Terms of Service & Privacy Police

Updated 30/06/2020

Hello! It is great to count with your interest! Before using our services, we ask you to read our Terms of Service and to be aware about the rules that will rule our relationship with you.

Below we will clarify some points that we consider important. If you have any doubts about any points discussed or not discussed in this document, or if you would like to make suggestions or report problems, please do not hesitate to contact us by sending an e-mail to the following address: contact@deskfy.io.

 

1. DEFINITONS:

In this instrument, we understand the following expressions according to the following definitions:

DESKFY: DESKFY PLATAFORMA DE CRIAÇÃO DE DESIGN VISUAL LTDA, a legal entity of private law enrolled as number nº 28.115.060/0001-79 in the National Registry of LegalEntities (“CNPJ”), in the Trade Office of the state of Rio Grande do Sul, located at room 113 and 115, AvenidaSAP, nº. 151, UNITEC III, TECNOSINOS, in the city of São Leopoldo, Zip Code 93.022-718.

PLATFORM: system constituted by Web and Mobile applications, offered, owned, and operated by DESKFY, which allows allUSERS to view and use the services offered by DESKFY.

USERS: Legal entity registered at the PLATFORM, or the individuals indicated by it, who access the PLATFORM or use the services offer by DESKFY through the PLATFORM.

DATA PROCESSING: Means any operation or set of operations which is performed by DESKFY using USER´S personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

PERSONAL DATA: Means any personal information collected from an individual that identifies a natural person concerning an identified or identifiable natural person.

GDPR: Refers to the Regulation (EU) 2016/679 (General DataProtection Regulation).

LGPD: Refers to Brazilian Ordinary Law number 13.709/2018.

2. AGREEMENT:

This instrument regulates the conditions of use of PLATFORM, and it is a contract between USERS and DESKFY. The use and / or access to our services expressly indicates that you agree to all the terms and conditions contained in this instrument and the legal provisions applicable to the document.

YOU UNDERSTAND AND AGREE THAT DESKFY WILL CONSIDER THE USE OF THE SERVICES PROVIDED ON THE PLATFORM AS ACCEPTANCE OF THESE TERMS OF USE AND SERVICES AND ALL OTHER RELEVANT LEGAL PROVISIONS.  

BY ACCEPTING THE TERMS OF THIS INSTRUMENT, YOU EXPRESSLY AUTHORIZE THE PROCESSING OF YOUR DATA BY DESKFY IN ORDER TO ENSURE THE OPERATION OF THE PLATFORM AND ITS FUNCTIONALITIES.

BY THIS DOCUMENT, THE USER AUTHORIZES DESKFY TO SHARE THE USER´S DATA WITH OTHER COMPANIES THAT ARE PART OF DESKFY´S ECONOMIC GROUP, OR ARE SERVICES PROVIDERS OF DESKFY

If you do NOT AGREE to the terms of this agreement, DO NOT access, view, download or use any DESKFY´S page, content, information, or service.

3. WHO WEARE AND WHAT WE DO:

DESKFY is a private company that provides an online PLATFORM, in which it is possible to create and disseminate online marketing material, as well as download it to the USER's computer, through an editor that has several tools and templates, simplifying and facilitating the creation of quality design for marketing.

4. GENERAL CONDITIONS OF USE:

DESKFY only provides a PLATFORM for customization and dissemination of marketing materials and, because of that, DESKFY´s responsibilities are restricted to the correct functioning of the PLATFORM and its functionalities according to this instrument. DESKFY does not hold any responsibility for the creation of the CONTENTS by the USERS.

DESKFY has no relationship with registered USERS, and it is not possible to hold DESKFY liable for any damages caused by USERS to other USERS or to third parties during the use of the features available on the PLATFORM.

After the registration process, the USERS will be able to use all services available on the PLATFORM, declaring, for this purpose, that they have read, understood and accepted all the clauses contained in this Terms of Use and Services.

The USER undertakes to use the PLATFORM´s functionalities in good faith, in accordance with morals and good customs.

The USER expressly acknowledges that the PLATFORM´s intellectual property rights are not the subject of this term. All intellectual property and economic rights of the PLATFORM remain exclusively with DESKFY, being prohibited the use of the PLATFORM by third parties without the prior notice of DESKFY.

The USER is solely responsible for the security of its password and for the use of its account. We do not recommend that you share your information with third parties and, if your information get hacked or lost, you will have to immediately inform DESKFY to resolve the issue.

Only the USERS can be responsible for any damages caused to third parties, to other users, to the PLATFORM, or to DESKFY arising from the use of the PLATFORM´s functionalities.

DESKFY will not be liable for any damages incurred by USERS due to the eventual unavailability of the PLATFORM. The availability of any and all CONTENT created by the USERS, while using the features available on the PLATFORM, is restricted to the availability of the PLATFORM itself, and DESKFY does not bear any responsibility for any damages caused to the USERS dueto the possible inaccessibility of the CONTENT caused by the unavailability of the PLATFORM .

5. REGISTRATION: 

The services offered by DESKFY are available to legal entities duly registered.

In order to the companies become users of the PLATFORM, they will have to inform to DESKFY the following information: name, registration number, how many people are part of their marketing team, what is your market segment and how many stores, franchises or resellers the company has.

Once the USER is registered, to register its employees or its services providers, who also will be consider an USER, the following data will have to be inform to DESKFY: (i) full name; (ii) e-mail; (iii)password; and, (iv) post.

For the regular use of the PLATFORM, the USER must register, filling in all the data requested during registration process. 

The USERS are responsible for providing truth and updated data toDESKFY that, in turn, will not be legally responsible for any untruth, illegal or incorrect information transmitted by the USERS.

DESKFY reserves the right to use all valid and possible means to identify its USERS, as well as to request additional data and documents that DESKFY estimates important for the registration process. In this case, the use of the PLATFORM by the USER is conditioned to the sending of the documents eventually requested.

If a registration is considered to be suspicious or erroneous or untrue data, DESKFY reserves the right to suspend, temporarily or permanently, without prior notice, the USER responsible for the registration. In the event of suspension, the USER will not receive any kind of indemnity or compensation for damages.

The USER may have access to the information collected and about the DATA PROCESSING by sending an e-mail to contact@deskfy.io. The USER can edit or delete its information at any time.

USER´s data collection aims to identify the USER, as well as enable the USER to correctly use the PLATFORM, and as such, to allow DESKFY to guarantee the good quality of its services.

All USERS that have registered individual in the PLATFORM, whether they are employees or service providers of the USERS, are responsible for obtaining the individual's prior consent before registered or transmit any information to DESKFY, as well as to ensure that the individual becomes aware of the terms of this agreement.

By consenting to the terms of this instrument, the USERS expressly declare to be aware that the collection of their data is essential for the functioning of the PLATFORM, authorizing the processing of their data by DESKFY.

It is expressly forbidden to create more than one registration per USERon the PLATFORM, except in the form described in this document.

In the event of multiple registrations of the same USER, DESKFY reserves the right of deactivating all existing registrations in the name of this USER, without compensation or prior notice. In this case, the USER will not be able to register again in the PLATFORM.

DESKFY offers the possibility for USERS to use the PLATFORM free of charge for 30(thirty) days. To do so, the USERS will have to provide to DESKFY the following data: name, email, password, and post.

The USERS will be able to access their registration on the PLATFORM by using their login and password, committing themselves not to inform these data to third parties, being fully responsible for the use of them.

The USERS undertake to notify DESKFY immediately, through the contact channels maintained by DESKFY on the PLATFORM, regarding any unauthorized use of their accounts. The USERS will be solely responsible for the operations carried out on their accounts.

The USER undertakes to notify DESKFY, through the contact channels maintained by DESKFY on the PLATFORM, about any irregularities or conducts that occasionally could cause damage to the PLATFORM, to the USERS, to DESKFY or to third parties.

Under no circumstances will the USER´S registration be sale, rented or other transferred.

DESKFY may, at its sole discretion, exclude, disable, create limits on the use of the service, suspend, block, for an indefinite period of time, without prior notice or indemnity consideration, USERS registrations that are considered offensive, which violate the terms of this instrument or the legislation in force.

DESKFY reserves the right to not allow a new registration of USERS that have already been disabled, blocked, excluded, or suspended from the PLATFORM.

DESKFY reserves the right to, unilaterally, without prior notice, consent, or indemnity, refuse any request to register a USER on the PLATFORM, as well as to cancel, disable, block, delete or suspend a previously accepted registration.

By agreeing to this instrument, the USERS declare to be aware that they are solely responsible for their registration, being certain that any damage caused by the insertion of outdated, inaccurate or untrue information, cannot be attributed to DESKFY or to the PLATFORM.

6. FUNCTIONALITIES:

The PLATFORM offers to the USERS the following functionalities:

a. Create, edit, save and export your artwork from customizable templates or create your own;

b. Editor with ready options of texts, icons, elements and textures;

c. New color palettes;

d. Upload new sources and images with a total limit of 300 mb;

e. Integration with the entire third-party tool image library;

f. Sharing the arts with other USERS;

g. Editing features for: color, position, size, text font, text size and transparency;

h. Download art in PDF,PNG, PNG transparent formats and optimization for screens;

i. Creation of standard post for several Social Medias;

j. Creation of cover for social networks;

k. Synchronization of the PLATFORM with Social Medias to publish the arts directly from the PLATFORM;

l. Online chat for support;

m. Creation of folders and business card;

n. Different levels of access for USERS: Administrator, Designer and User.

Regarding access levels for USERS, it is up to:

(i) Administrator: invite and manage the other USERS. The Administrator is responsible for the permissions and settings of the artwork. In addition, the Administrator has access to data and usage insights.

(ii) Designer: Creates and makes available customizable templates, categories and manages colors, logos, images, and brand assets.

(iii) Regular User: Edit and consume templates by following the brand identity, share the artwork with other users and consume the brand assets.

The availability of the PLATFORM functionalities, as described above, will depend on the account chosen and contracted by the USER withDESKFY, available at www.deskfy.io.

DESKFY may, at anytime, without the need for prior notice, or compensation, edit or exclude existing features, as well as add new features to the PLATFORM.

7. TECHNICAL SUPPORT:

DESKFY will provide support to USERS through online chat, to be accessed by the USERS through the PLATFORM itself, or via email to contact@deskfy.io. In support requests via e-mail, DESKFY will have a deadline of 72 (seventy-two) business hours to respond.

8. PAYMENT METHODS:

For the payment of purchases made through the PLATFORM, the USER must choose one of the following methods:

a)     Credit Card VISA; or,

b)     Credit CardMASTERCARD; or,

c)     Credit Card AMERICANEXPRESS; or,

d)     Credit Card DINNERSCLUB; or,

e)     Credit Card ELO; or,

f)      Credit Card DISCOVER; or,

g)     Bank slip; or,

h)     Bank transfer.

To process payments by credit card, it will be necessary that the USER register the following data of the chosen card in the PLATFORM:

a)     Credit Card holder name;

b)     Credit card number

c)     Credit Card Banner(VISA, MASTERCARD, AMERICAN EXPRESS, DINNERS CLUB, ELO, DISCOVER);

d)     Credit CardExpiration (Month and Year);

e)     Security number.

The payments will be processed through the Conta Azul Platform and all USERS must also read and accept the terms of use and services of the Conta Azul Platform through the following electronic address: https://contaazul.com/.

By hiring DESKFY´s services, the USER expressly indicates that he has read and accepted all the conditions present in this instrument and in the terms of use and specific services of the Conta Azul Platform.

Any contestation of payments made through the Conta Azul platform must be resolved between the USERS and Conta Azul. DESKFY will not be responsible or the processing of payments.

The ContaAzul Platform may charge fees for its use, and it is up to the USER to inquire Conta Azul about the amounts charged.

The payment data provided by the USERS will be saved in the DESKFY´s and Conta Azul´s database.

The USER may request the exclusion of its data from the DESKFY´s database, after the transaction has been completed, and must, therefore, inform when requested by the PLATFORM that the payment data will be used only in an specific transaction, not being necessary to be saved for subsequent transactions.

DESKFY is only responsible for deleting the payment data provided by the USER from its own database, declaring the USER to be aware that it is not DESKFY's responsibility to promote the exclusion of the USER´s payment data from the Conta Azul database.

9. PRIVACY POLICE AND DATA PROCESSING: 

During the use of the PLATFORM by the USER, DESKFY will collect and store the information provided by the USERS, under the terms of this instrument, together with automatically generated information, such as: the characteristics of the access device, browser, application access records ( IP, with date and time), information accessed, screens accessed, geolocation data, application history, among others, of USERS, which will be stored in DESKFY´s database and also in the browser cookie.

The data collected from USERS by DESKFY will be used for the adequate provision of services, for the purpose of improving the navigation of the USER, as well as for advertising and statistical purposes.

The USER declares to understand, accept, and consent that all data collected through thePLATFORM are treated, by DESKFY or by DESKFY´s services providers, such as:

(i) ContaAzul that can be contacted by calling 0800 600 0920;

(ii) AWS that can be contacted through the linkhttps://aws.amazon.com/pt/contact-us/?nc1=f_m;

(iii) Google Analytics that can be contacted through the link:https://support.google.com/analytics/troubleshooter/3045965?hl=pt-BR;

(iv) Hotjar that can be contacted through the link: https://help.hotjar.com/hc/en-us/requests/new;

(v) Intercom that can be contacted through the link https://www.intercom.com/;

(vi) Sentry that can be contacted through the link https://www.sentry.com.br/; e,

(vii) Coview that can be contacted through the link https://www.coview.com/.

All data provided by the USER to DESKFY, through the use of the PLATFORM, will be considered confidential by DESKFY, and DESKFY undertakes to adopt all efforts in order to preserve the security of its systems in keeping such data, in compliance with the standards security measures established in the applicable law, such as:

(i) Use of standard methods to encrypt the data collected, in addition to other standard forms of encryption, to ensure its inviolability;

(ii) Use of high technology software to protect the data collected against unauthorized access through systems, which are considered controlled and secure environments;

(iii) Provision of controlled access to personal data storage locations only to persons previously authorized and authenticated, committed to the confidentiality of such data;

(iv)Application of authentication mechanisms for access to records capable of individualizing the person responsible for processing and accessing the data collected as a result of using the PLATFORM;

(v)Anonymisation of USER´s data when shared with third parties; and,

(vi)Maintenance of the inventory indicating the time, duration, identity of the employee or person responsible for access and the object file, based on the connection and application access records.

USERS data, collected by DESKFY, through the PLATFORM, may be shared with third parties, in the cases listed below:

(i) When necessary for the commercial activities of DESKFY, and the companies of its economic group, to enable the provision of services offered through the PLATFORM.

(ii) For the protection of DESKFY's interests in the event of conflict, including in lawsuits;

(iii) In the case of transactions and corporate changes involving DESKFY, in which case the transfer of data will be necessary for the continuity of the services offered through the PLATFORM;

(iv) By court order or at the request of administrative authorities that have legal competence for it.

DESKFY guarantees to the USERS, regarding the processing of USERS personal data, the following rights:

(i)Confirmation of the existence of the processing of USERS personal data;

(ii) Access to your data collected by DESKFY, through your own login or upon request to contact@deskfy.io;

(iii)Correction of your data, if it is incomplete, inaccurate or out of date;

(iv) Blocking or eliminating unnecessary data or data that is processing in non-compliance with the applicable legislation;

(v) The portability of personal data, upon express request made by the USER to DESKFY,through contact@deskfy.io;

(vi) The elimination of the personal data processed with the USERS consent, provided that there is no legal determination to keep the personal data registered with DESKFY;

(vii)Obtaining information about public or private entities with which DESKFY shared its data; and,

(viii)Information about the possibility and consequences of denying authorization and consent to data processing by DESKFY.

The USER may send an email to contact@deskfy.io with its doubts and or requests related to its personal data.

DESKFY may delete the personal data collected from USERSin the following cases:

(i) When the purpose for which they were collected is achieved; or, when they are no longer necessary or relevant for the purpose, according to the purposes described in these Terms of Use and Privacy Policy;

(ii) When theUSER revokes its consent, in cases where it is necessary, requesting exclusion by e-mail to contact@deskfy.io; or,

(iii) If determined by the competent authority.

The USER will not do, try to do, or help anyone to do any type of reverse engineering or attempt to access the source code and structure of the database, in relation to the PLATFORM.

USERS comments and suggestions are very welcome and may generate innovations or implementations that can be incorporated into the PLATFORM, but this will not give the USER any kind of rights over them. The USER does not have and will have no direct or indirect ownership or participation in the PLATFORM.

Although DESKFY chooses the world's leading data security service providers, DESKFY will not has any responsibility for any possible hacker attacks or failure of security technologies that could cause information exposition.

DESKFY protects all USERS personal data using standards of technical and economically reasonable care considering the current technology of the Internet. The USER acknowledges that there cannot be any expectation as to the total security on the Internet against invasion of websites or other irregular acts.

DESKFY reserves the right to provide USER´S data and information, as well as the entire system used on the PLATFORM, to its technical team, which may be formed by DESKFY´s employees or services providers, in which case they will be responsible for managing the security and reliability of the PLATFORM and USER´s data.

All members of the technical team, whether employees or outsourced company, will sign a confidentiality agreement, declaring that they are obliged to keep all commercial, accounting, administrative, technological, infrastructural, technical information in absolute secrecy, that is, any data mutually disclosed in due to the maintenance of the PLATFORM´s functioning and safety, refraining from using them for their own benefit or that of third parties, committing themselves to ensure that their partners, employees with an employment relationship and third parties of their trust, informed of this obligation, also do it.

The USER authorizes its registered information to be published for other USERS registered on the PLATFORM, as provided in this instrument.

All USERS declare to be the owners of all copyrights on the information and the content eventually made available on the PLATFORM, giving and partially transferring to DESKFY all copyrights related, free of charge, without any of this being due by DESKFY.

All USERS declare that, if they are not the holder of all copyrights applicable to the information and the contents made available on the PLATFORM, they are authorized to assign and transfer to DESKFY, all copyrights and related incidents, free of charge, without being due. by DESKFY any remuneration.

The USERS transfer to DESKFY, for all purposes and effects and in the best form of right, free of charge, partial, irrevocable, irreversible and non-exclusive, copyright and related incidents, related to the information and the contents made available and created on the PLATFORM, for an indefinite period, therefore, the USERS assume the responsibility of keeping DESKFY immune from the effects of any eventual claim based on the ownership of the information or the content transferred to DESKFY.

DESKFY reserves the right to use all data, information and content inserted and created on the PLATFORM by USERS, as it sees fit, in any form, including commercial exploitation, reproduction, dissemination, media production or any other means provided by law.

USERS assume full civil and criminal liability about the contents made available and created on the PLATFORM, including before third parties.

The USERSwill be responsible for answering any judicial or extrajudicial inquiries, made by a third party, about claims of copyright or related incidents about the information or about the contents made available and created on the PLATFORM.

It is the exclusive competence of the Brazilian Justice to reasonably request DESKFY to provide the USER's personal data that is proven to disrespect the terms and conditions contained in this instrument and the legal provisions applicable to the species, reserving DESKFY the right to provide Justice and legal bodies. the USER's personal data are competent when reasonably required.

10.GENERAL:

Any clause or condition of this instrument that, for any reason, is deemed null or ineffective by any court or tribunal, will not affect the validity of the other provisions of these Terms, which will remain fully valid and binding, generating effects to their maximum extent. 

If DESKFY fail to demand any rights or provisions of these Terms, this fact will not create a waiver and the latter may regularly exercise its right, within the legal timeframes.

All materials, patents, trademarks, records, domains, names, privileges, creations, images and all the related rights related to the PLATFORM and developed by DESKFY, are and remain the sole and exclusive property of DESKFY.All USERS agree to not perform any act or fact that, in any way, undermines the rights set forth herein, nor does it claim any right or privilege over them.

DESKFY may change this instrument at any time, just by publishing a revised version on our website. For this reason, we strongly recommend that you always visit this section of our Site, reading it periodically. But, to contribute to the good relationship, we will also send an email informing you about these changes.

This instrument constitutes the full understanding between the USER and DESKFY and is governed by the Brazilian Laws, with the jurisdiction of the city of Porto Alegre / RS being elected as the only competent body to resolve issues arising from this instrument, with express waiver of any other forum, however privileged it may be.

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