Christian Circle – Terms of Use and Services

TERMS OF USE AND SERVICES

Hello, how nice to have your interest! Before using our services, please take some time to read our Terms of Use and Services and get to know the rules that govern our relationship with you.

Below we will clarify some points that we consider important. If you have any questions about any points discussed or not discussed in this document, please do not hesitate to contact us at contato@mrrocco.com.br.

1. DEFINITIONS:

In this instrument, we understand the expressions below in accordance with the following definitions:

COMPANY: MR ROCCO INTERNET LTDA, a limited liability COMPANY, registered in the CNPJ under No. 19.675.774/0001-40, headquartered on Avenida Doutor Martin Luther King, nº 630, sala 51, Umuarama district, Osasco – SP, CEP 06.030-003.

PLATFORM: mobile application called “Christian Circle” for mobile devices.

USERS: individuals registered in the PLATFORM, who access and/or use the services available in the PLATFORM.

DATA PROCESSING: In the terms of article 5, item X, of Law 13,709 of 2018, any operation carried out by the COMPANY with the USER‘s personal data, such as those relating to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or control of the information, modification, communication, transfer, dissemination or extraction.

2. ADMISSION:

This instrument regulates the conditions of use of the services of the PLATFORM being a contract between USERS and the COMPANY. The use of the services offered through the PLATFORM expressly indicates that you agree to all the terms and conditions contained in this instrument and the legal provisions applicable to the species.

YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL CONSIDER THE USE OF THE SERVICES PROVIDED AS ACCEPTANCE OF THESE TERMS AND ALL OTHER APPLICABLE LEGAL PROVISIONS.

BY ACCEPTING THE TERMS OF THIS INSTRUMENT, THE USER EXPRESSLY AUTHORIZES THE TREATMENT OF HIS/HER DATA IN ORDER TO GUARANTEE THE MAINTENANCE AND GOOD PERFORMANCE OF THE PLATFORM’S FUNCTIONALITIES.

THE USER HEREBY EXPRESSES HIS/HER FULL CONSENT TO THE SHARING OF THE DATA COLLECTED AND TREATED BY THE COMPANY, UNDER THE TERMS OF THIS INSTRUMENT, WITH OTHER COMPANIES THAT ARE PART OF ITS ECONOMIC GROUP.

If you DO NOT AGREE with the provisions set forth in this instrument, DO NOT access, view, download or use in any way any page, content, information or service of the COMPANY.

These terms are available for reading, at any time, in the PLATFORM, at https://mrrocco.com.br/christian-circle-privacidade/.

3. WHO WE ARE AND WHAT WE DO:

The COMPANY is a private COMPANY, which offers a PLATFORM consisting of a mobile application available in the Apple Store and Google Play, which brings USERS closer together. In it, the USERS enter their data, their qualities and preferences, to recommend similar connections between USERS.

4. GENERAL CONDITIONS OF USE:

The COMPANY only licenses the PLATFORM that connects the USERS, and its responsibility is restricted only to the correct functioning of the PLATFORM and its functionalities, according to this instrument, with the COMPANY holding no responsibility for:

(i) the conversations and interactions to be carried out between USERS;

(ii) any and all content made available by each USER

(iii) the veracity of the information contained in the PLATFORM which originates from USERS;

(iv) the meetings to be held in person between the USERS;

(v) the conversations and interactions to be carried out between the USERS in other messaging applications and social networks;

(vi) any abusive behavior that any USER may have inside or outside the PLATFORM;

(vii) incidents that may occur as a result of face-to-face meetings between USERS such as theft, deception, among others.

The COMPANY enables the USERS to contact each other directly, without any intervention in conversations, contact or any other means of integration.

The COMPANY does not interfere in the interaction to be carried out between USERS, being solely responsible for the contact and veracity of the information shared, whether sensitive or not in relation to the General Law of Data Protection (LGPD).

As it does not figure as a party in the interactions that take place between USERS, the COMPANY also cannot oblige the USERS to honor any possible obligations assumed at the time of interactions on the PLATFORM.

At the time of registration, the USERS may use all the services available on the PLATFORM, declaring, for this purpose, to have read, understood and accepted all the provisions contained in these Terms of Use and Services.

The USER agrees to use the functionalities of the PLATFORM in good faith, in accordance with the current legislation, morals and good customs.

The USER expressly acknowledges that, through this instrument, he/she receives from the COMPANY the granting of a license to use the PLATFORM, which is non-transferable, and sublicensing is prohibited, for use in national or foreign territory, for as long as the adhesion to this term persists, and the use of the PLATFORM in disagreement with the provisions of this instrument is prohibited.

The USER is the only one responsible for the security of his/her password and for the use of his/her registration on the PLATFORM, and for this reason, we recommend that the USER does not share such information with third parties. Should this information be, for any reason, lost or hacked, the USER must immediately inform the COMPANY, through contato@mrrocco.com.br, so that the issue may be resolved.

The USERS are solely responsible for any damages caused to third parties, other USERS, the PLATFORM or the COMPANY itself, arising from the use of the functionalities of the PLATFORM.

The USERS must not use the PLATFORM for any illegal, defamatory, discriminatory, abusive, offensive, pornographic, obscene, aggressive, injurious, vexatious, misleading, slanderous, violent, vulgar, harassing, threatening or using false identity, i.e. any improper use that could harm the COMPANY, other USERS or third parties.

To assist and promote a respectful environment on the PLATFORM, the COMPANY makes available a support channel to report inappropriate behavior through the email contato@mrrocco.com.br and also provides automated robotic filters that block texts and images that may contain offensive or toxic content. In case of more than one automatic block or report, the USER who has been blocked will have his/her account blocked, and will no longer be able to use the PLATFORM.  The PLATFORM also provides a “Security Center” with tips for USERS to protect themselves.

In no event will the COMPANY be held responsible for any damages incurred by the USERS due to the temporary unavailability of the PLATFORM.

The USER must possess all the software and hardware necessary to access the PLATFORM, including, but not limited to, a mobile device with Internet access, and the COMPANY is only responsible for providing the PLATFORM to the USER, pursuant to the terms of this instrument.

The use of the PLATFORM by USERS is conditioned to their prior registration, as well as respect for the provisions contained in this instrument.

5. REGISTRATION:

The services offered by the COMPANY are available to individuals who are absolutely capable, that is, who are at least 18 years of age.

In order for USERS to complete their registration on the PLATFORM, they shall provide the COMPANY with the following data: (i) full name; (ii) gender; (iii) email; (iv) marital status; (v) religion; (vi) level of education; (vii) profession; (viii) cell phone; (ix) selection of 03 to 05 interests; (x) date of birth; (xi) completion of the “biography” field.

For the regular use of the PLATFORM, the USER must register, filling out all the data requested by the PLATFORM at the time of registration. The USER must also allow the COMPANY access to his geolocation in order to be able to make regular use of the PLATFORM.

It is the exclusive responsibility of the USERS to provide, update and ensure the veracity of the registration data, and the COMPANY shall not be held liable for any type of civil or criminal liability resulting from inaccurate, incorrect or incomplete data provided by the USERS.

The COMPANY reserves the right to use all valid and possible means to identify its USERS, as well as to request additional data and documents that it considers pertinent in order to verify the data informed. In this case, the use of the PLATFORM by the USER will be conditioned to the USER sending any requested documents.

In the case of registration being considered suspicious of containing erroneous or untruthful data, the COMPANY reserves the right to suspend, temporarily or definitively, without prior notice, the USER responsible for the registration. In the case of suspension, the USER will not have the right to any type of indemnity or compensation for losses and damages, lost profits or even moral damages.

The USER may have access to the information collected and on the DATA PROCESSING carried out by the COMPANY, free of charge, through a request to contato@mrrocco.com.br, or through his/her registration on the PLATFORM, and may edit or delete it at any time.

The collection of the USER‘s data aims to identify and enable the correct use of the PLATFORM, and with this, the COMPANY may ensure the good quality of the licensed services.

By consenting to the terms of this instrument, the USER expressly declares to be aware that the collection of his/her data is essential to the proper functioning of the PLATFORM, authorizing, from this moment on, the PROCESSING OF DATA by THE COMPANY.

The PLATFORM offers the possibility for the USER to use some of its functionalities without the need for registration, however, the absence of registration does not disqualify the USER, nor does it allow the disrespect of this instrument.

The USER will access his/her registration at the PLATFORM by means of a login and password, committing him/herself not to inform third parties of these data, being fully responsible for the use that is made of them.

The USER undertakes to notify the COMPANY immediately, through the contact channels maintained by the COMPANY on the PLATFORM, with respect to any unauthorized use of his/her account. The USER will be the sole responsible for the operations performed in his/her account, since access will only be possible through the use of a password of his/her exclusive knowledge.

The USER undertakes to notify the COMPANY immediately, through the contact channels maintained by the COMPANY in the PLATFORM, with respect to any knowledge of irregularities by other USERS that may cause damage to the USERS of the PLATFORM, to the PLATFORM, to the COMPANY or to third parties.

Under no circumstances will the assignment, sale, rental or other form of transfer of the USER‘s registration be permitted.

At its sole discretion, the COMPANY may exclude, disable, create limits on the use of the service, suspend, block, for an indefinite period of time, without prior notice or compensation, registrations of USERS that are considered offensive, that infringe the terms of this instrument or the legislation in force.

The COMPANY reserves the right not to allow new registration of USERS who have already been canceled, disabled, blocked, excluded or suspended from the PLATFORM. It shall also not permit the creation of new registrations by persons whose original registrations have been cancelled, blocked, disabled, excluded or suspended for infractions of the COMPANY‘s policies or current legislation.

The COMPANY reserves the right, unilaterally, without prior notice, consent or compensation, to refuse any request for registration by a USER in the PLATFORM, as well as to cancel, disable, block, exclude or suspend the use of a previously accepted registration.

By agreeing to this instrument, the USER declares to be aware that he/she is the only one responsible for his/her registration, and that any damage caused by the insertion of outdated, inaccurate or untrue information, cannot be inputted to the COMPANY or to the PLATFORM.

The USER may choose to use the free functionalities available in the PLATFORM or subscribe, which will add functionalities to the PLATFORM

6. THE FUNCTIONALITIES:

The PLATFORM offers the following functionalities to USERS:

(i) Like or dislike profiles;

(ii) View people’s profiles to assess whether or not to like them;

(iii) Match between people who have liked each other;

(iv) Chat for conversations between people who have matched;

(v) Filling out, adding photos and editing one’s own profile;

(vi) Visualization of people that liked the USER;

(vii) Visualization of people who have viewed the profile of the USER;

(viii) Visualization of profiles that have been rejected by the USER;

(ix) Tagging of personal interests;

(x) Visualization of the interest tags of other USERS;

(xi) USER can filter who to see by: distance radius, age, marital status, education and religion;

(xii) USER can hide the profile of the tab discover where it shows the profiles to like or reject.

The COMPANY may at any time, without prior notice, or compensation, edit and/or exclude the existing functionalities, as well as include new functionalities to the PLATFORM.

7. PAYMENT METHODS:

The PLATFORM makes available to the USER, if he chooses to subscribe, payment through his account in one of the application stores: Google Play Store for those who own an Android device and App Store for those who own an iOS device. The available payment methods are subject to the options provided by the application stores themselves.

8. PRIVACY AND DATA PROCESSING POLICY:

During the use of the PLATFORM, by the USER, the COMPANY will collect and store the information provided by USERS, under the terms of this instrument, together with information generated automatically, 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 the USERS, which will be stored in the database and also in the browser cookie.

The data collected from the USERS, by the COMPANY, through the use of the PLATFORM, will be used for the adequate provision of services, for the improvement of the USER‘s navigation, as well as for advertising and statistical purposes.

The USER declares to understand, accept and consent that all data collected through the PLATFORM will be processed, under the terms of article 5, item X, of Law 13,709 of 2018, by the COMPANY or by third parties, which are:

(i) AWS, AMAZON AWS SERVICOS BRASIL LTDA – CNPJ 23.412.247/0001-10, which can be contacted through the website https://aws.amazon.com/pt/compliance/data-privacy-faq;

(ii) Google Cloud, Google Cloud Brasil Computacao e Servicos de Dados Ltda. – CNPJ 25.012.398/0001-07, which can be contacted at juridicobrasil@google.com;

(iii) Google Admob, Google Brasil Internet LTDA. – CNPJ 06.990.590/0001-23, which can be contacted through the site https://support.google.com/policies/troubleshooter/.

All data provided by the USER to the COMPANY, through the use of the PLATFORM, shall be considered confidential by the COMPANY, and the COMPANY undertakes to adopt all efforts with the intent to preserve the security of its systems in the safekeeping of such data, meeting the security standards established in Decree No. 8,771/2016, such as:

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

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

(iii) Making available controlled access to personal data storage locations only to persons previously authorized and authenticated, committed to the secrecy of such data, including by signing a confidentiality agreement;

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

(v) Anonymization of the USER‘s data when shared with third parties that are not partners of the COMPANY; and

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

USER data, collected by the COMPANY through the use of the PLATFORM, may be shared with third parties in the cases listed below:

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

(ii) For the protection of the COMPANY‘s interests in the event of conflict, including legal claims;

(iii) In the event of transactions and corporate changes involving the COMPANY, 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 hold legal authority for their request.

The COMPANY guarantees the USER, with regards to the processing of personal data, the following rights:

(i) The confirmation of the existence of processing of their personal data;

(ii) Access to your data collected by the PLATFORM, through your own login or by request to contato@mrrocco.com.br;

(iii) The correction of their data, should they be incomplete, inaccurate or outdated;

(iv) The blocking or elimination of unnecessary, excessive data or data treated in violation of the applicable Brazilian legislation;

(v) The portability of personal data, to him/herself or to a third party, by express request made by the USER to the COMPANY, through contato@mrrocco.com.br;

(vi) The elimination of personal data treated with your consent, as long as there is no legal determination to keep them registered with the COMPANY, through contato@mrrocco.com.br;

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

(viii) Information about the possibility and consequence of the USER not providing consent.

The USER may send an email to contato@mrrocco.com.br, pointing out doubts and/or requirements related to his/her personal data.

The COMPANY may exclude the personal data collected from the USERS:

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

(ii) When the USER revokes his/her consent, in cases where this is necessary, requesting the exclusion to the COMPANY through contato@mrrocco.com.br or,

(iii) In the case that it is determined by the competent authority.

9. GENERAL PROVISIONS:

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

The failure of the COMPANY to enforce any rights or provisions of these Terms shall not constitute a waiver, and the COMPANY may regularly exercise its right, within the legal time limits.

All materials, patents, trademarks, registrations, domains, names, privileges, creations, images and all rights related to the PLATFORM and developed by the COMPANY, are and shall remain the sole and exclusive property of the COMPANY, with the USERS agreeing not to practice any act or fact that, in any way, prejudices the rights provided for herein, nor claim any right or privilege over them.

THE COMPANY may alter this instrument at any time, simply by publishing a revised version on our site. For this reason, we strongly recommend that you always visit this section of our Site and read it periodically. But, to contribute to the good relationship, we will also send you an email informing you about these changes.

The present instrument constitutes the integral understanding between the USER and the COMPANY and is governed by Brazilian Laws, electing the jurisdiction of the city of Osasco – SP as the only competent jurisdiction to settle issues arising from this instrument, with express waiver of any other jurisdiction, however privileged it may be.