policy and terms

APPLICATION USE AGREEMENT

1. Acceptance

This agreement is executed by and between You, hereinafter called “User” and SAFER INTERMEDIAÇÕES E NEGÓCIOS EM GERAL LTDA – EPP, a private company, duly established and registered with the CNPJ/MF (Ministry of Finance National Registry of Legal Entities), under number 29.221.764/0001-99, with its main place of business at Estrada da Gávea, 696, Sala 204, São Conrado, in the city of Rio de Janeiro, State of Rio de Janeiro, Brasil, and CEP: 22.610-002, herein represented as provided for in its articles of incorporation, hereinafter called Safer.

This Application Use Agreement(“Agreement”) shall govern the use of an application named “User” supplied by at no cost by Safer to mobile devices (Android and iOS). User acknowledges to have analyzed and accepted all the conditions it shall be required to comply with. In the event User is underage or has been declared incapacitated, in any way, User shall need consent from parents or guardians to agree with these terms and conditions.

ACCEPTANCE OF THIS POLICY SHALL BE STATED AT THE TIME YOU REGISTER IN OUR APPLICATIONS (THE “APPLICATIONS) TO QUALIFY FOR THE SERVICES. ACCEPTANCE SHALL BE IN EFFECT WHEN YOU DECLARE TO AGREE WITH THE USE OF YOUR DATA FOR EACH ONE OF THE OBJECTIVES DESCRIBED HEREIN. THIS SHALL MEAN THAT YOU ARE AWARE OF, AND IN FULL AGREEMENT WITH, THE WAY YOUR INFORMATION AND YOUR DATA WILL BE USED. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE, DO NOT ACCEPT IT AND STOP YOUR REGISTERING PROCEDURES. HOWEVER, IN THIS EVENT, PLEASE, EXPLAIN THE MOTIVES THAT LED YOU TO DISAGREE WITH OUR REQUIREMENTS THROUGH THE CHANNELS LISTED IN THE LAST PAGE OF THIS POLICY TO ENABLE US TO FURTHER IMPROVE OUR SERVICES.

2. Use

By using the application User shall be able to carry out operations of check- in, shipment in third party’s fleet by drivers with a service rendering contract with Safer, control the trip, request vehicles at scheduled sites, date, and time, settle financial transactions related to the shipment and payment of pre-determined and duly authorized rates. The financial transactions effected by users shall be transferred from their digital portfolio, after confirmation and security procedures that will involve controls on secure channels that will be stored in your devices. Additionally, the personal data and confidential information shall be encrypted and shall not be used without prior consent and acceptance of this Agreement.

IN ORDER TO SAFEGUARD AND PROTECT SAFER’S RIGHTS, WITHOUT PREJUDICE TO THE APPLICABLE PROVISIONS OF THE BRAZILIAN LAW, SAFER RESERVES ITSELF THE RIGHT TO ACCESS, READ, PRESERVE AND DISCLOSE ANY DATA AS MAY BE NECESSARY TO COMPLY WITH A LEGAL OBLIGATION OR A COURT ORDER ISSUED BY COMPETENT AUTHORITIES; ENFORCE OR APPLY THE TERMS OF USE AND OTHER AGREEMENTS EXECUTED WITH YOU; OR TO PROTECT SAFER’S RIGHTS, ASSETS OR SECURITY AND THOSE OF ITS REPRESENTATIVES, SERVICE PROVIDERS, EMPLOYEES OR USERS

3. Intellectual Property

User is issued a limited, non-transferable, non-exclusive license, free of royalties and voidable, at any given time by Safer, to download, install execute and use the application. In no way this shall mean transfer of application ownership rights. User shall use the application within the Legal limits and sale, transfer, modification, reverse engineering, or distribution of the application are expressly forbidden, as well as any copies of texts, images, or any part of the application, under penalty of becoming liable for damages and losses Safer and/or third parties may suffer.

4. Service Rate

For the rendering of the services provided by Safer, named convenience service, before the transactions, User will be able to pay a proportional amount of the transaction value. This amount shall only be deducted with User consent and authorization. Thus, your digital portfolio will be in created.

5. Changes, Modifications and Termination

Safer reserves itself the right to amend the terms and conditions stated herein, either by removing or amending any of its clauses. Such changes shall be promptly in effect, and the current version of this Agreement shall be available on the website [www.safertaxi.com.br]. If User continues to use the application after this Agreement has been amended, it shall then be inferred that User has accepted and agrees to comply with the amended terms.

6. Amendments, Changes and Termination

From time to time, Safer shall be allowed to amend or discontinue (either for a time or permanently) the distribution or the update of this Agreement. Safer shall not be bund to provide any support service to this application. User shall not be able to claim that Safer, its directors, executives, employees, affiliates, agents, contractors, or licensors are liable for any modifications, suspensions, or discontinuation of the application.

7. Consent for Data Collection and Use

User agrees that under this Agreement, Safer shall be allowed to collect and use the technical data of User device, such as, specifications, configurations, operating system versions, type of internet connection, and other.

8. Financial Transaction Consent

User expressly and irrevocably authorizes Safer to enter in User PAYMENT ACCOUNT any credits, charges and reversals of the amounts foreseen in this operation solution, independent from consulting User in advance or any other legal or documentary action or formality.

User shall be entitled to check credits and debits and the balance of its PAYMENT ACCOUNT on the appropriate Portal that will be informed at the time solution financial platform is launched.

9. Data Owner Rights

You shall always be able to decide not to disclose your data to Safer but, please, bear in mind that some of the data may be critical to enable your registration, access and use of the Services or some of the resources and products offered to you according to this Privacy Policy. Notwithstanding, you shall always keep the rights on the privacy and protection of your personal data. Besides warranting the security of your personal data, Safer also provides clients access to and full information on clients’ rights on personal data.

Thus, all the rights you have under the Brazilian data protection law are summarized below:

  1. Right to confirm data handling activity;
  2. Right to access;
  3. Right to rectification;
  4. Right to exclusion or cancellation;
  5. Right to object or oppose data handling;
  6. Right to restrict data handling;
  7. Right to revise the automated decisions made based on your data;
  8. Right to the portability of data;
  9. Right to withdraw consent;
  10. Right to the anonymity of, or to block, your data;
  11. Right to refuse consent and to be informed of the ensuing consequences;
  12. Right to petition public authorities and to exercise your rights and defend your interests in court.

On this subject, a brief explanation and some examples of these rights are provided below:

• Request access to your personal data. This right allows you to request and receive a copy of your personal data held by Safer.

• Request rectification of your personal data. This right allows you to request adjustment and/or rectification of your personal data at any given time if you find out that any of such data are incorrect. However, for the actual data rectification to take place we will need to check the accuracy of the data you are providing and, to this end, as a safety measure, we shall be entitled to request documents or additional confirmation. You shall be able to rectify some of your personal data by contacting Safer through its Communication Channels.

• Request exclusion or cancellation of your personal data. This right allows you to request Safer to exclude your personal data stored on Safer databases. All data collected shall be excluded from the servers per your request, or when such data cease to be necessary or relevant to us in order to offer you the Services, except if there is any other reason why such data should be kept such as, a possible data retention legal obligation or the need to preserve such data for the purposes of safeguarding Safer’s rights. To amend your personal information or to excluded it from the Safer database if suffices to contact the Safer through the Communication Channels.

• Request for anonymity or to block your personal data. If you deem that Safer is requesting too much or unnecessary data for the objectives stated in this Privacy Policy, or that such data are handled in breach of the protections afforded by Law 13.709/18, you may ask these data to be blocked, kept anonymous or deleted.

• Right to object to data handling. If, in regard to handling of data without your consent (based on a legal obligation or legitimate interest) You deem that Safer is not protecting your rights and complying with the protections afforded by this Privacy Policy, thereby breaching provisions of Law 13.709/18 You shall be allowed to oppose handling of such data. Whenever Safer is handling your data based on its (or third party’s) legitimate interest, and there is something about your specific situation that prompts You to oppose handling of your data to this end, as you may deem that this has a negative impact on your fundamental rights or liberties, You shall also have the right to challenge the way Safer is handling your personal data, for example, for marketing purposes. In some cases, even if this occurs, we may provide you with evidence that we have legitimate reasons to handle your data which may supersede your rights, as when your data are critical to the rendering of service to You to enforce a contract signed by You, or even aiming to fulfill a legal obligation Safer is required to comply with due to its relationship with You.

• Restrict handling of your personal data. This right allows You to request Safer to stop handling your personal data in the following circumstances: (a) if You wish Safer to establish data accuracy; (b) When You need to have your data kept by us even if we do not need them anymore, as necessary, for example, to submit, exercise or answer to legal requests; or (c) You oppose the use of your data even if we need to check if we have legitimate motives to use them.

• Request revision of automated decisions made based on the collected data. We shall offer You the possibility to challenge a decision automatically made by Safer systems based on your data.

• Request transfer of your personal data to You or to third parties. We shall furnish your personal data to You or the third parties you have named in a structured format.

• Right to withdraw consent at any given time. You have the right to withdraw your consent, however, this shall not affect the lawfulness of any data handling prior to consent withdrawal. If You withdraw your consent we may be unable to provide certain products and/or services. Safer shall promptly inform you if this occurs.

• Right do deny consent. You have the right to deny your consent. Notwithstanding, as the data referred to in this Privacy Policy are needed to enable us to render the services, Safer will be unable to render them if you deny consent to this end. If you do not agree with part of the data requested or with a certain purpose Safer and the Partner will assign to your data, You have the alternative of submitting an objection to handling of your personal data and disagree and/or request access to your data.

In order to submit your statements, requests and objections related to this Privacy Policy you are required to issue an express application in your name or in the name of your legal representative. This application is free of any charges and may be sent to Safer at the e-mail provided in Clause 14 below. The information and data you have requested may be sent by e-mail or in printed form, at your discretion.

It may be necessary to ask you for documents and/or specific information to assist Safer in confirming your identity and assuring your right to access your personal data (or to exercise other rights). This is a security measure to make sure that the personal data will not be disclosed to third parties that are not entitled to receive them. Aiming to speed up the answer, Safer may also contact you to obtain additional information related to your request. Confirmation of data handling and access to your data shall be furnished immediately in a simplified format, or in a detailed statement within a term of up to 15 days. For all other communications and answers to your requests, such as about the portability of data, Safer shall make its best efforts to answer all legitimate requests within a maximum term of 30 days. Notwithstanding, answers to requests of this type may take more than 30 days if your request is particularly complex or if You have submitted several requests. In this event, Safer shall send you notice and keep you updated about the status of the answer to your request.

If You have any questions about these issues or need clarification about how You can exercise the rights afforded under this Privacy Policy, please feel free to contact Safer through our Communication Channels.

10. How Information Security works on the Safer Platform?

Our products and services are subject to strict technological and procedure controls to make sure that all data collected and stored in our Environment are secured and protected.

In order to provide full protection to your personal data and offer a secure environment, Safer enforces information security practices, such as user authentication, strict access control, data and transaction content encryption, prevention and detection of intrusion and unauthorized access, prevention of information leaks, periodical tests and scans to detect vulnerabilities, protection against malware, traceability mechanisms, web access and segmentation controls, data and information backup copies, and other.

However, besides the protection provided by Safer, You should also adopt a cautious behavior identifying and avoiding situations that may threaten the security of your data and of our products and services. It is critical to promptly contact Safer if you detect or find out about something that may compromise the security of your data.

Whenever You use your personal and credit card data to register or for transactions on sites or third party’s services, the providers of such services shall be liable for protection and storage of the data and You must pay attention to the content of the privacy policies applicable to the use of such sites or third party’s services.

11. For how long are data kept stored?

Safer keeps your personal data exclusively for the time necessary to achieve the objectives for which such data are collected, and also for the purposes of complying with any legal, contract and account rendering obligations, and as may be required by the competent authorities, abiding by the minimum term of five (5) years, to be counted as of data collection date, pursuant to art. 23, VIII Brazil Central Bank Resolution 4.658/18.

In order to determine the appropriate period of retention of personal data, we shall take into account the quantity, the nature and the sensitivity of the personal data, the potential risk of damage from non authorized use or disclosure of your personal data, the purpose of handling your personal data and if we can achieve such objectives through other means, always complying with the applicable legal requirements.

If You have registered an Account in Services, the information of your Account will be kept while You keep this account active, always complying with the above-mentioned legal term, or until the objective for which the data were requested has been reached. If certain data cease to be necessary to the achievement of a given objective, such data will be excluded or subject to anonymity. The data shall be also excluded in the event a Public Authority orders data handling to cease.

In case You request exclusion of your data or your Account, Safer shall exclude your data or subject them to anonymity, as soon as the above-mentioned term of five (5) years has elapsed, unless they must be kept due to legal obligations or as may be ordered by the competent authorities.

12. Where are Data Stored?

Safer may transfer data collected in Brazil to the USA. This transfer will take place when the company responsible for hosting your information, that may be hired by Safer to this end, is established in the US territory. Notwithstanding, before transferring your data to another country, it will be warranted that said country provides the same degree of personal data protection required under this Privacy Policy, or that, independent from the laws of the foreign country Safer shall warrant compliance with the principles, owner rights, and personal data protection stated in this Privacy Policy under provisions of Law 13.709/18. The guarantee of this protection afforded to your data shall be also subject to validation by the Brazilian public authorities.

Safer has headquarters in Brazil and the data we collect are subject to provisions of the Brazilian law. By ceasing to access or use the Services or by supplying personal data to Safer, You agree with data handling and transfer of such data to Brazil and to the USA, as applicable, always complying with the provisions stated in the previous paragraph.

Safer warrants before You that your personal data will be shared between them and shall be kept for the purposes of complying with current legal requirements.

13. Exemption of Warranties and Limitation of Liability

This application is under continuous development through updates and may contain bugs, hence it is supplied in the “As-Is condition” and at user’s own risk.

Safer does not warrant that the operation of this application will be continuous and free from errors and, except for the provisions of this document, there are no other guaranties, conditions or promises related to the application.

Safer does not warrant, declares, or ensures that the use of this application will be uninterrupted or free from error and user, at any time, shall be allowed to stop using the application without subjecting the parties to any penalty.

Safer does not warrant, declares, or ensures, that this application is free from loss, interruption, attack, viruses, interference, piracy, or any other breach of security and hereby exempts itself from any liability related to such issues. User shall be full responsible for the backup of its own device.

Last, in no case Safer, its directors, executives, employees, affiliates, agents, contractors or licensors will be liable for losses or damages directly or indirectly resulting from the use of the application once access to it was freely chosen by User.

14. How can you contact Safer?

If You think your personal information was used in any way in breach of the provisions of this Privacy Policy or with your choices as the owner of this information, or if You have any questions, comments, suggestions, or requests related to this Policy You may contact us at the following addresses:

E-mail: faleconosco@safertaxi.com
Telephone: +55 21 97170-4762

15. Changes to Policies

As we are always intent on improving the Services, this Policy may be subject to updates. Thus, we recommend user to periodically visit this page to become aware of any changes. If any relevant amendments are made requiring a new consent from You, we will publish this update and ask You for a new consent.

*Pursuant to provisions of art. 41 of Law 13.709 de 2018 (General Dztsa Protection Law), contact with managers can be made by e-mail: e-mails [-] e dpo@safertaxi.com.