This is a courtesy translation. In case of any discrepancy, the Portuguese version prevails.
These Terms govern access to and use of the DPO Privacy platform. They set out the scope of the service, the responsibilities of the parties, the commercial terms, the rules on data protection and intellectual property, and the competent jurisdiction.
Where a specific contract or commercial proposal has been executed with the contracting organization, that instrument prevails over these Terms to the extent that it provides otherwise.
Parties and definitions
1.1. The DPO Privacy platform is made available by SYNTEZ LAB DESENVOLVIMENTO DE SOFTWARE LTDA, registered with the CNPJ (Brazilian National Registry of Legal Entities) under No. 68.825.766/0001-49, with its registered office at Rua Pais Leme, nº 215, conjunto 1713, Pinheiros, São Paulo/SP, CEP 05424-150.
1.2. For the purposes of these Terms:
- Contracting Party
- The legal entity that contracts access to the platform.
- User
- The natural person authorized by the Contracting Party to access the platform on its behalf.
- Customer Data
- The information entered into the platform by the Contracting Party or by its Users.
- Contractual Documents
- These Terms, the commercial proposal or the specific contract, the Data Processing Agreement, the Privacy Policy and the Security Page.
Acceptance
2.1. Access to the platform depends on the express acceptance of these Terms. The person who accepts them represents that they have the authority to bind the Contracting Party.
2.2. Each User, upon accessing the platform for the first time, declares that they are aware of these Terms and undertakes to comply with them.
Subject matter
3.1. DPO Privacy makes available, on a software as a service basis, privacy governance and personal data protection features, such as:
- Inventory of processing operations
- Process mapping
- Risk management and impact assessments
- Handling of data subject requests
- Third-party and incident management
- Recording of evidence
3.2. The features, usage limits and number of Users contracted are defined in the commercial proposal or in the contracted plan.
3.3. DPO Privacy may improve, modify or replace features, provided that there is no substantial reduction of the essential features contracted during the term of the contract.
Nature of the service
4.1. The platform is a tool to support privacy and data protection management and does not constitute legal advice. Decisions on the compliance of the Contracting Party's activities, including with respect to legal bases, risk assessments and communications to authorities, remain its sole responsibility.
4.2. The use of the platform does not, in itself, ensure the Contracting Party's compliance with applicable law.
Artificial intelligence features
5.1. The artificial intelligence features are optional and remain disabled until an express decision by the Contracting Party.
5.2. The suggestions generated are ancillary in nature, may contain inaccuracies and must be validated by a qualified professional before any recording or decision. The platform records the User responsible for the validation.
Accounts, credentials and access
6.1. The Contracting Party is responsible for:
- Designating the administrators and Users
- Keeping registration data true and up to date
- Revoking, in a timely manner, the access of Users who have left
6.2. Credentials are personal and non-transferable. The Contracting Party is liable for the activities carried out with its Users' credentials and must immediately notify DPO Privacy of any suspected misuse.
Acceptable use
7.1. It is prohibited to:
- Use the platform for unlawful purposes or in breach of these Terms
- Attempt to gain unauthorized access to the platform, its systems or the data of other organizations
- Reverse engineer, decompile or attempt to extract the source code of the platform
- Extract, by automated means, content, structures, workflows or methodologies from the platform
- Use the platform, its content or its methodology to develop a competing product or service, or to carry out comparative analyses intended for third parties without prior written authorization
- Share credentials or make the platform available to unauthorized third parties
- Introduce malicious code or perform any act that compromises the security or availability of the service
7.2. Breach of this clause authorizes the immediate suspension of access, without prejudice to other applicable measures.
Intellectual property
8.1. The platform and all its elements belong exclusively to DPO Privacy or its licensors and are protected by intellectual property law. This includes software, code, interfaces, workflows, questionnaires, methodologies, templates, documentation, trademarks and other elements.
8.2. The contract grants the Contracting Party a non-exclusive, non-transferable license of use limited to the term of the contract, without any assignment of rights.
8.3. Customer Data belongs to the Contracting Party. DPO Privacy uses it exclusively to provide the service, under the terms of the Data Processing Agreement.
8.4. Suggestions and comments about the platform may be freely incorporated by DPO Privacy, without giving rise to any obligation or remuneration to the Contracting Party.
Personal data protection
9.1. With respect to Customer Data, the Contracting Party acts as controller and DPO Privacy as processor, under the LGPD (Brazilian General Data Protection Law, Law No. 13,709/2018). The processing is governed by the Data Processing Agreement, which forms part of these Terms.
9.2. The Contracting Party represents that it has an appropriate legal basis to enter personal data into the platform and is responsible for the lawfulness of such processing.
9.3. Personal data processed by DPO Privacy as controller, such as registration and billing data, are governed by the Privacy Policy.
Confidentiality
10.1. The parties shall keep confidential the confidential information to which they have access by reason of the contract and shall use it exclusively for the performance of the contract.
10.2. The confidentiality obligation survives for 5 years after the end of the contractual relationship.
Availability and support
11.1. DPO Privacy will use technical and commercially reasonable efforts to keep the platform continuously available, except for scheduled maintenance, notified in advance, and interruptions resulting from acts of God or force majeure.
11.2. Specific service levels and support channels, where applicable, will be defined in the commercial proposal or in the contract.
Commercial terms
12.1. The amounts, billing frequency and payment methods are defined in the commercial proposal or in the contracted plan.
12.2. The amounts will be adjusted annually according to the variation of the IPCA/IBGE or of another index provided for in the contract.
12.3. Other price changes will be notified at least 30 days in advance and applied from the following cycle.
12.4. Late payment subjects the Contracting Party to:
- A fine of 2%
- Late payment interest of 1% per month
- Monetary adjustment
12.5. If the default persists for more than 15 days after notice, DPO Privacy may suspend access until the situation is regularized.
12.6. Applicable taxes are the responsibility of the party to which the law assigns them.
Term, cancellation and termination
13.1. The contract remains in force for the term defined in the commercial proposal or in the contracted plan and is automatically renewed, unless notice to the contrary is given at least 30 days in advance.
13.2. In the event of cancellation, access is maintained until the end of the cycle already paid, without any pro rata refund, unless otherwise provided in the contract.
13.3. Either party may terminate the contract in the event of a material breach not remedied within 15 days after notice.
13.4. After termination, Customer Data will remain available for export for 30 days. Thereafter, it will be deleted, except in the cases of retention provided for by law and in the Privacy Policy.
Limitation of liability
14.1. DPO Privacy is not liable for:
- Decisions made by the Contracting Party based on the information recorded on the platform
- Content entered by Users
- Indirect damages, loss of profits or loss of opportunity
14.2. DPO Privacy's total liability is limited to the amount actually paid by the Contracting Party in the 12 months preceding the event giving rise to the damage.
14.3. The limitations in this clause do not apply to cases of willful misconduct or to the other cases in which the law prohibits such limitation.
Amendments to these Terms
15.1. These Terms may be updated. Material changes will be notified to the Contracting Party at least 30 days in advance.
15.2. If it disagrees with the changes, the Contracting Party may terminate the contract before they take effect, at no cost.
General provisions
- Neither party is liable for any breach resulting from acts of God or force majeure, pursuant to Article 393 of the Código Civil (Brazilian Civil Code, Law No. 10,406/2002).
- Tolerance of the breach of any obligation does not constitute a waiver or novation.
- The Contracting Party may not assign the rights and obligations arising from these Terms without the prior written authorization of DPO Privacy.
- Communications between the parties will be made through the registered email addresses.
- Any invalidity of a provision does not affect the remaining provisions.
Governing law and jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the judicial district of São Paulo/SP are elected to settle any disputes, to the exclusion of any other, however privileged it may be.
Contact
Questions about these Terms may be sent to contato@dpoprivacy.com.br.
Related documents: Privacy Policy, Data Processing Agreement and Security Page.