PRIVACY POLICY

PRIVACY POLICY - HARMONICLASS

Last updated on December 20th, 2020.

Here you will find our guidelines regarding how we collect, process and protect information and data from our USERS and visitors. The purpose of this document is to provide information to help you make a conscious decision about sharing information and using the Site.

The Website is understood as the digital platform domiciled at the virtual address www.harmoniclass.com

If you do not agree with the terms of this Policy, even partially, please do not accept or use our services.

If there are any questions, please contact us through the communication channel: 

support@harmoniclass.com

1. ACCEPT

When expressing the "Acceptance" of this Privacy Policy, the USER expressly declares that he has read and understood all the rights determined herein, agreeing and being subject to all the provisions of this instrument.

This Privacy Policy covers the treatment that HARMONICLASS gives to information capable of identifying and accessing USERS 'data. This is all from the moment they visit and register on the Site, by providing information, which will be maintained during the period in which the respective registration is active.

2. USER'S RIGHTS

USERS are guaranteed the following rights:

Right of access - the right to request access to the respective personal data that we process about the USER.

Right to information - the right to know with which entities - public or private - HARMONICLASS shared their data.

Right to revocation - the right to revoke consent to use data at any time.

These rights must be exercised by the USER through an express request, through the communication channel described in this Policy. The USER will receive a response, by the same means of communication, within 10 (ten) business days of sending the request.

3. INFORMATION COLLECTED

Our website collects personal information from USERS in the following situations:

When registering on the Site, processing the following data that may be provided by USERS: User IP address, browser name, system name, device, time zone, source (guests, advertisements, internet search, etc.), name, email, phone and country of origin.

When filling in any form of contact, when all data entered by USERS or visitors are processed;

When USERS voluntarily send information by e-mail, data that is also limited to that information;

When performing any access to the HARMONICLASS page, through cookies and other technologies, when the USER's IP address, browser name, system name, device, time zone, source will be processed (guests, advertisements, internet search, etc. .)

4. PURPOSE OF THE DATA PROCESSED

The USER agrees and authorizes the use of the processed data for the following purposes:

The data collected as described in item “A” above - to enable access to the services of the Site;

The data collected as described in item “B” above - for sending newsletters and promotions;

The data collected as described in item “C” above - to respond to users' requests;

The data collected as described in item “A” and “D” above - (i) for research and analysis; (ii) to improve our technology (iii) for access registration; (iv) improvement of security tools; (v) for the identification of the USER; (vi) for compliance with legal, contractual or regulatory obligations, and (vii) for remarketing services and actions.

5. DATA SHARING

The data collected, provided that it is used in accordance with the purpose set out above, may be shared with other companies that provide services directly to HARMONICLASS, that data when shared goes through the process of anonymization, and therefore is not able to identify any USER.

All HARMONICLASS service providers are subject to a strict commitment to confidentiality and care for data, at the same level as HARMONICLASS is committed here. None of the information disclosed by HARMONICLASS is able to identify the USERS of the platform, preserving the confidentiality of the USERS 'personal data, except in the situations listed in the Chapter titled: "DURATION TIME OF DATA PROCESSING".

6. TRANSFER OF DATA TO OTHER COUNTRIES

HARMONICLASS further informs that the data collected may be transferred to other countries, where affiliated companies and service providers are based, it being clear that the USER, in agreeing with this Privacy Policy, also grants specific and express agreement to the sharing and transferring of data with these countries, for the purpose of performing the services of the “HARMONICLASS” platform.

7. DURATION TIME OF DATA PROCESSING

The collected data will be treated by HARMONICLASS only as long as the consent and the relationship between the USER and HARMONICLASS remain, except in the event that such data is necessary for:

Compliance with HARMONICLASS legal or regulatory obligation;

Exclusive use of HARMONICLASS, provided that this data is anonymized

Regular exercise of rights in HARMONICLASS judicial, administrative or arbitration proceedings or when necessary to serve the legitimate interests of HARMONICLASS

8. DATA DISPOSAL BY THE USER

In the event of changes to this Privacy Policy, these will be informed to the general public by an announcement on our home page and to USERS registered by email. In addition, at the beginning of this document it is possible to check the date on which this Policy was last updated.

USERS will always be informed about the data to be collected, being at their discretion to provide it or not, as well as its subsequent exclusion, and, in each case, they will be advised about the consequences of their decision.

The USER guarantees the veracity and accuracy of the personal data provided on the Site, assuming the corresponding responsibility in case they are not exact. It is also the responsibility of the USER to keep their registration data up to date, especially e-mail, taking due care so that the e-mails on the Site are not sent to the electronic waste box.

The personal information provided by the USERS will not be disclosed in any way, nor will they be linked to your preferences, access and responses to your registration. When shared, they will only be shared for statistical purposes, which will be done on a consolidated basis and without any identification.

9. CONTACT BETWEEN HARMONICLASS AND USERS

Access to the information collected is restricted to HARMONICLASS employees and authorized persons in the situations listed in the Chapter titled: "DURATION TIME OF DATA PROCESSING".

In addition, the USER declares that he / she is aware that the data may be shared with any companies in his / her economic group, which includes companies based abroad.

Employees or authorized persons who misuse information, in violation of this Privacy Policy, will be subject to applicable legal measures.

The data and information of the USER and their activities may also be shared to respond to judicial requests, from regulatory agencies and / or government agencies and to instruct investigative processes of international cooperation, as authorized by the current legislation.

10. INFORMATION SECURITY

The USER is aware that there is always a risk in the traffic of information on the internet, however, HARMONICLASS is committed to using the best market standards to protect the data of its USERS.

11. COMMUNICATION CHANNEL

In order to establish contact between HARMONICLASS and the USER, the following email address is available: support@harmoniclass.com, being certain that the USER is also obliged to keep his / her email address updated on the platform, since through this communication, occasional communications will be made pertinent.

12. GENERAL PROVISIONS

In the event that any provision of this Policy is found to be contrary to Brazilian law, the remaining unaffected provisions will remain in effect and the parties must amend this instrument in order to adapt it to that law.

This Term is also available in English. Any translated terms and expressions may have different meanings from those contained in the original version (in Portuguese), but should always be interpreted based on the principles and precepts of Brazilian law.

13. CONFLICT SOLUTION

Arbitration Clause - The Parties agree among themselves, freely and supported by Law 9.307 / 96, that any disputes, litigations or conflicts arising from this contract, or referring to it, will be resolved by arbitration, to be administered by the Mediation and Arbitration Chamber of the Commercial Association of Paraná (Arbitac), conducted in accordance with its regulations in force on the date of the request for establishment.

Arbitration Court - The arbitral tribunal will consist of 3 (three) arbitrators. The claimant must appoint 01 (one) arbitrator in the Arbitration Request and the Respondent must appoint 1 (one) arbitrator in response to the Arbitration Request, within a period not exceeding 45 (forty-five) days from the receipt of the Arbitration Request. The arbitrators appointed by the parties will appoint the 3rd (third) member within 30 (thirty) days from the response to the Arbitration Request. If the Parties do not make the nominations or do not comply with the deadlines set out in this Clause, ARBITAC will make the necessary nominations. The arbitrators must speak and write the Portuguese language fluently and must have experience in the Laws of the Federative Republic of Brazil.

When the value of the dispute under discussion is equal to or less than R$ 500,000.00 (five hundred thousand Reals), the parties agree to apply Arbitac's Expedited Arbitration Regulation, where the dispute will be settled by a single arbitrator.

Venue and Applicable Law of Arbitration - The arbitration will be based in the City of Curitiba and the State of Paraná, will be conducted in Portuguese, with Brazilian law being applicable and the equity solution is prohibited.

Notifications and Communications - For the purposes of notification, service or information to any of the parties, in accordance with the Arbitac Regulation, the parties provide their respective electronic addresses.

Jurisdiction - Without prejudice to the election of arbitration as a way of resolving disputes arising from this contract, the parties reserve the right to seek judicial protection to:

Enforce the application of arbitration;

Obtain preliminary measures to safeguard your rights before the constitution of the arbitral tribunal, which will be submitted for confirmation or revocation by the arbitral tribunal once constituted;

Execute any decision by the arbitrators, including the arbitration award;

To comply with obligations that immediately imply the specific execution, thus understood the execution actions for a certain amount and the obligations to do or not to do provided for in this contract, which constitutes an extrajudicial enforcement order under the Brazilian Civil Procedure Code.

Should any party resort to judicial protection as provided for in this clause, the Courthouse of Curitiba / PR will be competent.

Costs - The usual arbitration charges will be advanced at a proportion of half for each party, which must be reimbursed (together with all other costs and expenses incurred as a result of the arbitration) to the winning party of the arbitration, by the losing party, who will be responsible for also with the succumbence fees to be fixed by the arbitral tribunal in the sentence.

Confidentiality - It is the intention of the Parties that all procedures and all documents and statements provided for in this Term are considered confidential information, and each arbitrator when consenting to act in the procedure will be considered as having complied with the confidentiality provisions contained in this contract.