TERMS OF USE AND DATA SECURITY POLICY AND CONSENT TO DATA PROCESSING
I. INTRODUCTION
1.1. Instituto Touch Peace Global Mission, a private legal entity, registered with the CNPJ under number 50.838.147/0001-23, headquartered at Rua Cabo Aylson Simões, nº 395, sala 501, CEP: 29.100-320, bairro Centro, Vila Velha/ES, hereinafter referred to as Touch Peace, is the owner and holder of this platform.
1.2. The Platform is available to individuals who access it (“USER”) and works as a system that connects the USER to one of our volunteers, called Peace Counselors.
1.3. This Term regulates the use of the Platform by the USER, establishing their rights and obligations.
1.4. The use of the Platform is subject to the USER’s acceptance of all the terms and conditions of this Term and our Privacy Policy, under the terms of the applicable legislation, without any type of reservation or reservation.
II. ACCESS, REGISTRATION AND SECURITY
2.1. To access the Platform, the USER may choose to identify himself or receive assistance in the condition of anonymity.
2.2. If you choose to continue anonymously, no data will be requested from the USER, and access to the Peace Advisor will be immediate. However, if you choose to identify yourself, we may ask for personal and sensitive information, such as name, gender, age, status, social security number, and email address. Your acceptance of these terms will be considered a free and informed consent for the collection and processing of personal and sensitive data, under the terms of the applicable legislation. This information will be used solely to improve the quality of counseling service and will comply with our Privacy Policy. During the use of the Platform, additional information may be requested from the USER, and we wish to assure you that strict confidentiality and discretion will be maintained at all times.
2.3. The USER must provide true, accurate, complete and current data about him/herself, and such data is his/her full and exclusive responsibility.
2.4. Touch Peace is not responsible for false, inaccurate, incomplete or outdated data that may be inserted/maintained in the register.
2.5. Touch Peace will maintain and use the information and data provided by the USER under the terms of the Privacy Policy, in accordance with the applicable legislation.
2.6. Changes in the registration may be requested at any time by the USER.
2.7. Each e-mail can only be used for the authentication of a single USER.
2.8. The USER is responsible for the integrity and confidentiality of his/her access to the platform, as well as for any activity that is carried out during the contact.
2.9. The USER is responsible for informing Touch Peace immediately about any security breach that becomes aware of it.
2.11. THE USER WILL ELECTRONICALLY EXPRESS HIS/HER ACCEPTANCE OF THE CONDITIONS OF THESE TERMS, THE PRIVACY POLICY AND THE DATA SECURITY POLICY AND CONSENT FOR DATA PROCESSING BY SELECTING THE OPTION “I HAVE READ AND AGREE WITH THE TERMS OF USE OF THESE SERVICES, THE PRIVACY POLICY AND THE DATA SECURITY POLICY AND CONSENT FOR DATA PROCESSING” AVAILABLE AT https://www.touchpeace.org.br.
2.12. The affixing of the Electronic Acceptance by the USER implies his/her express, automatic, full acceptance, without reservations or reservations, of all the provisions of these Terms of Use, the Privacy Policy and the Data Security and Consent Policy for Data Processing applicable to the service, as eventually amended.
III. CONDITIONS OF USE AND ACCESS
3.1. Upon prior and unconditional acceptance of these Terms of Use, Touch Peace grants the USER a free, non-exclusive, personal, non-transferable and revocable license (at any time) to use the Platform, subject to the following conditions:
3.2. The Platform shall be used by the USER exclusively for advice purposes. Therefore, the commercial use of it is expressly prohibited, as mentioned by way of example; the Platform shall be used by the USER under the terms of the law, whether national or, when applicable, international, of this Term and in observance and respect for the rights of third parties; the USER must observe the ethical and moral standards in force. Touch Peace may suspend or cease to provide access to the Platform in the event of non-compliance (or suspicion) with the above conditions or any other provision provided for in this Term or in the legislation.
3.3. Acknowledging the worldwide reach of the internet, the USER agrees to comply with any and all legislation of the place where it is located, notably regarding the use of the internet, as well as Brazilian legislation.
3.4. The use and access of the Platform does not confer to the USER: the ownership of the intellectual property rights over the Platform, nor over the content made available therein. The use of the content depends on legal permission or the prior and express authorization of its respective owner; the right to use any trademark or logo made available on the Platform.
3.5. The Platform may not be used to perform acts: prohibited by law and by these Terms of Use; that may damage, render useless, overload or deteriorate: the Platform, the computer equipment (hardware and software) of third parties (whether other users or Internet users), documents, files and all types of content stored on the computer equipment of third parties (cracking); that may prevent the normal use by other users: of the Platform, computer equipment, documents, files and all types of stored content.
3.6. The following are prohibited: the use of any automated system (such as robots and others) that access the Platform in such a way as to, in a given period, perform activities or send more messages than would be humanly possible to perform/send in the same period through a conventional browser; the collection of any personal information from other users of the Platform.
3.7. If any possibility of illegality or violation of the conditions set forth in these Terms is identified, the USER may be notified or prevented from accessing our Platform.
IV. ACCESS RESPONSABILITY AND PROHIBITION OF RECORDING
4.1. The USER, as an individual, attests to being over 18 (eighteen) years of age and having full legal capacity, assuming full and exclusive responsibility for all actions carried out, directly or indirectly, within the Platform. If the USER is under 18 years of age, access to the service with the Peace Counselor will be immediately terminated.
4.2. In the event of an act or omission that violates a provision of law, the terms and conditions of this Agreement or the rights of third parties (whether USER or not), the responsibility will fall exclusively on the person who performed such act/omission.
4.3. Under no circumstances will Touch Peace be responsible for acts performed by third parties (users or not of the Platform).
4.4. The recording of any part of the service conducted by the Peace Counselor with the USER will not be permitted under any circumstances or for any justification. If such recording is detected at any time, the service will be immediately terminated.
V. INTERACTION
5.1. The USER agrees and declares that he/she will NOT use the Touch Peace platform to instigate, threaten, offend, tarnish the image, invade the privacy or harm other users or third parties; attempt to obtain illegal access to the database of the Platform and/or third parties; alter and/or copy files or obtain passwords and data of third parties without prior express authorization; insert images or other content with illicit material; disrespect the law (whether national or international), morality, good customs, copyright and industrial property rules and the rights to honor, private life, image and personal and family privacy.
5.2. The USER may also NOT use the Platform to spread content that encourages the practice of illicit conduct or conduct that is contrary to morality and good customs; incite the practice of discriminatory acts, whether based on sex, race, religion, beliefs, age or any other condition; make available or enable access to illicit, violent and pornographic messages, products and services; induce or may induce an unacceptable state of anxiety or fear; induce or incite dangerous, risky or harmful practices to health and mental balance; are false, ambiguous, inaccurate, exaggerated or untimely, in a way that may mislead about their purpose or about the intentions or purposes of other users of the Platform; violate the confidentiality of communications; broadcast, incite or encourage pedophilia or services related to prostitution or similar, including pornographic, obscene or morally and morally contrary material; incorporate viruses, spam or other physical or electronic elements that may damage or impede the normal functioning of the Platform itself, the network, the system or third-party computer equipment (hardware and software) or that may damage electronic documents and files stored on such computer equipment; disclose or refer to the sale/provision of any type of product/service; have commercial or advertising purposes, including: spam, corporate correspondence and communications for commercial purposes (such as prospecting for business and sale of services and goods); are related to business, advertising, offering to sell products or services (whether for profit or not) or that address other users or third parties (including requests for contributions or donations).
5.3. If the USER uses the Platform or makes content available in violation of any provision of these Terms, Touch Peace may, at any time and without prior notice, block the USER as a user and/or delete the USER’s user registration.
VI. INAPPROPRIATE CONDUCT OR CONTENT
6.1. Touch Peace will make its best efforts to promote an internal investigation into inappropriate conduct or content, especially when requested by a USER or a third party who has allegedly been harmed, by presenting reasons and evidence that indicate that a certain conduct or content violates the law, third party rights or the terms and conditions of use of the Platform.
6.2. In the event of confirmation or existence of sufficient evidence that a certain conduct or content violates the provisions mentioned above, Touch Peace may, at its sole discretion and without prior notice, suspend/cancel the user’s account.
6.3. To report the above cases, it is necessary to send an email to fale.conosco@touchpeace.org.br.
6.4. For the report of inappropriate conduct/content to be considered valid, the USER must specify the allegedly inappropriate conduct or content.
VII. USER’S SOLE RESPONSIBILITY
7.1. It is the USER’S sole and exclusive responsibility to provide their own internet access and pay all service fees charged by third parties for such access for the purpose of using the Touch Peace platform; to provide all the equipment necessary to connect to the internet, including (but not limited to) a computer and a modem; to register on the Platform, taking responsibility for the accuracy and veracity of the data provided, as well as for keeping their login and password safe, if any; to keep their computer environment secure, using available and updated tools (such as antivirus and firewall), in order to help prevent electronic risks in the user’s capacity.
VIII. EXCLUSION OF WARRANTIES AND LIABILITY
8.1. Due to operational issues, the Platform and services are subject to possible interruptions, technical failures and/or temporary unavailability of operation. Whenever reasonably possible, Touch Peace will warn USERS in advance about interruptions in the operation of the Platform and services.
8.2. Touch Peace is exempt from any liability for any damages and losses, whatever their nature, that may arise from the lack of availability or continuity of the operation of the Platform.
8.3. Likewise, Touch Peace is not liable for any damage, loss or loss to the USER’s equipment caused by failures in the system, server or connection resulting from third-party conduct, including actions of malicious software such as viruses and Trojan horses; access to or use of the Platform.
8.4. Although Touch Peace uses its best efforts to ensure the security of the Platform, considering the vulnerability of computer systems and the constant advancement of hacking technology, it is not liable for acts of third parties that succeed in collecting or using, by any means, registration data and information provided by USERS on the Platform.
IX. TERMINATION
9.1. This Agreement may be terminated at any time and without prior notice.
9.2. Touch Peace may, at its sole discretion and without any liability, prohibit the use of the Platform due to suspected violation of any provision of this Agreement.
9.3. In the above cases, the USER’s account may be immediately deactivated or deleted, including all information related to it; any future access to the Platform may be prevented.
X. GENERAL PROVISIONS
10.1. Tolerance of any failure to comply with any of the clauses and conditions of this Agreement shall not constitute novation of the obligations stipulated herein, nor shall it prevent or inhibit their enforceability at any time.
10.2. Touch Peace reserves the right to unilaterally modify the presentation and configuration of the Platform.
10.3. Touch Peace also reserves the right to modify, suspend or discontinue the Platform, without prior notice, without being held liable for such fact.
10.4. Aiming at continuous improvement, Touch Peace also reserves the right to modify this Agreement unilaterally and at any time, being responsible for making the updated version of the Agreement available to the USER. By accessing the Platform, the USER agrees to be guided by the terms and conditions of use that are in force on the date and must, therefore, check them beforehand each time the Platform is accessed.
10.5. Any USER who does not agree with these Terms, the Privacy Policy and the Data Security Policy and Consent for Data Processing, as amended, must immediately discontinue use of the Platform.
10.6. In the event of a conflict between the current version of these Terms, the Privacy Policy and the Data Security Policy and Consent for Data Processing and subsequent versions, the latter shall prevail.
10.7. If a specific condition of these Terms is not enforceable, this shall not affect the enforcement of the other provisions of these Terms.
10.8. These Terms do not represent the creation of any employment, corporate, partnership or associative relationship between Touch Peace and the USERS of the Platform.
10.9. These Terms constitute an entire agreement between the parties, prevailing over any other understanding that may have been previously entered into.
10.10. This Agreement is governed by the legislation of the Federative Republic of Brazil and its text shall be interpreted in Portuguese.
10.11. The parties submit to the Central Court of the District of Vila Velha in the State of Espírito Santo in the event of any conflicts arising from the use of the Platform.
XI. DATA SECURITY POLICY AND CONSENT FOR DATA PROCESSING
11.1. Touch Peace undertakes to preserve the privacy and security of the personal data of Users of the Platform, with such data processing being carried out in strict compliance with applicable laws and regulations, in particular with the General Data Protection Regulation of the European Union (GDPR) and the General Data Protection Law (LGPD).
11.2. It is highly recommended that Users read this Data Security Policy and Consent for Data Processing carefully.
XII. ABOUT TOUCH PEACE AND THE DATA SECURITY POLICY AND CONSENT FOR DATA PROCESSING
12.1. This Data Security and Consent Policy for Data Processing (“Policy”) defines the guidelines for the processing and protection of personal information collected during access to and use of the Platform, as well as records the free, informed and unequivocal consent by which the User agrees to the processing of their personal data for a specific purpose, in accordance with the General Personal Data Protection Law (Law 13.709/2018).
12.2. This Policy is complementary to the Terms of Use and the Privacy Policy that regulate the access and use of the Platform by the corresponding User, as well as establishes the treatment that Touch Peace, as the “CONTROLLER”, grants to the information of Users.
XIII. CHANGES TO THE DATA SECURITY POLICY AND CONSENT TO DATA PROCESSING
13.1. Touch Peace reserves the right, at its sole discretion, to modify this Policy, including new rules, conditions and/or restrictions, and must communicate this to the User by means of a notice when accessing the Platform. The User’s continued access and/or use of the Platform will imply automatic acceptance of any updates to it.
XIV. DATA COLLECTED AND ITS PURPOSE
14.1. When accessing the Platform, regardless of registration, certain information, such as the User’s personal data, such as full name, CPF, email, date of birth, telephone number, gender, education, marital status, religion, as well as data about the browser used, type of device, time spent, IP address, operating system, browser, browser language, time zone, local time and geolocation may be stored on servers used by Touch Peace.
14.2. Additionally, the following User data will be collected through the Google Analytics tool: Total number of website views in the month; Number of new users; Number of returning users; Average number of views per day in the month; Average time spent on the website (minutes); Top 5 most accessed pages in the month; Desktop access; Mobile access; Tablet access.
14.3. This and other personal information collected from Users is necessary for their identification in the context of accessing and using the Platform, as well as for operational and strategic purposes, involving the administration of the Platform, including, among other things, conducting statistics and studies, analyzing traffic, administering, managing, expanding and improving the features of the service, for customization. Additionally, the processing of the personal data listed here has the following purposes:
To keep user records up to date for the purposes of serving Touch Peace Peace Peace Counselors;
To optimize usability and the interactive experience during user navigation on the Platform;
To respond to questions and requests from its USERS;
To carry out communication and relationship marketing campaigns;
To enable the Controller to use such data in research;
To enable the Controller to use such data in the preparation of reports;
To enable the Controller to use such data for its Communication pieces;
14.4. This data will only be used for the specific purpose for which it was collected and authorized.
XV. TERMINATION OF DATA PROCESSING
15.1. The personal data collected will be processed for the period in which such data is necessary to achieve the purposes listed herein. Anonymized personal data, without the possibility of association with the User, may be kept for an indefinite period.
15.2. The User may request, via email to fale.conosco@touchpeace.org.br, at any time, the deletion of his/her non-anonymized personal data.
XVI. STORAGE AND AVAILABILITY OF PERSONAL DATA
16.1. The information captured will be stored and will comply with strict confidentiality and security standards, such as encryption. However, it is important for the User to be aware that due to the very nature and technical characteristics of the Internet, this protection is not infallible and is subject to violation by a variety of malicious practices.
16.2. The User’s personal data may be shared with other data processing agents, if necessary for the purposes listed in this term, in compliance with the principles and guarantees established by the General Data Protection Law.
16.3. No documents and/or personal information will be sold and the Users’ personal information will not be individually disclosed to any third parties, except as established in this instrument or in accordance with the Law and by court order.
XVII. USER RIGHTS AND RESPONSIBILITIES
17.1. The User guarantees and is responsible for the truthfulness, accuracy, validity and authenticity of the personal data and other information that he/she may provide for use of the Platform, and undertakes to keep them updated. Touch Peace shall not be held liable in the event of the insertion of false or inaccurate data.
17.2. The User, pursuant to article 18 of the General Data Protection Law, has the right to obtain, in relation to the data processed by him/her, at any time and upon request: I – confirmation of the existence of processing; II – access to the data; III – correction of incomplete, inaccurate or outdated data; IV – anonymization, blocking or deletion of unnecessary, excessive data or data processed in non-compliance with the provisions of the General Data Protection Law; V – portability of data to another service or product provider, upon express request, in accordance with the regulations of the national authority, observing commercial and industrial secrets; VI – deletion of personal data processed with the consent of the holder, except in the cases provided for in art. 16 of the General Data Protection Law; VII – information on the public and private entities with which the controller shared data; VIII – information on the possibility of not providing consent and on the consequences of refusal; IX – revocation of consent, under the terms of § 5 of art. 8 of the General Data Protection Law.
XVIII. CADASTRAMENTO
18.1. Once registered, the User may, at any time, request changes to his/her registration information through the e-mail fale.conosco@touchpeace.org.br.
18.2. If there are any questions about the Policy, the User may contact the e-mail fale.conosco@touchpeace.org.br.
XIX. FREE AND INFORMED CONSENT TO DATA PROCESSING
19.1. Thus, aware of all the possible implications that will arise from the processing of your personal data, by clicking on the button “I HAVE READ AND AGREE WITH THE TERMS OF USE OF THESE SERVICES, THE PRIVACY POLICY AND THE DATA SECURITY POLICY AND CONSENT FOR DATA PROCESSING” (or equivalent), the User will be providing his/her free consent, clarified and unambiguous for the processing of your personal data, including operations such as those relating to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction, in view of the specific purposes mentioned in this Data Security Policy, in accordance with the General Law of Data Protection.