Terms of Use

Terms of Use

GRUPO PROTEGE’S PORTAL

We hereby present the Terms and Conditions of Use (“Terms”), a document that lists the main principles that must be observed by everyone who accesses the Portal of PROTEGE S/A PROTEÇÃO E TRANSPORTE DE VALORES, a company headquartered at Rua Visconde de Ouro Preto, 72, São Paulo - SP, 01303-060, CNPJ (Corporate Taxpayer ID number): 43.035.146/0029-86 (“GRUPO PROTEGE”).

As a condition for accessing and using the exclusive features of the Portal, the USER declares that he/she read and understood this document and its Privacy Policy, being fully aware and thus granting his/her free and express agreement with the terms established herein. If the USER does not agree with these guidelines, he/she must discontinue the use or access.

 

  1. OBJECTIVE

1.1. These Terms apply to USERS who access and use the features of the Portal and the information and features related to safety services (“Services”) belong exclusively to the GRUPO PROTEGE.

1.2. The Services provided and made available by PROTEGE are intended for USERS who access the Portal, through the link http://www.protege.com.br/.

1.2.1. USERS are all persons who access or interact with the Portal.

1.2.2. All USERS must, without distinction, be over eighteen (18) years old, with full legal capacity to accept these Terms and to use the Services offered.

1.2.3. GRUPO PROTEGE may change the eligibility criteria for accessing and using the Portal at any time, without having to provide any type of communication or prior notice to the USER.

 

  1. SERVICES AVAILABLE AT THE GRUPO PROTEGE PORTAL

2.1. The Services offered by the Portal to the USERS include the Customer Portal, Financial Portal, Schedule, Hotline, Ombudsman, Commercial Area, Join Our Team and Press Office.

 

  1. OBLIGATIONS AND RESPONSIBILITIES OF PROTEGE

3.1. The Portal and its features are presented to the USER as they are available; such features may go through constant improvements and updates, forcing the GRUPO PROTEGE to:

3.1.1. Preserve its functionality, with unbroken links and using a layout that respects usability and navigability, whenever possible;

3.1.2. Display the features and Services in a clear, complete, accurate and sufficient manner so that there is an exact perception of the operations carried out; and

3.1.3. Protect the data collected by GRUPO PROTEGE by all available means and techniques.

3.2. GRUPO PROTEGE will use its best efforts to maintain the availability of the Portal. However, there may be some temporary unavailability due to necessary maintenance or even generated by reason of force majeure, such as natural disasters, acts of God, failures in the communication systems and access to the Internet or third parties’ acts that are beyond the Group’s scope of vigilance and responsibility, and GRUPO PROTEGE shall not be held responsible for any of these events, nor for the unavailability of the Portal.

3.2.1. If this occurs, GRUPO PROTEGE will use its best efforts to restore access as soon as possible, within the technical limitations of its services and third-party services, on which the Portal depends to be available.

3.2.2. For failures to access the Portal resulting from circumstances related to the unavailability of the Internet in general, power outages, digital or physical malfunction of any telecommunications network, interruptions or suspensions of connection and failures in the software and/or hardware used by the USERS;

3.2.3. For any problems, bugs, glitches or improper functioning that occur in the USERS’ devices and equipment and are the result of regular use;

3.2.4. For system errors that change data or information of Services.

3.2.5. For any direct or indirect damage caused by third-party events, such as hacker attacks, system, server or Internet connection failures, including malicious software actions, such as viruses, Trojan horses and others that may, in some way, damage the USERS’ equipment or connection as a result of accessing, using or browsing the Portal, as well as transferring data, files, images, texts, audios or videos contained therein; and

3.2.6. For the information contained in the registrations made through the Portal, and the data contained in the registrations are the sole responsibility of the respective USERS, including data of people added by the USERS, who will be solely responsible for the civil and criminal sanctions that may result from incorrect data.

3.3. GRUPO PROTEGE only requests personal information through e-mails of which domains are @protege.com.br. GRUPO PROTEGE is not responsible for any fraudulent electronic communications that collect personal data from USERS (phishing).

3.4. GRUPO PROTEGE may, according to its business purposes, modify, suspend or temporarily discontinue the features, Services and/or content of the Portal, at its sole convenience, whenever it deems necessary to offer the best Services to the USER.

3.4.1. GRUPO PROTEGE may, at any time, change, adapt or remodel the content, layout, features and/or tools related to the Portal, as long as it complies with Brazilian legislation, in particular Law No. 13.709 of 2018 (Personal Data Protection Act) and Federal Law 12.965 of 2014 (Civil Rights Framework for Internet Use).

3.5. GRUPO PROTEGE may also carry out scheduled shutdowns to perform the maintenance, updating and configuration adjustments in the Portal, aiming to improve the quality of the Services provided to its USERS, making their best efforts so that the maintenance hours do not conflict with business hours nor peak access hours.

3.5.1. However, if an emergency maintenance needs to be carried out, it may occur during business or peak hours and without prior notice; in such cases, GRUPO PROTEGE will not be held responsible for the unavailability as it will have the proper justification for the maintenance to occur this way.

3.6. GRUPO PROTEGE will not be held responsible, under any circumstances, for any losses and damages, including loss of profits, related to the suspension of access to the Portal. USERS have no right to demand the availability of the Portal as it best suits them, nor will they be able to claim compensation or repair damages in case the Portal is offline, regardless of the reason.

3.7. GRUPO PROTEGE may restrict, limit or prevent, by any means or form, the access of one or more USERS to the Portal, in its sole discretion, especially in cases of repeated suspicious of fraud or any other actions that impair or may impair the functioning of the Portal.

 

  1. OBLIGATIONS AND RESPONSIBILITIES OF THE USER

4.1. USERS are responsible for and undertake to:

4.1.1. Use the Portal correctly and ethically, respecting the conditions that govern its use and purpose;

4.1.2. Provide correct, complete and updated information and registration data, in addition to informing the contact channel able to be activated by GRUPO PROTEGE for the best provision of the Services, being civilly and criminally responsible for all information that they provide to GRUPO PROTEGE and committed to update them whenever there is any change by email or phone;

4.1.3. Have compatible devices and equipment, Internet connection service with antivirus and firewall enabled and duly updated;

4.1.4. Adjust their antispam systems, similar filters or message redirection settings so that they do not interfere with the receipt of GRUPO PROTEGE communications and materials, and no excuse will be acceptable if the USER cannot access any e-mail or electronic message due to the aforementioned resources;

4.1.5. Respect all intellectual property rights owned by GRUPO PROTEGE, such as all rights related to third parties which may be or have been, in some way, available on the Portal;

4.1.6. Do not access the programming areas of the Portal, its database or any other set of information that is part of the administration activity;

4.1.7. Do not perform or allow reverse engineering to take place, nor translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute or, in any other way, dispose of the Portal tools and their functionalities;

4.1.8. Do not use spider software or data mining software, of any type or species, in addition to any other not specified herein, but that acts in an automated way, both for performing mass operations and for any other purposes;

4.1.9. Do not transmit materials containing computer viruses or other codes, files, scripts, agents or computer programs;

4.1.10. Do not exploit the security of the Portal for the practice of unlawful acts, prohibited by law and these Terms, harmful to the rights and interests of GRUPO PROTEGE and third parties, or which, in any way, may damage, disable, overburden or deteriorate the Portal;

4.1.11. Be held responsible for any damage caused to GRUPO PROTEGE or to third parties due to non-compliance with the obligations set forth herein or the lack of accuracy of the information provided, and no mention to subsidiarity of the obligation, nor in solidarity of GRUPO PROTEGE, shall be made.

4.2. The USER is the only responsible for the information entered by him/her in the Portal and is the only responsible for the civil and criminal sanctions that may occasionally result from entering incorrect data.

4.3. The features that make up the Portal are offered as a provision of Service, without granting the USER any rights over the software used by the Portal, its content or the IT structures that support it.

4.4. The occasional removal, blocking or suspension of any content or feature of the Portal as a result of any complaint must always be understood as a demonstration of the intention to avoid damages and losses in good faith and the intention of amicable resolution of conflicts, never as recognition of guilt or any infringement by the GRUPO PROTEGE to the right of a third party.

4.5. The USER acknowledges that the database in which the data entered within the Portal will be stored and processed is the property of the GRUPO PROTEGE.

 

  1. INTELLECTUAL PROPERTY

5.1. Subject to these Terms, GRUPO PROTEGE grants the USER a limited, temporary, non-exclusive and non-transferable license to use the Services contracted in the Portal, only for what is strictly necessary for the fulfillment of the obligations and enjoyment of the rights set out in these Terms.

5.2. All rights related to the Portal, as well as its features, are owned by GRUPO PROTEGE, including with regard to all intellectual property rights related to its texts, images, graphics, brands, layouts, codes, databases and other content developed directly or indirectly by GRUPO PROTEGE (“Intellectual Property Rights”). The use of any content or brands presented on the Portal without authorization is expressly prohibited.

5.3. Any use of the Intellectual Property Rights held by GRUPO PROTEGE can only be made with the prior and express authorization of GRUPO PROTEGE. The USER is responsible for any improper and unauthorized use of Intellectual Property Rights, of a civil and criminal nature.

5.4. The commercial use of the expression “PROTEGE” and words that resemble it, but with different spelling, such as brands, business names or domain names, in addition to the contents of the Portal pages, as well as computer programs, databases, networks and their files, are owned by GRUPO PROTEGE and are protected by international intellectual property protection laws and treaties, including, but not limited to, Brazilian Federal Laws No. 9.609/98, 9.610/98, 9.279/96 and 10.406/2002.

5.5. By accessing the Portal, USERS declare that they will respect all the intellectual property rights of GRUPO PROTEGE, including, but not limited to, computer programs, copyrights and industrial property rights over trademarks, patents, domain names, trade name and industrial designs, deposited or registered in the name of GRUPO PROTEGE, as well as all rights related to third parties that may be, or have been, in some way, available on the Portal.

5.6. The access or use of the content and Services of the Portal does not grant USERS any rights to the use of names, titles, words, phrases, brands, patents, domain names, trade name, images, illustrations, data and information, among others, that are or have been available.

5.7. Using the Portal for any purpose that violates these Terms and the Privacy Policy, as well as the reproduction, distribution and disclosure, in whole or in part, of the texts, figures and graphics that are part of it, without the prior and express authorization of GRUPO PROTEGE is forbidden.

5.8. Any other type of use of authorized material, including for editorial, commercial or advertising purposes, can only be done in the form and with the prior and express consent of GRUPO PROTEGE.

5.9. Any reuse of authorized material must be subject to a new authorization from GRUPO PROTEGE.

5.10. The authorization granted for the use of the requested material cannot be transferred to third parties, even if linked to the authorized person.

5.11. USERS shall be completely responsible for the improper use, of a civil and/or criminal nature, of information, texts, graphics, brands, patents, domain names, works, images, logos, in short, of any and all intellectual property rights existing on the Portal or owned by GRUPO PROTEGE.

5.12. If the USER submits ideas for new products, improvements of existing ones, advertising campaigns or any other marketing action to GRUPO PROTEGE through the Portal or through the channels disclosed, this will imply authorization of use of the content by GRUPO PROTEGE, and GRUPO PROTEGE shall decide  whether to offer any kind of pecuniary reward or non-financial compensation for the content submitted, and the USER shall make no claims in this regard.

 

  1. PROTECTION OF DATA

6.1. GRUPO PROTEGE has its own document, called Privacy Policy, which regulates the management of the data collected on the Portal; this document is an integral and inseparable part of these Terms and can be accessed through the link: https://www.protege.com.br/home/política-de-privacidade.

6.2. If any provision of the Privacy Policy violates any other provision of this document, the one described in the most specific rule shall prevail.

 

  1. CONTACT

7.1. Any questions or requests related to these Terms may be directed to GRUPO PROTEGE by phone: +55 (11) 3156-0800.

 

  1. MISCELLANEOUS

8.1. These Terms may be changed, at any time and at the sole discretion of GRUPO PROTEGE, in order to reflect the adjustments made on the Portal and improve the functionality feature and the provision of Services to the USERS.

8.2. These Terms and Conditions of Use are subject to constant improvements. Thus, GRUPO PROTEGE reserves the right to modify them at any time, according to its purpose or convenience, such as for the adequacy and legal compliance of a provision of law or standard that has equivalent legal force, and it is up to the USERS to always verify such Terms to access the Portal.

8.3. When navigating the Portal and using its features, the USER agrees to be guided by these Terms that are in force on the date of access. Therefore, the USER must keep updated.

8.4. The tolerance of any non-compliance with any provision in this document will not constitute a renewal of the obligations set forth herein, nor will it prevent or inhibit their enforceability at any time.

8.5. In the event that any provision of this document is deemed inapplicable or without effect, the rest of the document remains in force, without the need for legal action to declare such fact.

8.6. These Terms do not create any other type of bond between the USERS and the GRUPO PROTEGE, including and without limitation, partnership, joint venture, mandate, representation, partnership, consortium, association, formation of an economic group, employment or similar. GRUPO PROTEGE shall remain an independent and autonomous entity.

8.7. The tolerance of any non-compliance with any provision in this document will not constitute a renewal of the obligations set forth herein, nor will it prevent or inhibit their enforceability at any time.

8.8. In the event that any provision of this document is deemed inapplicable, illegal or illegitimate, or without effect, the rest of the document remains in force, without the need for legal action to declare such fact.

8.9. The USER acknowledges that all communication made through telephone, email, instant messaging app, text message or any other digital, virtual or physical form, related to the data and information provided and registered on the Portal, are also valid, effective and sufficient for the disclosure of any matter referring to the Services provided by GRUPO PROTEGE, as well as the conditions of its provision or any other matter addressed therein, with the exception of any expressly different provisions provided for in these Terms.

8.10. The Portal is based on the official date and times of Brasília, Brazil.

 

  1. APPLICABLE LAW AND JURISDICTION

9.1. This document will be governed and interpreted in accordance with the Brazilian law, in Portuguese language, and the jurisdiction of the USER’s domicile is elected to settle any litigation or controversy involving this document, unless specific reservation of personal, territorial or functional competence by the applicable legislation is made.

 

  1. GLOSSARY

10.1. For the purposes of this document, the following definitions and descriptions shall be considered for your better understanding:

Antispam: System that prevents unwanted correspondence, such as mass advertising, by blocking messages or moving them to a specific folder.

Bugs: It means a logical failure that prevents the execution of any operation on the Portal.

Glitches: Used to designate an unexpected operation that prevents the execution or smooth operation of the intended action on the Portal.

Layout: Set comprised of appearance, design and flows of the Portal.

Link: Terminology for Internet address.

Portal: Institutional website of GRUPO PROTEGE, located at www.protege.com.br and its subdomains.

USERS: Anyone who accesses and/or uses the features of the GRUPO PROTEGE Portal.

 

Thank you for your attention, and welcome to the GRUPO PROTEGE PORTAL!

 

Update: November 9, 2020

 

Registration. While ensuring the integrity of its content, the hash-based signature of the Terms of Use of Grupo Protege (7da48d3541ce49fdac68e2c773e48775a42d03fd7ec5d6073c6022c0fc0051e7) was registered through the OriginalMy platform, in the public blockchain networks ETC and DCR in the following transactions 0xb7135785de55a634c80deaa30cc01cc67e82a2eb427468fa6b72da8c47c7c1c4 (ETC) and c571e27d1dc60fc4a77301733de04ee7d7f85cea9ba1d1e2f7b0cabb615ce439 (DCR).

       

 

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