01 – Purpose of the Terms of Use:
1.1 – These Terms of Use and the attached Privacy Policy are applicable to all Crédito Social Websites and mobile apps and to all who access our Websites and mobile apps.
1.2 -When accessing the Websites and mobile apps, the User expressly accepts and agrees with all the provisions of these Terms of Use and Privacy Policy for all Crédito Social Websites and mobile apps. As a result, the User must carefully read these Terms of Use before using the Crédito Social Websites and mobile apps. If the User does not agree with the Terms of Use, the User must not use Crédito Social Websites or mobile apps.
1.3 – The Crédito Social Website and mobile apps and are offered by Crédito Social.
1.4 – If you have any questions about the Terms of Use and or the Privacy Policy, we recommend that you contact Crédito Social through the email contato@creditosocial.net or the mobile app / Website chat before accepting them
02 – Changes to the Terms of Use or Privacy Policy:
2.1 – Crédito Social may change these Terms of Use or the Privacy Policy at any time for legal reasons, for the use of new technologies and features or whenever Crédito Social, at its own discretion, understands that changes are necessary.
2.2 – Any changes to the Terms of Use and Privacy Policy will be communicated to the User through the email informed by him or her at the time of registration and published on the Website and the mobile app, the User being responsible for analyzing such changes.
2.3 – The changes will take effect 15 (fifteen) days after their publication on the platform either on the mobile app or on the Website. The User understands and agrees that, after this period, the use of the Website and the mobile app will be subjected to the updated version of the Terms of Use and the Privacy Policy.
2.4 – By continuing to access our Website or mobile apps after the changes, which will be posted on the Website and mobile apps, the User expressly agrees to the changes as well.
2.5 – If the User does not agree with the modifications, we recommend that he request the deletion of his Crédito Social Account and discontinue the use of the Website and mobile apps.
03 – Glossary:
3.1 – To make reading easier, certain words / terms have the first letter written in capital letters. Whenever this occurs in the Terms of Use and Privacy Policy, that word / term has
the meaning indicated below.:
| “App or Mobile App “ | means the Crédito Social mobile application adapted and developed for operation on a mobile phone, tablet or any other mobile device |
| “Anonymization” | means the use of reasonable and available technical means at the time of data processing, whereby data is no longer associated with a specific User. |
| “Crédito Social Account” | means the User access account to Crédito Social. |
| “Contents” | means any and all information made available by or through the Webite and / or the Mobile App, such as texts, data, software, images, videos, audios, interactive resources, including the source codes used to display such content, such as those in HTML language , CSS, PHP, among others |
| “Credit Score” | means the result of a statistical calculation with the objective of helping users and financial institutions to carry out credit deals with lower cost and greater agility. It is a method that uses public information available in the database of companies that analyze credit, legally collected and also the information shared by Users with Crédito Social. |
| “Financial Data” | are the User’s data that details, in a specific and personal way, financial data – which can be collected from his or her connected account (s), automatically by the Software or manually entered by the User in his or her Crédito Social Account – including, without limitation, information related to transactions, expenses, income, nature and category of his or her expenses, overdraft, credit, loans, investments, among other data of a kind that may be relevant to the User. |
| “Personal data” | means any User data that in any way allows identification, such as, but not limited to, full name, Individual Taxpayers Register (CPF), ID number, address, telephone number and e-mail address. |
| “Purpose” | means the processing of data for purposes informed to the User. |
| “Partners” | are financial institutions, bank correspondents, insurance companies, brokers, advertisers of financial or non-financial products, among others, that maintain a partnership contractual relationship with Crédito Social. |
| “Privacy Policy” | means the privacy policy, attached to the Terms of Use, which governs the provisions on the use of User data by Crédito Social and which is available at the link: www.creditosocial.net |
| “Website” | means the website address www.creditosocial.net or any other that may replace it. |
| “Software” | means the proprietary software of Crédito Social through which the User Data will be automatically copied and updated, as well as all the data collected in an automated way will be managed and handle. |
| “Treatment” | means any operation carried out with personal data, such as those referring to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or control of information, modification, communication, transfer, diffusion or extraction. |
| “User” | means a natural person, with full capacity to contract, who accesses the Website and / or the Mobile App and performs his or her personal registration to use the functionalities offered by Crédito Social, expressly accepting the Terms of Use and the Privacy Policy. Crédito Social may refer to the User as “you”. |
04 – Use of the Mobile App / Website by the User:
4.1 – Crédito Social Websites and Mobile Apps have an open content and a restricted content areas. In order to use the Crédito Social Mobile App or Website, the User must perform his registration, an act by which he will provide Crédito Social with his Personal Data, in addition to the username (“Login”) and password that must be used to access the Crédito Social Account only by the User.
4.2 – The password and the Login created by the User to access the Crédito Social Account are confidential and the exclusive responsibility of the User.
4.3 – The User understands that anyone who has the fingerprint or face registered for use of his or her smartphone or tablet may have access to the logged part of the Crédito Social Mobile Apps, if the User enables access with Touch ID, Face ID or Fingerprint. The User is responsible for the fingerprint or face registered on his smartphone or tablet, including for disabling this function to access the Mobile Apps.
05 – Restrictions on the Use of the Mobile App / Website by the User
5.1 – The User may not use the Website or the Mobile App to:
Purpose other than that for which it was made available by Crédito Social;
To practice any illegal act, to violate the current legislation; violate Crédito Social and / or third party rights; disclose information in any way that may imply a violation of applicable rules in Brazil, of good morals, including, without limitation, the violation of intellectual, copyright and privacy rights, or the production and dissemination of illegal, immoral, inappropriate or offensive
content;
Reproduce, copy, assign, modify, reverse engineer, compile, decompile, transmit, publish, sublicense, rent, sell, commercialize, distribute, or, in any other way, use any functionality, Content, Software or material made available by through the Mobile App or Website in a manner not permitted in these Terms of Use or the Privacy Policy;
Perform any acts that harm or may harm Crédito Social, to any Crédito Social Website, Mobile App or equipment, to other Users or third parties, including but not limited to (i) the use of software, techniques and / or artifices such as exploits, spamming, looding, spoofing, crashing, root kits, or other means; or (ii) the publication or transmission by means of a file containing viruses, trojans, malware, worm, bot, backdoor, spyware, rootkit, or any other contaminating or destructive program, or by any other means for this purpose, which in any way may interfere with the proper functioning of the Website, the Mobile App or the Software, or use it improperly for harmful, illegal or unauthorized practices;
Improperly disclose, use or modify the data of other Users.
Upload, send or transmit any erotic, pornographic, obscene, libelous, defamatory, physical or moral violence content, condoning crime, using drugs, drinking alcohol or smoking products, as well as promoting or inciting hatred, illegal activities, prejudice or any other form of discrimination for any reason;
Use any automated system / application to carry out consultations, accesses or any other mass operation, for any purpose, without authorization from Crédito Social .
06 – User Responsibilities:
6.1 – The User is responsible:
for the veracity, validity and precision of the data provided by him or her in his or her registration, and must keep them updated.
for all your actions or omissions performed on our Websites or Mobile Apps ;
for the content sent and / or transmitted on the Websites or Mobile Apps, including as to not infringe the rights of third parties; and
for the repair of damages caused to Crédito Social, third parties or other Users, from their access and use of our Websites and Mobile Apps.
07 – Crédito Social Responsibilities:
7.1 – Crédito Social is responsible and guarantees that:
does not share any Personal or Financial Data of the User with third parties without the User’s consent;
maintains transparency about how data is used;
securely collects, uses, stores and processes data.
7.2 – O Crédito Social is not responsible:
for the services or products offered by Partners or any third parties, including with regard to their availability, quality, quantity, essential characteristics, offers, prices, validity of the offer, forms of payment or any other elements relating thereto;
for any losses suffered by Users due to decision-making based on the information made available on the Website or Mobile App;
for any losses suffered by the Users due to failures in the computer system or in the servers that are independent of the fault of the Crédito Social, or in its connectivity to the Internet in general, and the User must maintain, at his expense, a telecommunication line, modem , communication software, e-mail address and other resources necessary to communicate with the Crédito Social;
for damages caused by hackers and / or programs / codes harmful to the Software, such as, but not limited to viruses, worms, denial of service attacks;
e) for products and / or services offered by Partners;
for the authenticity, validity and accuracy of data provided by Users and / or collected on the platforms of financial institutions;
due to unavailability and technical failures of the Websites and Mobile Apps system;
for content sent and / or transmitted by Users and / or third parties.
7.3 – In no case will Crédito Social be liable for direct or indirect damages suffered by the User, including, without limitation, losses due to loss of profit, failure to transmit or receive data, non-continuity of the business or any other commercial loss, arising or related the use of the Mobile App, Website, Software or Content by the User.
7.4 – The services or products offered by Crédito Social do not propose, generate, constitute or guarantee any end or result obligations to Users, including, but not limited to obtaining loans or financial support, or of any kind.
08 – Intellectual Property:
8.1 – The User does not acquire, through these Terms of Use or the Privacy Policy, any intellectual property rights or other exclusive rights, including patents, designs, databases, brands, copyrights or rights to confidential information or business secrets , on or related to the Software, the Application and / or the Site, which are the sole property of Crédito Social.
8.2 – If the User develops a new module or product that features a copy, in whole or in part, either from the data dictionary or from the program, it will be considered as part of
the Software, therefore, its ownership will be incorporated by Crédito Social and its use conditioned on these Terms of Use.
8.3 – The User will be able to keep a copy of the information, spreadsheets and graphs made available through the Site as long as for personal and non-marketable use. Any use of this material and / or the Content of the Website and / or Mobile App, in whole or in part, other than for the User’s personal use, in accordance with these Terms of Use, without prior written consent from Crédito Social, is expressly prohibited.
8.4 – Any and all Content made available on the Website and / or the Mobile App, such as, but not limited to, texts, graphics, images, logos, icons, editorial content, notifications, software and any other material, belong exclusively to Crédito Social and are protected by Brazilian law with respect to intellectual property and copyright.
8.5 – These Terms of Use grant the User a personal, worldwide, revocable, non-exclusive and non-transferable license to use the Software without royalty charges. The use of the Software by the User is personal and non-transferable, solely for lawful purposes related to the purpose for which the Website and the Mobile App are intended, in accordance with these Terms of Use. In no event, the User will have access to the source code of the Software now licensed, as this is the property of the Crédito Social.
09 – Disclaimer of Warranties:
9.1 – Crédito Social is not responsible for any financial decision made by the User based on the information obtained through the use of the Software, including, without limitation, any decision made using any incorrect / outdated information provided by Crédito Social.
9.2 – Crédito Social does not guarantee that:
the functions contained in the Mobile App or WebsSite meet the needs of the User;
the operation of the Mobile App or Website will be uninterrupted or error-free;
any functionality will remain available;
defects in the Mobile App or Website will be corrected; or
the Mobile App or Website will be compatible with or work with any third party software, applications or services..
9.3 – Crédito Social will do everything possible to keep the collected data always safe, including, it will adopt security and protection measures compatible with the nature of the collected, used and stored data, as foreseen in the Privacy Policy.
9.4 – However, Crédito Social does not guarantee that such security measures are free from errors or that they are not subject to interference from third parties, such as hackers, among others.
10 – Indemnity:
10.1 – The User agrees to defend, indemnify and hold harmless Crédito Social and its affiliates, directors, employees and agents, from and against any charges, actions or claims, including, but not limited to reasonable attorneys’ fees, resulting:
from your possible misuse of the Website, the Mobile App, the Software and / or the Content; or
from the violation of the conditions now agreed.
11 – Suspension or Termination of Access:
11.1 – Crédito Social may, at its sole discretion, at any time, and without the need for prior communication to the User:
terminate, modify or suspend, in whole or in part, the User’s access to the Website and / or the Mobile App, when said access or registration violates the conditions established in these Terms of Use and / or in the Privacy Policy;
b) to exclude, totally or partially, the information registered by the User that is not in accordance with the provisions of these Terms of Use; and
c) add, delete or modify the functionalities and Content offered by Crédito Social .
11.2 – Crédito Social may also, at its sole discretion, suspend, modify or terminate the activities of the Website and / or the Mobile App, upon prior notification to the User, except in the event of unforeseeable circumstances or force majeure, when prior communication will not be necessary.
12 – Deleting a User Account:
12.1 – The User may, at any time, request the deletion of his Crédito Social Account, ending his or her relationship with Crédito Social. To request the deletion of his or her Crédito Social Account, the User must (i) access the Crédito Social Website and click on the “Delete Account” button; or (ii) send an email to the email address contato@creditosocial.net or a message through the Mobile App or Website chat requesting the deletion..
12.2 – Upon requesting the User to delete the Account in Crédito Social, Crédito Social will erase his Personal Data, so that the Anonymization of all collected data is carried out, that is, there will be no information in Crédito Social that could indicate the identity of the User, except those that cannot be excluded in compliance with the provisions of Brazilian law.
12.3 – The User declares to understand that the exclusion of the collected data will result in the immediate deactivation of his or her Crédito Social Account, with permanent loss of this data. To return to using Crédito Social, the User must create a new Crédito Social Account.
13 – General Provisions:
13.1 – If any provision of these Terms of Use or of the Privacy Policy is considered illegal, null or unenforceable for any reason, such invalidity does not affect the validity and application of the rest of the remaining provisions, which will not be affected and will remain valid and applicable to the maximum extent possible.
13.2 – Any delay or failure of Crédito Social to impose or exercise any provision of these Terms of Use, Privacy Policy or related rights, does not constitute a waiver of that right or provision or any other.
13.3 – The Portuguese version of this document will prevail in case of doubt in its translation into another language.
14 – Law and Jurisdiction
14.1 – These Terms of Use and the Privacy Policy will be interpreted in accordance with the laws of Brazil, and any conflicts related to the Application, Site, Content, Software, Terms of Use and / or Privacy Policy must be resolved by the jurisdiction of the capital of the Rio de Janeiro State.
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