V I V A S M I T H

Terms of Use
Welcome to the Viva Smith website and application, a service system offered by the private company Viva Inovação, a company registered with the CNPJ under the number 14.305.597 / 0001-97, through the vivainovacao.com website and its registered subdomains.

PLEASE READ AND MAKE SURE YOU HAVE UNDERSTANDED THE TERMS OF USE AND OUR PRIVACY POLICY BEFORE USING THE SERVICES.

Any doubts regarding the content of this Term must be questioned prior to the use of the Site, through the contact form provided by email. If you have not understood, do not hesitate to contact us.

By accessing or using the service, you agree to be bound by this instrument, and cannot claim for any purpose, in court or out of it, the ignorance of its content. The use of the Site and the application is prohibited for persons legally incapacitated or who are not in full agreement with any of the conditions established in our Terms of Use.

1. Previous Definitions
Through this Term, it is established that “Visitor” is someone who simply navigates through the Site, “Member” is someone who has opened an account on the Site and “Partner” is someone who provides services through the Site. The term “User” refers to either a Visitor, Member or Partner. In turn, “User Content” refers to all content (text, image, audio, video or any other form of media) sent by a User. Finally, “Services” refer to all the features and services made available to the User through the Site.

2. General Conditions
a) The Services object of these Terms consists of offering a platform that allows the User, from a few steps, to obtain productivity information from the automatic capture of cross-access data with salary data, among others, so that Viva Smith, from information technology, create graphs and reports to support decision making.

b) The provision of any service by Viva Smith presupposes the acceptance, by the User, of these Terms of Use, as well as the existence of civil capacity for contracting, so that any User must have read and understood all conditions of service provision , as well as agree with the terms established for the payment of the services provided.

3. Account and Access
a) The User will only have access to the services available on Viva Smith through registration, being necessary to inform, among other data, e-mail address and personal and non-transferable password. Each User must have a single registration that is linked to his CPF or CNPJ, and it is possible that Viva Smith excludes duplicate or invalid registrations.

b) Being responsible for the formation of his registration, the User is responsible, for all purposes, for the operations carried out on his account, which is why he undertakes not to inform his registration data to third parties, being fully responsible for the use made of them .

c) In case of loss of access data to the account, this must be informed immediately through the competent field, with the generation of new access data. Viva Smith will not be responsible for any action taken prior to that information.

d) The User is solely responsible for the veracity, integrity, legality and correctness of the data provided or shared by him during the use of any Viva Smith services and tools, and he is also responsible for keeping his records always up to date.

e) Viva Smith does not check the data entered by the User, the User being responsible for verifying the regularity of this information with the competent bodies, as well as with other sources that can serve as a means of attesting its veracity.

f) It is the prerogative of Viva Smith to certify the authenticity of its users, using all possible means for their identification, without prejudice to the request for documents and other complementary data. The User who refuses to provide such documents and data may have his account blocked unilaterally by Viva Smith until such obligations are fulfilled, without this creating any liability to the Users.

g) Each service contract will be carried out in a timely manner and linked to the account used for access. The User is solely responsible for the content they post, publish or otherwise make available in the Viva Smith environment, it being clear that the Users’ opinions do not reflect Viva Smith’s position.

h) Viva Smith reserves the right to disconnect the User from its account in case of non-compliance with the Terms of Use. Repeated conduct may lead to the termination of your account and the blocking of access and use of the service, which may prevent your subsequent return to the services offered, without any compensation whatsoever.

i) The services provided by Viva Smith are subject to constant updates and improvements to add new features or correct any flaws. In the meantime, there may be system interruptions, data loss and / or changes in Viva Smith functionality.

4. Data Use Policy, Privacy and Information Disclosure
a) Viva Smith, in the form indicated in this Term of Use and with its restrictions, undertakes to keep the confidentiality of registration data and other information provided by Users in their environment, whether these data are necessary or not for the provision of services, which is why the User authorizes the preservation of these data.

b) All data informed and stored in Viva Smith by Users may be collected and used for statistical purposes, especially but not only to improve the experience of using the Site, monitoring the use of its features, later modification of the Terms of Use, as well as as well as other measures that are necessary for the maintenance and security of the Viva Smith system. The combinations of data and information related to the production of resources by the Site will be stored by Viva Smith.

c) Under the terms of the Law, public or public domain data, which has not been expressly indicated as being confidential or whose acquisition has taken place through third parties, as well as those required by law, must not be considered as personal information. made available pursuant to a regulation or decision with judicial effects.

d) Although it is impossible to safeguard the data obtained by digital means in an absolute manner, Viva Smith will adopt the greatest efforts to protect the personal data of Users from unwanted access. The collected data will be stored indefinitely, even after providing the service or closing the access account, leaving the User free to request deletion from the Viva Smith database, when such data does not need to be kept due to Law.

e) Viva Smith will not be held liable in the event of criminal or illegal interception of the information contained in its database, nor regarding the possible misuse of that information.

f) The User declares to be aware that the services and contents may contain links to Sites or resources of third parties, so that Viva Smith does not guarantee the availability or accuracy of such Sites or resources.

f) The Viva Smith Site may use the data collection and navigation control feature through cookies, that is, with the installation of small files on the User’s device, which allow the personalization of the browsing experience and services. It is possible that some of the functionalities provided for on the Site depend on the installation of cookies, as well as navigation information on other pages may be collected in order to improve the provision of services, offer commercial and informative offers, whether through the Site, application or by e-mail, also linked to the advertising of goods and content, or to implement Viva Smith’s own security measures.

i) In the event of a court order or other reasonable requirement, based on legal grounds, arising from any content posted, published or otherwise made available by the User, the User’s registration data, such as name, address and IP, whenever necessary to stop the violation of these Terms of Use, violation of the rights of third parties, protection of the interests of Viva Smith or its Users.

j) The content created at Viva Smith comes from its users, which is why Viva Smith acts as a mere hosting intermediary and, as such, does not exercise prior editorial control over what is published. When posting public information on the Site, each User gives Viva Smith, in a definitive, irreversible and perpetual manner, all patrimonial copyright related to his User Content. The cancellation of your account on the Site does not imply revocation of this assignment.

k) Viva Smith may freely use its User Content in Brazil and abroad, including, but not limited to copying, modifying, adapting, translating, storing, reproducing it, broadcast it, distribute it, promote it, and allow third parties to do the same through their own channels.

l) The User is solely responsible for the Content and assumes all risks and responsibilities related to it, or its use, including any disclosure of information made that allows third parties to identify it. Viva Smith does not endorse or assume any responsibility for any User Content. Viva Smith assumes no responsibility for inspecting the Site for inappropriate content or conduct. Viva Smith may refuse to post, remove or restore any User Content at any time, without notice.

6. Responsibilities
a) By means of this Term, the User agrees that Viva Smith has no responsibility or obligation for the exclusion or failure in the storage or transmission of any content, resulting from operational failures, problems with internet connection and their servers, errors caused by the User or third parties, as well as hypotheses of fortuitous cases or force majeure.

b) Under no circumstances will the Viva Smith Site be liable for loss of profits, loss of an opportunity, the result of the judgment of the administrative appeal or losses or damages resulting from your use of this Site or its content. Use of this Site and its content is at the User’s own risk and risk.

c) Viva Smith is not responsible, in any way, for the improper or unauthorized use of its platform, whether through Partners or third parties, it being established that the Partner’s responsibility is personal for the services it provides.

d) The User, of any nature, will be liable to indemnify Viva Smith for all expenses, damages and losses that he causes to other Users or to the Site, including judicial and extrajudicial installments, which he causes, notably but not only in the face of noncompliance. of this Term of Use, with Viva Smith being entitled to a right of recourse in the event of any possible conviction, as well as the right to denounce the dispute.

e) In case of any problem related to the provision of services, duly communicated to Viva Smith by the User and effectively proven, it is agreed that the liability due by Viva Smith will be restricted to the value of the contracted services, which may be returned to the User or converted into credit to your account, for hiring a new service.

g) There will be no liability for Viva Smith due to the cancellation of the user account for violation of this Term of Use.

7. Restrictions on the Use of the Site and Services
a) The User undertakes to use all services and functionalities of Viva Smith only for the purposes indicated in this term, that is, obtaining the services or providing them, always with a duty to keep confidentiality regarding its content, under the penalties of the Law.

b) It is expressly prohibited to publish or transmit any content of a fraudulent, obscene, offensive, violent, discriminatory, defamatory, racial nature, including language or any act that violates the privacy, dignity and fundamental rights of the human being, to publish or transmit any and all content that infringes industrial or intellectual property rights, interferes with the functioning of the Site or the use of another Site user, publishes spam, pyramid schemes, advertising materials, chain, electronic waste, or mass messages, whether of a commercial nature or not, violate any applicable law, regulation, third party rights, these Terms of Use or the norms of good manners, promote false or misleading information, illegal activities or other inappropriate conduct.

c) The User is also prohibited, at any time, from adopting a programming routine that may interfere, damage, intercept or appropriate any system, data or personal information (for example, viruses, trojans, worms), request, register or process personal information of other users, manipulate service prices, maintain direct contact with other users outside the strict scope of the provision of services, scraping, connect or mirror the services, overburden or impair the provision of services, reverse engineer any part of the Site , decompile or disassemble the services, use any automated device, process or means (eg crawling, robots, spiders, etc.) to retrieve, index, steal, or access the Site or its content; or for any other purpose,

d) It remains forbidden to send any content anonymously or in a way that it is not possible to identify its authorship, edit, copy, record, reproduce, distribute, translate, publicly display, sell, exchange or in any way explore the Site or its content , include a photo in which there is one or more people in the foreground or in which there are other people, without your written consent.

e) The User is prohibited from removing copyright notices, preparing works derived from this service, reselling, releasing, licensing, selling, exhibiting or any other form of exploitation of the services offered by Viva Smith.

e) Violation of these Terms of Use subjects those responsible to the penalties of the Law, either by filing pertinent actions, or by direct means, including, but not only the cancellation of the user account, sending the data of the responsible to the competent authorities , with the imposition of civil and criminal liability arising from their acts.

8. Final Provisions
a) This Term of Use defines the terms of the contract signed between the User and Viva Smith for any and all issues related to the use of the Site, without prejudice to the application of the legal provisions in force in the Federative Republic of Brazil.

b) When using the Site or any of its subdomains, the User declares that he has read and agrees, without reservations or restrictions, with this Term of Use, regardless of whether or not he is a registered Member or Partner.

c) Viva Smith may, at any time and without prior notice, change or remove items from these Terms of Use, notably due to the need for updating corresponding to changes resulting from legislative changes. Any of these modifications in this Term produces immediate and effective effects after its publication on the Site, and the User who does not agree with its modification will send an email with their disagreement, under penalty of presumption of its tacit acceptance. The subsequent use of the Site’s services implies acceptance of the terms in force. Thus, it is recommended that the User review this Term frequently.

d) In case of refusal to accept the new terms, the User will have his contract with Viva Smith canceled, and the obligations contracted under the previous contract will remain in existence until they are resolved by the parties.

e) If any part of these Terms and Conditions is found to be invalid or unenforceable in accordance with applicable law, the invalid or unenforceable device will be deemed to be replaced by a valid and enforceable device that best matches the original device’s intent and all remaining agreed conditions will continue to produce their effects. The declaration of nullity of any condition will not harm the others, which will remain in force and must be fully complied with.

f) Failure to exercise any right or provision of the contract for mere liberality or disability does not mean a waiver of such right or provision, allowing its demand at any time.

g) Without prejudice to the definitions and exceptions contained in the Consumer Protection Code, the User and Viva Smith elect the District of Salvador – BA as the competent forum for discussion, compliance or interpretation of this term, with waiver of any other, however special whatever.

privacy policy
All of your personal information collected will be used to help make your experience on our website as productive and enjoyable as possible. The guarantee of the confidentiality of the personal data of the users of our website is important for Viva Smith. All personal information relating to members, users or visitors using Viva Smith will be treated in accordance with the laws in force in the country. The personal information collected may include your name, e-mail, phone and / or cell phone number, address, date of birth and / or others. The use of Viva Smith implies acceptance of this Privacy Agreement. Viva Smith reserves the right to change this agreement without prior notice. Therefore, we recommend that you check our privacy policy regularly so that you are always up to date.

1. Registration
To take advantage of additional Viva Smith features, you need to register with Viva Smith. This register is stored in a protected and confidential database. Any communication sent to your email will be through the periodic newsletter or the result of some action. Your email will not be shared. If you no longer wish to receive direct communications from Viva Smith, you can send a message through the contact form available on the website, requesting account cancellation. It may be that the exclusion and consequent cancellation do not occur immediately, due to the maintenance and / or updating of the active servers. However, if the closure takes longer than expected to take effect, the user may contact Viva Smith directly to inform them of their situation.

Cookies Policy
The use of certain cookies is necessary to perform basic functions on the Site. These cookies are essential for the execution of the website and are necessary to provide a pleasant experience when visiting the website. The Viva Smith platform may also use cookies to provide you with better services and products. These cookies are used, for example, to improve and personalize the website. From your point of view, this means that the Site can remember, for example. the language and country options you’ve made.

The Viva Smith platform also creates analytical profiles to discover, for example what is popular with users. Viva Smith analyzes where the content of the Site is accessed to help Viva Smith organize the Site for the best possible user experience. The size of the information store depends on the type of cookie used. Session cookies expire when the browser is closed, while persistent cookies have typical expiration dates between two months and a few years.

Compliance Policy
I. Objective To
establish the main guidelines and responsibilities related to the compliance function (compliance), aiming to disseminate the practice at all levels of the Viva Smith platform, demonstrating the importance of complying with regulatory standards, internal standards and Code of Ethical Conduct , for the purposes of managing compliance risk, in addition to presenting the structure of the Compliance Program.

II. Scope
All the partners and collaborators of the Viva Smith platform, as well as by all their respective administrators, collaborators and representatives linked to them.

In addition, the company defines its guidelines based on the guidelines provided for in this Policy, considering the specific needs and the legal and regulatory aspects to which they are subject.

III. Guidelines
1. On the compliance function, the Viva Smith platform:

1.1. It has an Integrity Program aimed at responsible action, in addition to meeting the requirements of regulatory and supervisory bodies and external self-regulatory agents.

1.2. It has communication channels with the administrators to report the results resulting from activities related to the compliance function, of possible irregularities or flaws identified.

1.3. It disseminates the culture of Compliance on the Viva Smith platform, by training employees and relevant third-party service providers in matters related to compliance.

1.4. It conducts its operations and makes business decisions in compliance with current legislation, regulations and provisions sanctioned by regulatory and supervisory bodies and external self-regulatory agents.

1.5. It evaluates and monitors the company’s adherence to the legal framework, the infra-legal regulation, the recommendations of the supervisory bodies, the Code of Ethical Conduct, the internal rules and other regulations that the company is obliged to observe.

1.6. Supports the investigation of reports received through the Ethics Channel.

1.7. Identifies, evaluates, reports and keeps up to date the list of compliance risks to which the company is exposed.

1.8. It has a qualified organizational unit, segregated from the business and audit areas, which acts independently, aiming to guarantee the full exercise of its activities in the company, so as not to generate conflict of interests.

1.9. It ensures the necessary resources for the identification, evaluation, measurement, response and timely reporting of matters related to compliance risk.

1.10. Ensures the elaboration of the Compliance Report, at least annually, and attached to it, the Integrity Program.

IV. Exceptions
Exceptions in the treatment of situations not provided for in this Policy, when applicable, will be assessed according to the company’s Corporate Governance model.

V. Consequence Management
Employees, suppliers or other stakeholders who observe any deviations from the guidelines of this Policy, may report the fact to the contact email of the board stipulated for this purpose, whether or not they can identify themselves.

Internally, the non-compliance with the guidelines of this Policy leads to the application of measures of accountability of the agents that do not comply with it according to the respective severity of the non-compliance, and in accordance with internal regulations.

SAW. Responsibilities
Administrators and Employees:
Observe and ensure compliance with this Policy and, when necessary, consult the stipulated board on situations that conflict with the guidelines described therein.

Business Area Managers:
Disseminate published legislation, as well as define action plans and deadlines for adherence and inform the Compliance Management.
Report to Compliance Management events that may bring compliance risks to the company, as well as establish internal procedures and controls to mitigate these.
Apply the guidelines of the Integrity Program in order to avoid, detect and stop the occurrence of irregularities, fraud and corruption.

Compliance Agents:
Survey and compile the risks inherent in the activities of their respective areas.
Evaluate and discuss preventive actions with the Compliance Management to minimize risks and implement actions.
Report to Compliance management events that may bring risks to the company.
Support the Risk Management and Compliance Department in disseminating the culture of Risk Management, Internal Controls and Compliance.

Risk Management and Compliance Department:
Coordinate the activities of Compliance, Risk Management and Internal Controls with the business and support areas, acting independently in the exercise of their functions.
Evaluate the Viva Smith platform’s adherence to the regulatory framework, the infralegal regulation, the recommendations of the regulatory bodies, the operational regulations established by the Flags, the Code of Ethical Conduct and the normative instruments.
Monitor the solution of the points presented in the report of non-compliance with legal and regulatory provisions prepared by an independent auditor.
Support the investigation of reports received through the Ethics Channel, when applicable.
Report to the Board of Directors and the Executive Board the levels of adherence to the regulations in force and the results of the risk assessment and compliance activities.
Develop training materials and normative instruments related to the topics: Compliance, Anti-Corruption and Code of Ethical Conduct, as well as acting proactively in the disclosure of the compliance culture.
Purchasing Directorate

VIII. Concepts and Acronyms
Compliance: derives from the English verb “to comply”, which means duty to comply, that is, to be in compliance and enforce laws, decrees, regulations, regulations and instructions applicable to the activities of the Viva Smith platform, which, in the hypothesis non-compliance, can lead to sanctions, financial loss and damage to reputation / image.

Compliance Program: set of processes, controls and internal procedures that ensure that the company adheres to the regulatory framework, the infra-legal regulation, the recommendations of the regulatory bodies, the operational regulations established by the Flags, the Code of Ethical Conduct and the normative instruments.

Integrity Program: it is part of the Compliance Program, being the set of internal processes, controls and procedures for compliance, integrity, auditing, incentive to report irregularities and application of the Code of Ethical Conduct, corporate governance guidelines, policies and standards that aim at preventing, detecting and mitigating deviations, fraud, irregularities and illicit acts against public administration, national or foreign.

Compliance Risk: represents the possibility that the institution may suffer legal or administrative sanctions, financial losses, reputational damage and other damages, resulting from failures in complying with and complying with the legal framework, infra-legal regulations, recommendations from regulatory bodies and codes of conduct. applicable self-regulation, internal regulations, the Code of Ethical Conduct and other guidelines established for the organization’s business and activities.

Stakeholders: are all relevant audiences with interests relevant to the company, or even individuals or entities that assume some type of risk, direct or indirect, in the face of society. Among others, the following stand out: shareholders, investors, employees, society, customers, suppliers, creditors, governments, regulatory bodies, competitors, the press, associations and professional associations, users of electronic means of payment and non-governmental organizations.

Compliance Agents: They are employees appointed as focal points of the business areas for aspects related to compliance.

IX. General Provisions
It is the responsibility of the Viva Inovação board of directors to change this Policy whenever necessary.

This Policy takes effect on the date of its approval by the Board of Directors and revokes any documents to the contrary.

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