in any legal, administrative or arbitration proceedings.
DGT may share your Personal Data with third parties, within the limits of applicable legislation. Such data sharing may be carried out with:
DGT observes all requirements set forth in current legislation and carefully selects partners that adopt the best security and privacy practices in order to guarantee the integrity and confidentiality of your Personal Data. In all cases, DGT values the privacy of its Users and adopts appropriate precautions to minimize the amount and sensitivity of the information shared, as well as to reduce, within the limits of its control, any risks of unauthorized access and any form of inappropriate or illicit processing.
In order to fulfill the Services, we may transfer your data abroad, such as in situations where such transfer is deemed necessary to store data on servers located outside the national territory. This includes cloud computing servers, which follow international standards for Personal Data processing and security.
It is important to note that the DGT always seeks to observe the same level of protection guaranteed by the LGPD when it comes to your information, ensuring a high level of security when storing information and seeking to enter into agreement that observe the terms of this Privacy Policy. By agreeing to this Policy, the user/subscriber declares to be aware that the processing of their Personal Data may occur outside Brazilian territory.
On specific occasions, and whenever relevant, DGT may collect your specific and special consent for a given transfer, with prior information about the international nature of the operation and making this purpose stand out from any other existing processing purposes.
The user/subscriber has the following rights, as provided for in the LGPD:
DGT provides the dgt.com.br communication channel so that users/subscribers can exercise their rights as Personal Data subjects. We highlight that these rights must be expressly requested by the user/subscriber or their legal representative, and DGT shall employ its best efforts to verify their identity and comply with their request.
In case of a request to access images captured by Bridgefy, DGT clarifies that it follows an internal policy for providing images and information, adhering to the provisions set forth in the data protection legislation currently in force.
All requests for the provision of images and information received by the DGT follow a specific internal protocol, which observes the data protection legislation currently in force.
Our website may use cookies and/or similar technologies to store small amounts of
data in relation to your visit to the platform.
Cookies are a standard platform feature that allow small amounts of data to be stored
on your computer or mobile device during your visit. They help us understand, for
instance, which areas are most useful to a specific user/subscriber and which ones
need improvement.
The user/subscriber may choose to accept the use of cookies and similar technologies
by changing their browser settings. However, if you choose to disable them, your
experience on the website may be affected and some features may not work as
expected.
DGT shall use the available channels to inform you about relevant changes to and the latest version of this Privacy Policy. However, we recommend that data subjects regularly check this Policy in order to always be up to date with the rules applicable to the processing of Personal Data as carried out by DGT.
This Privacy Policy does not cover third-party websites and services, considered external environments over which the DGT does not exercise any control or interference.
In order to clarify any questions regarding this Policy or the processing operations in connection with your Personal Data as carried out by DGT, as well as to exercise your legally guaranteed rights, you may contact our data protection officer (DPO) via emailat compliance@dgt.com.br.
This Privacy Policy is governed by Brazilian law. Any dispute related to the website, the Privacy Policy or its content must be submitted to the Judiciary, the courts of the judicial district of Estância Velha, State of Rio Grande do Sul, being hereby chosen as the competent ones to rule on these matters.
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