TERM OF USE and PRIVACY POLICY OF DATA

FACILITA PAGAMENTOS S/A, a Brazilian Company based in the city of Nova Lima registered at Brazilian Federal Revenue Office at CNPJ (Company’s Taxpayer Identification Number/Ministry of Finance) under n. 10.789.035/0001-05, in this agreement represented by its legal officer, hereinafter named FACILITAPAY, and the PERSON or PHYSICAL PERSON that gave you have read and agree to this Term of Use and Privacy Policy of Data and Terms of Use ("Privacy Policy"), hereinafter simply referred to as "USER".

THE ACCEPTANCE OF THIS POLICY SHALL IMPLY THE USER'S RECOGNITION THAT HE HAS READ, UNDERSTOOD AND UNCONDITIONALLY ACCEPTED ALL THE PROVISIONS SET OUT IN THIS DOCUMENT. IF CUSTOMER HAS ANY QUESTIONS ABOUT THE PRIVACY POLICY, FACILITAPAY RECOMMENDS THAT THE CUSTOMER PLEASE CONTACT OUR CUSTOMER RELATIONSHIP SERVICE.

THIS PRIVACY POLICY DESCRIBES THE PRIVACY RIGHTS, AND ABOUT THE FORM IN WHICH FACILITAPAY, USE, STORE, SHARES AND PROTECTS ITS PERSONAL INFORMATION. SHE APPLIES TO THE FACILITAPAY WEBSITE AND ALL RELATED WEBSITES, APPLICATIONS, SERVICES AND TOOLS, REGARDLESS OF HOW YOU ACCESS OR USE THEM.

HE USER DECLARES AND WARRANTS, UNDER THE PENALTIES OF THE LAW, THAT:

A) IS IN THE ENJOYMENT OF YOUR CIVIL ABILITY AND IS NOT LEGALLY PROHIBITED TO SIGN THE TERMS OF USE;

B) IF YOU ARE AGREED ON BEHALF OF A LEGAL PERSON, HOLD THE NECESSARY POWERS, ACCORDING TO ITS ACTS, TO LINK YOU TO ALL TERMS AND CONDITIONS SET FORTH.

 

I. DEFINITIONS

1.1. For the purposes of this Privacy Policy, the following are considered:

i) Internet Protocol Address (IP Address): the code assigned to a Terminal of a network to allow its identification, defined according to international parameters.

ii) Internet: the system consisting of the set of logical protocols, structured on a global scale for public and unrestricted use, in order to enable the communication of data between terminals through different networks.

iii) Password: a set of characters that can be made up of letters and/or numbers, in order to verify the identity of the USER to access the Site and/or Application.

iv) Sites and/or Applications: FACILITAPAY websites and applications through which the USER accesses the services and content provided by FACILITAPAY.

v) Terminals: computers, notebooks, netbooks, smartphones, tablets, palm tops and any other devices that connect to the Internet.

vi) Establishment: legal entity that provides goods or services and is accredited FACILITAPAY.

1.2. This Privacy Policy shall be governed by and construed in accordance with the following principles:

i) headings and headings are for convenience of reference only and will not limit or affect the meaning of the clauses, paragraphs or items to which they apply;

ii) the terms "inclusive", "including" and other similar terms shall be construed as being accompanied by the phrase "by way of example" and "without limitation";

iii) whenever required by the context, the definitions contained in this Policy and Privacy will be applied in both the singular and the plural, and the masculine gender will include the feminine gender, without changing its meaning;

iv) references to any document or other instruments include all its changes, substitutions and consolidations and their complements, unless otherwise expressly set out in this Privacy Policy;

II - PERMISSION

2.1. The USER expressly and unequivocally accepts this Privacy Policy when creating or accessing his FACILITAPAY account or using any FACILITAPAY service or any other feature, technology or functionality that FACILITAPAY offers on his website, applications and services ("FACILITAPAY SERVICES ").

III - COLLECTION OF PERSONAL INFORMATION

3.1. The USER authorizes FACILITAPAY to collect the following types of personal information to enable you to use the FACILITAPAY SERVICES:

(i) When the USER uses the FACILITAPAY SERVICES, we collect information sent by your access TERMINAL. Information submitted to FACILITAPAY includes, but is not limited to: data on pages accessed, browser, IP address, device ID or identifier, device type, operating system, geolocation information, computer and connection information, mobile network information , statistics on pages visited, traffic to and from sites, referral URL, advertising data, standard web log data, and other information. We may also collect anonymous information through cookies.

(ii) FACILITAPAY may collect and store information provided by the USER when using the FACILITAPAY SERVICES, including information entered in an online form, information added or updated in your account, discussions in communities, chats or information provided when you contact us to handle the FACILITAPAY SERVICES. By using the FACILITAPAY SERVICES, we also collect information about your transactions and activities.

(iii) By creating a FACILITAPAY account or using the FACILITAPAY SERVICES , FACILITAPAY may collect the following types of information: (a) contact information - such as your name/company name, address, telephone number, email address and other information similar; (b) Financial information - such as bank account and credit card numbers for use of FACILITAPAY SERVICES; (c) detailed personal information, including shareholders, administrators, date of birth/constitution and RG / CNPJ. The USER is responsible for the accuracy and veracity of the data informed and acknowledges that their inconsistency may imply the impossibility of accessing the FACILITAPAY SERVICES and assumes full responsibility for the safekeeping, secrecy and good use of the registered login and passwords, exempting FACILITAPAY from any responsibility.

(iv) FACILITAPAY may collect information about the USER by other means, such as contacts with the customer relationship team, interactions with members of other FACILITAPAY partner companies. By communicating with FACILITAPAY, the USER agrees that his communications may be heard, monitored or recorded without prior notice or notification.

(v) FACILITAPAY also may obtain information about the USER from third parties, such as credit companies and identity verification services.

3.2. FACILITAPAY may provide a tool for the USER to voluntarily choose to grant FACILITAPAY access to certain personal information stored by third parties, such as social media sites. By associating a third-party account with your FACILITAPAY account and authorizing FACILITAPAY to access such information, the USER agrees that FACILITAPAY may collect, store and use such information in accordance with this Privacy Policy.

3.3. FACILITAPAY can evaluate your Access Terminal to identify suspicious programs or activities.

3.4. FACILITAPAY may offer the USER the ability to connect to FACILITAPAY SERVICES using a mobile device, be it an application or website optimized for mobile access. The clauses of this Privacy Policy apply to all Terminal accesses and uses, however, in case of access of the FACILITAPAY SERVICES by the Application, the USER must also observe the following conditions:

(i) THE USER declare that you have received a limited, non-transferable, non-exclusive, royalty-free, revocable license to download, install, run and use this application on your device and;

(ii) The USER acknowledges and agrees that FACILITAPAY has granted him an exclusive license to use and therefore does not transfer the rights to the product, its sale, transfer, modification, reverse engineering or distribution as well as the copy of texts, images or any part thereof is expressly prohibited.

(iii) For the purposes of using the Application, FACILITAPAY may collect, store, process, and use the following information regarding the USER's navigation in the Application, which are part of the "Navigation Logs": a) Geographic localization - the application uses GPS to get the approximate location of the USER, the application uses to obtain the USER's location; b) Camera - allows the application to use the camera to set a photo to the USER profile in the Application; c) Telephone and Microphone - Permission necessary for the Application to be able to make connections by the USER, this permission is required when the card is inactive and it is necessary to contact the exchange; d) Account and Contacts - Permission required to share the application with friends, so that the Application can access personal accounts; e) Local storage - Allows the application to write files to the phone. We use to save access token; f) Operating system used by the USER; g) Browser and their respective versions; h) Screen resolution; i) Java (programming language); j) Flash player installed; k) IP address; l) ID code (IMEI) of the mobile device through which the USER accessed the Application; m) Information regarding the date and time of use of the Application by a particular USER, from a particular IP Address; n) Information regarding the amount of clicks and attempts to use the Application, as well as pages accessed by the USER.

3.5. The USER can disable access through the configuration options of your Terminal. However, when deciding on the access prohibition, the USER is aware and acknowledges that it is possible that the Site and/or Application does not perform all its functionalities

IV – USE OF PERSONAL INFORMATION

4.1. FACILITAPAY may use your personal information to:

i. provide the FACILITAPAY SERVICES and USER support;

ii. process transactions and send notices about your transactions;;

iii. verify your identity even during account creation and password reset processes;

iv. solve disputes, charge fees and solve problems;

v. manage risks or detect, prevent and/or remedy fraud or other potentially prohibited or illegal activities saw;

vi. detect, prevent or remedy violations of applicable policies or contracts;

vii. improve FACILITAPAY SERVICES.

viii. measure the performance of FACILITAPAY SERVICES and improve its content and layout;

ix. manage and protect our information technology infrastructure;

x. provide targeted advertising and marketing, service update notifications, and submit promotional offers based on your communication preferences; and

xi. perform credit and solvency checks and compare information for accuracy and verify it with third parties.

4.2. FACILITAPAY may forward to the USER notifications about your FACILITAPAY ACCOUNT, to resolve problems with your FACILITAPAY ACCOUNT. By contacting the USER by telephone as efficiently as possible, FACILITAPAY may use, consent to receive, text messages and pre-recorded or auto-dialing calls. Whenever applicable and permitted by law, the USER may refuse to receive certain communications.

V – USO DE COOKIES E TECNOLOGIAS SIMILARES.

5.1. FACILITAPAY, by itself or through third parties, may place small data files on your computer or USER device. These data files may be "cookies, pixel tags, Flash cookies" or other local storage media provided by the browser or USER's applications ("Cookies"). In such cases, FACILITAPAY may use these technologies to recognize you as a FACILITAPAY USER, customize FACILITAPAY SERVICES, content and advertising, measure the effectiveness of our promotions, help ensure that your account security has not been compromised, mitigate risk and prevent fraud, and promote confidence and security on the FACILITAPAY and USER sites .

5.2. The USER will be free to refuse Cookies if your browser, unless Cookies are necessary to prevent fraud or to ensure the security of the websites we control. Refusal of Cookies may interfere with the use of the FACILITAPAY SERVICES.

VI – PROTECTION AND STORAGE OF PERSONAL INFORMATION

6.1. The term "personal information" is used in this Privacy Policy to describe generic data that, isolated or associated with other data, is capable of identifying a person. FACILITAPAY does not treat as personally identifiable information that has been generated anonymously, so that it does not identify a specific user.

6.2. FACILITAPAY operations are supported by a computer network, cloud servers and other information infrastructure and technologies, including but not limited to the use of third party service providers.

6.3. FACILITAPAY may transfer the personal information it collects to other countries where FACILITAPAY operates or where third party service providers have operations. When transferring information from the user to other countries, FACILITAPAY will protect the information as described in this Term, even if a certain country does not have the same data protection and privacy laws of Brazil.

VII – INFORMATION SHARING

7.1. In transactions with other FACILITAPAY USERS, FACILITAPAY may provide USER information that is required to complete the transaction, such as name, account ID, contact details, shipping and billing address, or other information necessary to promote reliability and security of the transaction. If the transaction is suspended, failed or subsequently invalidated, FACILITAPAY may also provide transaction details that are unsuccessful.

7.2. FACILITAPAY works with third parties, including Business Partners facilitators of the process of accreditation and contracting of FACILITAPAY SERVICES. Thus, a third party can share information with USER and with FACILITAPAY.

7.3. Although FACILITAPAY does not allow third parties to use the USER information for purposes other than to provide the FACILITAPAY SERVICES. FACILITAPAY is not responsible for any actions by such third parties, including their information protection practices.

7.4. The USER authorizes FACILITAPAY to share their personal information with:

(i) companies of the economic group of FACILITAPAY;

(ii) Financial institutions with which we have established a partnership. These financial institutions may only use this information to market products related to FACILITAPAY, unless you allow other types of use.

(iii) Credit companies and collection agencies to report account information as permitted by law.

(iv) Bankers, CREDENISTERS, FLAGS and financial entities for inclusion in their list of CUSTOMERS deleted;

(v) Companies with which FACILITAPAY intends to carry out corporate operations, such as mergers, acquisitions and/or any type of disposal of equity interest;

(vi) Regulating bodies of the FACILITAPAY activity, police authorities, government officials or other third parties to comply with a subpoena, judicial decision or other procedure or legal requirement applicable to FACILITAPAY or one of its affiliates; when complying with the law or the rules of the card industry; or when we believe, in our sole discretion, that disclosure of such personal information is necessary to prevent physical injury or financial loss, to report suspected illegal activity or to investigate contractual violations with FACILITAPAY.  

(vii) Other third parties for the following purposes:

a. Companies specializing in risk management and fraud prevention.

b. Companies specializing in Customer Relationship Services.

c. Legal Compliance: to help you meet the verification requirements against money laundering and terrorist financing.

d. FACILITAPAY COMMERCIAL PARTNERS: FACILITAPAY COMMERCIAL PARTNERS PERFORM INITIATING ACTIVITIES FOR THE INDICATION OF CUSTOMERS INTERESTED IN CONTRACTING THE FACILITAPAY SERVICES AND ACTING ON THE COMMERCIAL SUPPORT AND RELATIONSHIP WITH SUCH CUSTOMERS INDICATED FOR FACILITAPAY, INCLUDING IN RELATION TO PREVENTION OF FRAUDS, COLLECTION, MARKETING, CUSTOMER SERVICE IF FACILITAPAY CONSTANT THAT THE CONTRACTING OF THE FACILITAPAY SERVICES BY A PARTICULAR USER WAS DONE THROUGH A FACILITAPAY COMMERCIAL PARTNER, FACILITAPAY MAY SHARE WITH THE AFFILIATED FACILITAPAY COMMERCIAL PARTNER PERSONAL INFORMATION OF THIS USER, ITS ADVERTISERS, PARTNERS AND ADMINISTRATORS, AND FURTHER INFORMATION ABOUT (I) THE VOLUME OF TRANSACTIONS PERFORMED BY THE USER AND (II) FEES AND CHARGES CHARGED FOR USE OF THE FACILITAPAY SERVICES, SINCE FACILITAPAY HAS A RESULTS POLICY WITH USEFUL BUSINESS PARTNERS.

e. Other third parties with consent of the USER;

7.5. The third parties mentioned in this Privacy Policy may be in other countries in which the legislation on the processing of personal information is less rigid than in Brazil.

7.6. If the USER contracts the FACILITAPAY SERVICES directly on a third-party site, applications or establishments, any information entered in that site or application will be shared with the owner of that site or application. The USER must review the policies of third parties before providing their personal information. FACILITAPAY is not responsible for the content or information practices adopted by third parties.

VIII – REVIEW OF INFORMATION AND CLOSURE

8.1. The USER may review and review your personal information at any time by accessing the FACILITAPAY website.

8.2. If the USER terminates your FACILITAPAY account, it will remain as "Inactive" status in our FACILITAPAY database.

IX. USER RESPONSIBILITIES

9.1. The USER may not carry out the following actions with respect to the Site and/or Application, in whole or in part, without prejudice to others that are considered illegal, contrary to public order or violate morals and morals:

i) practice of any illegal acts and/or violation of current legislation, including the provisions of Law 9.613/98 and Law 12.846/13;

ii) Use the Site and/or Application and/or any content contained therein, in whole or in part, in any medium or form, for a purpose other than that for which it is intended and in a manner different from that provided for in this Privacy Policy, including divulging, in any way, to third parties that do not have or should not have access to the Site and/or Application;

iii) delete, misrepresent, corrupt, alter, edit, adapt, transmit or otherwise modify, in any medium or form, in whole or in part, the Site and/or Application, and/or any content thereof;

iv) Publicity or marketing associating your image with FACILITAPAY , or any affiliated, controlled, affiliated or belonging to your economic group, for any disclosure of the data contained in this site, as well as its brands, we recommend the contact via customer service .

v) Uploading, sending and / or transmitting any content of an erotic, pornographic, obscene, defamatory or libelous nature or that condone crime, use of drugs, consumption of alcoholic beverages or smoke products, physical or moral violence;

vi) Upload, send and/or transmit any content that promotes or incites prejudice (including origin, race, sex, color, sexual orientation and age) or any form of discrimination, as well as hatred or illegal activities;

vii) Threaten, coerce, or cause physical or moral embarrassment to other USERS;

viii) Perform acts that cause or cause contamination or damage any equipment of FACILITAPAY, its companies and / or third parties, including through viruses, trojans, malware, worm, bot, backdoor, spyware, rootkit, or any other devices that may be created;

ix)   Perform any acts in relation to the Site and/or Application, directly or indirectly, in whole or in part, that may cause harm to FACILITAPAY , any USER and/or any third party;

x) Use any corporate name, brand, domain name, slogan or expression of advertisement or any distinctive or intellectual property sign owned by FACILITAPAY, or any affiliated, controlled, affiliated or affiliated company of your economic group.

9.2. The User is solely responsible for:

i) For any and all acts or omissions made by him in the environment of the Site and/or Application;

ii) For the repair of any and all damages, direct or indirect, that are caused to FACILITAPAY, to any other USER , or even to any third party, including by virtue of non-compliance with the provisions of this Privacy Policy. Without prejudice to other measures, FACILITAPAY may, at its sole discretion, without any prior notice or notice, suspend access to the Site and / or Application of any USER at any time, by itself or by a third party at any time, in case it breaches any provision of this Privacy Policy and other policies of the Site and/ or Application or applicable law.

9.3. In no event shall FACILITAPAY be liable for:

i) For the payment of costs or damages, including direct, indirect, specific, incidental or consequential damages, arising from access or use, inability to access or use this Site and/ or Application or any of its functions or parts, including to consult or download information, data, texts, images or other materials accessible through this Site and/or Application;

ii) For any act or omission done and/or damage caused by the USER on this Site and/or Application;

iii) By installing on the USER or third-party equipment, viruses, trojans, malware, worm, bot, backdoor, spyware, rootkit, or any other devices that may be created due to the USER browsing the Internet.

 

iv) For misuse by any USER or third parties of the Site and/or Application, in whole or in part, by any means or form, including but not limited to reproduction and/or dissemination in any media;

v) For the suspension, interruption or removal of the Site and/or Application.

vi) for any direct, indirect, incidental, exceptional or consequential damages resulting from the use or unfitness of the enjoyment of your services, or for the cost of acquiring substitute services.

 

X – INDEMNITY

10.1 The USER agrees to defend, indemnify and hold harmless: (i) FACILITAPAY; (ii) the Partner Institution and its affiliates; (iii) the directors and; (iv) employees and agents from and against any charges, actions or demands, including, but not limited to reasonable attorneys' fees, resulting from: (a) any improper use of the Site, the Application, the Software and / or its Content; (b) breach of the conditions hereunder; (c) any activity in which the USER participates or through the Services; and (d) your violation of any law or the rights of a third party.

10.1.1. In no event shall FACILITAPAY or the Partner Institution be liable for personal injury or any incidental, direct, indirect or consequential damages, loss of profits, including, without limitation, damages for loss of profits, corruption or loss of data, transmission or reception failure data, non-continuity of business or any other commercial loss or loss, arising from or related to the provision of services by third parties.

 

XI – FINAL PROVISIONS

11.1 The FACILITAPAY reserves the right to block in its system the resources coming from USER (s) not registered in its Platform of Payments, in case FACILITAPAY will proceed the reversal (s) of such (s) in up to 48 hours.

11.1.1. In the case of funds received for USER(s) that do not have an operational limit, FACILITAPAY will have a period of up to 72 (seventy-two) hours to: (a) process the justification and correction of the pending by the USER or (b) value for the source account.

11.2 FACILITAPAY reserves the right to change the terms of this Privacy Policy at any time, without prior notice and regardless of additive, by simply posting a revised version on its website. By the way, any new revised version will take effect as soon as it is posted on the FACILITAPAY website.

11.2.1. If the USER does not agree with the changes communicated in the form above, you may terminate this present Privacy Policy with FACILITAPAY within 10 (ten) days from the date of publication of the change. In the event that the USER does not manifest itself within such time, evidently, contrary to such changes, this fact will imply in its full and unrestricted acceptance.

11.2.2. The USER already registered in the system of FACILITAPAY through previous contracts, signed or not, will have their adhesion to this Privacy Policy from the date of publication in the site of the FACILITAPAY.

11.2.3. These Term of Use and the Privacy Policy shall remain in force for an indefinite period, from the User's Acceptance, and may be unilaterally modified or terminated by either party at any time, without any charge, through simple communication through the Site or Application itself or message to the e-mail indicated in the USER's Personal

11.2.4. The USER may, at any time, request the deletion of its registration, terminating its relationship with FACILITAPAY and the Partner Institution, if applicable, through a request made directly through the site or other available channels of communication. In this case, the USER data will be processed in accordance with the provisions of this term. The registration at FACILITAPAY will be definitively closed within the deadline, in accordance with the applicable regulations. Finally, FACILITAPAY may at any time, upon prior notice, terminate the contractual relationship, in accordance with applicable regulations, including, but not limited, evidence of fraud.

CONTACT US: 

FACILITA PAGAMENTOS S/A

+55 31 3195.6300

legal@facilitapay.com

© FacilitaPay | Terms and Conditions

FACILITA PAGAMENTOS S/A | CNPJ: 10.789.035/0001-05 | Rua Senador Milton Campos, n. 35 - Vila da Serra - CEP 34006-050- Nova Lima, MG