Privacy Policy

These Terms of Use and Privacy Policy apply in relation to the reception, storage and use of Information made available by users on Augin (“Application”).

By using the Application, the User will be expressly accepting all the practices described in this Terms of Use and Privacy Policy (“Term”). Therefore, we recommend that users who do not agree with this Term do not use this application.

1. DEFINITIONS

1.1 For the proper understanding and interpretation of this Term, the expressions below have the following definitions:

i. “Application” is the Augin app, an augmented reality app that lets you mix virtual elements with the real world;

ii. “Augin” AUGIN SOFTWARES LTDA., limited liability company, registered with the CNPJ/MF under No. 34.804.848/0001-95, NIRE No. 43208520711.

iii. “Personal Information” or “Personal Data” means any information that can identify the User and is provided by him/her, such as his/her name, information about the device, cookies and other information collected during use.

iv. “Login” e-mail or name informed by the User when registering, which must be used for the Application;

v. “Project” models sent by Users using augmented reality;

vi. “User” means all persons, without restrictions, who download the Application and carry out the respective Registration.

2. INFORMATION PROVIDED

2.1. When the User registers on the Application, Personal Information is requested. The information sent may be used to provide a better experience and improve the quality of the services provided.

2.2. The submission of data by the User is completely voluntary. It is not mandatory for the User to provide the requested personal information, however, if he chooses not to provide it, this may result in loss of access or limit the functionality of the Application.

2.3. The use of the Application may also lead to the collection of other information about devices used by the User, such as the hardware model, operating system version, mobile network information, unique product identifiers, among others.

2.4. By using the Application, the User authorizes the sending of emails, messages through the Application and push notifications, with informative content and strictly related to the Application.

2.5. Augin may share some or all of Users' Personal Information with related companies, subsidiaries, joint ventures or other companies under common control, for a variety of purposes, including business, operational and marketing purposes. Augin may and reserves the right to share your information with any other company that is not currently but will become a parent, subsidiary or affiliate of Augin.

2.6. Augin may collect and use location information from your device as the User uses the Application (and, if the User chooses to enable background tracking while the User is not directly interacting with the Application), including how the User moves. The Application may use the User's location in order to provide an experience linked to their real-world location, so Augin needs to know where the User is in order to operate these features and plan the location of resources. Augin will identify the location using a number of technologies, including GPS, the WiFi points through which you are accessing the Application and cell tower triangulation.

2.7. Augin collects and uses the User's actions and accomplishments in the Application, as well as certain information about the User's mobile device (including device identifiers, device operating system, model, configuration, settings and information about applications or third-party software installed on the device), to provide the Application to the User and to ensure that we provide a suitable user experience for all users, in accordance with applicable terms and policies.

3. CONSENT

3.1. When choosing to provide their Personal Data, the User expressly provides their consent for the collection, use, handling, transfer and retention of their Personal Data, in accordance with the provisions set out in this Term and in the legislation in force. If the User does not agree with these Terms, the User must stop using the Application.

4. PURPOSE FOR THE PROCESSING OF PERSONAL DATA

4.1. The Personal Data of Users will be processed in accordance with the purposes below:

a) To provide services specific to the User's profile, sending newsletters, promotional materials, advertisements and other services;

b) For communication and offering technical support and support to the User;

c) Offer new or additional features related to the Application.

4.2. Information that is not personally identifiable may be passed on to advertisers, suppliers, sponsors and partners in order to improve the quality of products and services. Augin may transfer non-personal and/or non-identifiable data, such as user statistics and log data, for purposes of analysis, demographic profiling, targeted advertising or for other purposes.

4.3. Augin will store the Personal Data necessary for the purposes described above. Storage will depend on legal requirements and the duration of the relationship between the parties.

5. DISCLOSURE OF INFORMATION

5.1. Augin may contract third parties to provide services. As part of this, they will process Personal Data on behalf of Augin. These third-party service providers have access to your Personal Data only to perform services on behalf of Augin, in accordance with these Terms, and Augin certifies that each of them is contractually obligated not to disclose or use your Data. Personal for any other purpose.

5.2. Augin does not provide data on the individual identification of Users to third parties without their prior consent, except when:

a) There is a court order to provide the data;

b) The viability of the business, products or services offered by Augin or companies of the same group depends on the transfer of data to partners, with only strictly necessary information being transferred;

c) There is a need to identify or reveal data of the User who is using the Application for illicit purposes.

5.3. User information may be transferred to third parties as a result of a sale, acquisition, merger, corporate reorganization or any other change in Augin's control. If any of these cases occurs, resulting in the transfer of Personal Information to third parties, the User will be informed in advance and, if he does not wish to continue using the Application, he may delete his access account.

5.4. The User may create Projects, which will be stored in an Augin database and may be accessed by the User and third parties. Augin will not be responsible for any Project creation.

6. SECURITY

6.1. It is the User's duty to maintain and ensure that their mobile devices that access the Application are protected against viruses, malware, intrusions or other mechanisms that breach their privacy and copy their data and information or improperly access or move the Application. The User hereby agrees that Augin will not have any liability arising from the use or access promoted without the protections indicated here.

6.2. While Augin strives to ensure the security and integrity of Personal Information provided, due to the inherent nature of the internet as an open vehicle for global communication, there is no guarantee that the information, during transmission over the internet or while stored on systems or otherwise under your care, will be safe from intrusion by others. The User uses the Application and provides his/her information at his/her sole risk.

7. USER RESPONSIBILITIES

7.1. The User agrees to provide Augin with all documents, elements, data and information necessary for the proper functioning of the Application. In general, the User agrees to actively cooperate with Augin for the performance of the Application and to report any difficulties encountered.

7.2. The User is solely responsible for the use of the Application, especially with regard to: (i) use of the Application by its employees, employees or partners; (ii) for the relationships that may be established between the User and its customers; and (iii) the relationships that may be established between the User and third parties, based on the information in the Application.

7.3. The User exclusively undertakes to effectively comply with applicable labor, tax, social security, assistance and insurance legislation.

7.4. The User must use the Application with caution and taking the appropriate precautions for the environment in which it is inserted, so that Augin will not be responsible if the User places himself – or places other individuals – in situations of risk to health and/or property. -be. The User is solely responsible for any risks assumed.

7.5. The User declares that he will not use the Application to violate any applicable law, regulation, Event policies or guidelines, nor will he encourage such behavior by third parties.

7.6. The User declares that he will not use the Application for illegal or inappropriate purposes, not submitting inaccurate, misleading or inappropriate content.

7.7. The User will not disturb, threaten or violate, in any way, the rights of third parties. The User will not invade or in any way gain access to any property or location that the User is not permitted to enter. The User will not participate in any activity that may cause injury, death, property damage, disruption or liability of any kind. In the event of a dispute with any third party regarding the use of the Application, the User will hold Augin (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand and damages (direct or indirect) of any kind and nature, known or not, expected or not, ascertained or not, as a result of or in any way related to these disputes.

7.8. The User declares that he is aware of all technical characteristics and functionality of the Application.

7.9. The User undertakes not to take any action that will harm, in any way, Augin's brand or its reputation.

7.10. The User will assume responsibility for any and all disputes, actions, demands or claims that are related to the use of the Application, and Augin shall not be liable in this regard.

7.11. The User guarantees that the information provided is correct, up-to-date and is not, in any sense, misleading or false.

7.12. Augin will not be responsible for any instability in the system, such as, but not limited to, those that prevent the Projects from being displayed as desired or that make it impossible to access files, the Application or the website, regardless of when they occur. In this way, the loss of stored data, unavailability or other adverse situation that affects the User's access, data, Projects or any content will not give rise to any type of repair, compensation or other obligation by Augin.

8. INTELLECTUAL PROPERTY

8.1. All rights relating to the Application and its functionalities are owned by Augin, including with regard to its texts, images, layouts, codes, databases and other content produced directly or indirectly by Augin. Any intrusion, attempt at, or activity that violates or contravenes intellectual property law laws and/or the prohibitions set forth in these Terms, including making unauthorized copies, reverse engineering, and/or modifications that may create derivative works, will make the liable for the relevant legal actions, being also responsible for indemnities for any damages caused.

8.2. The User will retain exclusive, total and complete ownership of their Projects. For the purposes of a better experience on the Application, the User provides Augin, free of charge, with a personal, non-exclusive and non-transferable right to use the Projects under the terms and conditions established in this Term. The User acknowledges that Augin may store the information of the Projects made available on the Application, using it for comparative purposes, development of Artificial Intelligence and other services that prove to be relevant with the stored data.

8.3. The User will only own the intellectual property of the Projects created by him. For the purpose of using the Application, the user grants Augin, free of charge, the personal, non-exclusive and non-transferable right to use the Projects while they are stored in its database.

9. JURISDICTION

9.1. Any dispute between Augin and the User must be exclusively submitted to the jurisdiction of the District of Porto Alegre, Rio Grande do Sul, Brazil, waiving any other, however privileged it may be. No action arising out of, connected with or related to this Term may be brought after 1 (one) year has elapsed from the cause of action. This period will not be extended for any reason, except with the express written consent of both parties.

10. GENERAL PROVISIONS

10.1. The present Term will be governed and interpreted in accordance with the laws of the Federative Republic of Brazil.

10.2. Augin reserves the right to suspend or cancel, at any time, any User's access to the Application in case of proven fraud, illegally obtaining a benefit or advantage or for failing to comply with any of the conditions of these Terms or applicable legislation. .

10.3. Augin is not responsible for false or inaccurate statements made by Users that may cause damage to third parties, to the Public administration in general or to the service itself.

10.4. If any part of this Term is considered void or unenforceable by the competent courts, such provision shall be excluded from this instrument, and the remaining provisions shall be interpreted as if this clause had been excluded and will be enforceable in accordance with its terms; provided that, in this circumstance, these Terms are interpreted so as to give effect, to the fullest extent possible and permitted by applicable law, to the meaning and intent of the excluded provision as determined by such court of competent jurisdiction.

10.5. The provisions contained in this Term may be updated or modified at any time, and the User is responsible for checking them whenever he accesses the Application.