1. Acceptance of Terms

2. Site Access and Use

2.1. Through the website [www.engemon.com.br], the user will have access to relevant information on subjects related to ENGEMON and the services it offers, such as: technology, innovation and know-how in engineering, among other subjects related to its performance in the market.

2.2. By filling out the form, the User declares to be of legal age or to be between 16 (sixteen) and 18 (eighteen) years old, being duly authorized by his legal guardian, who will be responsible for any damages that the User may cause, whether civil or criminal.

2.3. The user hereby acknowledges that he/she is the sole responsible for the truthfulness of the information provided to ENGEMON when registering and/or accessing the Site, and ENGEMON shall not be liable for the truthfulness of the information provided, as well as for any damages resulting from the inaccuracy and/or outdating of such information.

2.4. Furthermore, the user understands that ENGEMON may, at its sole discretion, carry out the searches it deems necessary in order to verify any incorrect, untrue or outdated data, as well as request additional data and/or documents it deems pertinent, in order to verify the registration information provided by the user.

2.5. If ENGEMON decides to check the veracity of the user’s registration information, and finds incorrect, untrue and/or outdated information, or if the user refuses to provide the required information, ENGEMON may, at its discretion, temporarily or permanently suspend the user’s access to the site and the sending of advertising content, without prejudice to other measures it deems necessary and appropriate.

2.6. After providing the requested information, ENGEMON will include the user’s name and e-mail address in the automatic mailing list for advertising material to be used to promote the contents available on the Site, for which the user hereby grants its authorization.

3. Rules for Site Use

3.1. By accepting the present Terms, the User declares that:

a) Is legally capable under Brazilian law, or is duly authorized by his legal guardian to accept the present Terms and use the Site;

b) Is aware that it is solely and exclusively responsible for the completion of your registration, and that any losses resulting from the insertion of outdated, inaccurate or untrue information cannot be held against ENGEMON;

c) By its own initiative, accepts and assumes responsibility for any consequences resulting from its use of the information made available on the Site, being responsible, including before third parties, for any claim presented to ENGEMON, in or out of court, due to any moral and/or material damage resulting from its conduct when using the Site;

d) Understands that the Site shall not be used for any illicit purposes, and that the Brazilian legislation in force at the time shall be observed;

e) Is aware that it may not insert any illicit content and/or content that may violate ENGEMON’s and/or third parties’ rights in the Site, especially in comments about the published content;

f) Is aware that it may not insert any content or material capable of incorporating harmful elements to the Site, by any means and forms, that may impede its normal operation, as well as harm ENGEMON’s or third parties’ computer systems, and/or damage documents and/or electronic files stored therein; and

g) Is aware that it must notify ENGEMON immediately, via e-mail to marketing@engemon.com.br, of any unauthorized use of personal data, account or unauthorized access by third parties.

3.2. The User acknowledges that he/she is, in any case, the sole responsible for the use he/she makes of the Site, as well as for any content he/she inserts in it, exempting ENGEMON from any liability for damages, direct or indirect, resulting from his/her use of the information made available through the Site.

4. Handling of Personal Data

4.1. When registering to receive the contents provided by the Site, as well as when sending personalized advertising, ENGEMON will collect and store the information actively provided by the user, such as name and e-mail, together with information automatically generated, such as the characteristics of the access device, browser, Internet Protocol (IP, with date and time), information accessed, screens accessed, geolocation data, application history, among others.

4.2. The user’s data, collected through the use of the Site, will be used for the adequate provision of services offered by ENGEMON, for the provision of Content, in order to improve the user’s browsing experience, as well as for advertising and statistical purposes.

4.3. Also, considering that one of the purposes of the Site is to bring the user and ENGEMON closer together, the personal data provided and the data stored will also be used to compare the user’s visit history to articles published, to analyze his possible interest in subjects related to ENGEMON’s business activities, and to send targeted advertising, according to the user’s preferences.

4.4. The User understands that all the data collected through the Site is considered confidential by ENGEMON, and ENGEMON undertakes to adopt all reasonable market efforts in order to preserve the security of its systems in the safekeeping of such data, among them the observance of the guidelines on security standards established in Decree No. 8,771/2016, such as:

a) Use of industry standard methods for encrypting and anonymizing the collected data, as well as other standard forms of encryption, to ensure its inviolability;

b) Use of high-tech software to protect against unauthorized access to the systems, which are considered controlled and secure environments;

c) Providing access to personal data storage locations only to previously authorized persons, committed to the secrecy of such data, including by signing a confidentiality agreement;

d) Application of mechanisms of authentication of access to the records capable of individualizing the person responsible for the treatment and access of the data collected as a result of the use of the Site; and,

e) Maintenance of the inventory indicating moment, duration, identity of the employee or person responsible for the access and the object file, based on connection and application access records, as determined in article 13 of Decree No. 8,771/2016.

4.5. The user also understands that ENGEMON may share the data collected through the Site with third parties in the cases listed below:

a) When necessary for ENGEMON’s commercial activities, for example, with advertising companies, profiling, among others;

b) To protect ENGEMON’s interests in case of conflict, including in legal disputes;

c) By judicial order or at the request of administrative authorities that have legal competence for its requisition.

5. User’s Rights Regarding the Processing of Personal Data

5.1. ENGEMON guarantees the user, with regard to the processing of his personal data, the following rights:
a) The confirmation of the existence of processing of your personal data;

b) Access to your data collected by the Site;

c) The correction of its data, in case they are incomplete, inaccurate or outdated;

d) The blocking or elimination of unnecessary, excessive data or data handled in violation of the applicable Brazilian legislation;

e) The deletion of personal data processed with your consent;

g) Obtaining information about public or private entities with which ENGEMON has shared its data; and,

5.2. In this sense, in order for the User to exercise his/her rights, he/she can simply send an e-mail to the address marketing@engemon.com.br pointing out your doubts and/or requirements related to your personal data, being certain that ENGEMON will use its best efforts to assist you in the shortest possible time.

6. Deletion of Information Collected on the Site

6.1. ENGEMON will delete the information collected when:

i) the purpose for which the information was collected is achieved or when the data is no longer necessary or relevant for the achievement of this purpose, as described in these Terms;

ii) upon revocation of consent by the User, in cases where this is necessary; or

iii) upon determination by the competent authority.

6.2. The User may also request the deletion of his/her collected data, through the e-mail marketing@engemon.com.br, informing your request. ENGEMON will make every effort to fulfill orders in the shortest possible time.

6.3. In this sense, the user understands that the deletion of certain data will result in the termination of the receipt of the Content, without any compensation being owed by ENGEMON, due to such deletion.

6.4. In case of a deletion request, the minimum information storage period determined by the Brazilian legislation will be respected.

7. Intellectual Property

7.1. All texts, images, photographs, trademarks, logos, icons, technologies, links and other audiovisual or sound content made available on the Site, including graphic designs and source codes, are the exclusive property of ENGEMON and are protected by international laws and treaties, with their copy, reproduction, or any sort of use subjecting the perpetrators to the civil and criminal sanctions provided in Laws 9.279/96, 9.609/98 and 9.610/98.

7.2. The User understands that the trademarks, trade names or logos of any kind presented through the Site are property of ENGEMON or a third party that has allowed their use, so that merely accessing the Site does not imply authorization for the User to quote such trademarks, trade names and logos.

7.3. If the User wishes to reproduce or quote the content made available on the Site to third parties, he must always quote the Site as the source, following the example below: ‘Site www.engemon.com.br. [Headline]. Available in: [data]. Accessed in: [data]’.

7.4. If the User identifies the violation of rights related to intellectual property, he/she may send a complaint through e-mail marketing@engemon.com.br, for ENGEMON to investigate the situation indicated, and take the necessary measures to investigate and resolve any irregularity.

8. Disclaimers

8.1. In addition to the disclaimers stated in these Terms, the user declares that ENGEMON shall not be liable for:

a) for any and all unavailability, errors or faults presented by the Site, as well as for any misuse that the User may have attributed to the Site, for its fallibility, or for any difficulty in accessing it;

b) for errors or eventual inconsistencies in the transmission of data, the quality or availability of the Internet connection, which prevent the proper use of the Site;

c) for the presence of viruses or other harmful elements in the Site, capable of causing alterations to its computer systems (software and hardware) or to electronic documents stored in its computer systems, excluding ENGEMON from any liability for any damages and losses resulting from any harmful elements inserted by third parties;

d) for damages of any nature whatsoever resulting from any knowledge that unauthorized third parties may have of any data provided by the Site, due to a fault exclusively related to the User or to third parties beyond any reasonable control of ENGEMON; and

e) for any untrue, outdated, or inaccurate data and/or information provided by the User when registering on the Site.

9. Sanctions

9.1. Without prejudice to other applicable measures, ENGEMON may, at its sole discretion, temporarily or permanently suspend the user’s account, initiating appropriate legal actions or suspending access to the Site’s information if:

a) It fails to comply with any of the provisions contained in these Terms;

b) ENGEMON has suspicions that the user practices or has practiced fraudulent or illegal acts; and

c) If it is not possible to verify the User’s identity, or if the data and information provided by him/her are incorrect.

10. Duration and Termination of Access

10.1. The Site will be available to the User for an indefinite period of time and ENGEMON reserves the right to modify, suspend or terminate access to the Site, at any time, without prior notice, and the User shall not be entitled to any indemnity whatsoever.

11. General Provisions

11.1. Any provision or condition of these Terms, which for any reason is found by any court or tribunal to be invalid or unenforceable, shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect to the fullest extent possible.

11.2. The failure of ENGEMON to enforce any rights or provisions of these Terms shall not constitute a waiver, and it may regularly exercise your right to do so within the statutory deadlines.

11.3. All communications made by the user to ENGEMON will be considered valid when made via e-mail marketing@engemon.com.br.

11.3.1. In this sense, all communications made by ENGEMON to the user will be considered valid when made through the e-mail address provided by the user when registering on the Site.

11.4. These Terms may be altered at any time, at the sole discretion of ENGEMON, in order to provide the User with greater security, provided there is no legal prohibition in this respect, and the version of this document will become effective when made available on the Site itself. The User shall only be informed of any changes resulting from a legal obligation.

11.5. Thus, the User understands that he/she must check the content of these Terms periodically, making sure that he/she has reviewed its most updated version, based on the date indicated at the end of the document.

12. Legislation and Jurisdiction

12.1. The present legal relationship is governed exclusively by the Brazilian laws, including eventual actions resulting from the violation of its terms and conditions.

12.2. The parties hereby elect the jurisdiction of the domicile of the User to resolve any doubts, questions or disputes arising from these Terms, renouncing any other, however privileged it may be.

Date of last update: 20.05.2020