For the purposes hereof, the following meanings are attributed:
Each and every company directly or indirectly controlled by Itaú Unibanco, or companies that are directly or indirectly controlled by Itaú Unibanco Holding S.A. or any foundation or entity that has any of these companies as a holding company.
1.2 Internet Protocol Address (IP Address)
The code assigned to a Terminal of a network to allow its identification as defined according to international parameters.
The system consisting of a set of logical, structured protocols worldwide for public and unrestricted use aimed at enabling the communication of data between terminals through different networks.
A set of characters that can be made up of letters and/or numbers in order to verify the User’s identity for access to the Website and/or Application.
1.5 Websites and/or Applications
Websites and/or applications of Fundação Itaú Social through which the User accesses the content made available by Fundação Itaú Social.
1.6 Terminals (or “Terminal,” when taken individually)
Computers, notebooks, netbooks, smartphones, tablets, palm tops and any other devices that connect to the Internet.
1.7 Users (or “User,” when taken individually)
All individuals who will use the Websites and/or Applications aged over 18 (eighteen) or emancipated and fully able to perform the acts of civil life or those absolutely or relatively disabled and properly represented or assisted.
When accessing the Websites and/or Applications, the User hereby fully agrees with and accepts the provisions hereof.
The Websites and/or Applications may have areas of both open and restricted content. For access to the restricted content, the User may be required to register in the Website and/or Application by creating a profile with a username and password and/or providing all or some personal details, such as: full name, address, e-mail address, taxpayer id number (“Registration Data”). Other Registration Data may be requested to identify the User and/or grant access to the Website and/or Application if needed to identify the User and/or for the User’s access to the restricted content.
3.1 The User is liable for accuracy and veracity of the details provided and acknowledges that any inconsistency thereof may result in denial of access to the Website and/or use of the Application.
3.2 The User assumes full responsibility for the safety, confidentiality and proper use of the login and passwords registered, thereby exempting Fundação Itaú Social from any liability.
3.3 The login and password shall only be used by the User registered and their sharing with any third person is expressly forbidden.
3.4 The User is allowed to exclude, at any time, his/her account on the Website and/or Application, with the caveat that Fundação Itaú Social shall keep the information and/or details for compliance with any legal obligation and/or regulatory provision or in case of any court order with regard to any legal and/or administrative proceedings and inquiry from any third party deriving from use of the Website and/or Application by the User.
4.1 CONTENT SENT BY THE USERS:
Some Websites and/or Applications may allow Users to send and/or transmit contents, such as comments, messages, photographs, audiovisual works, trademarks, distinctive signs, interviews, texts, etc. (“Content”) for dissemination in areas of open content of Websites and/or Applications. In such case, the User hereby declares to be aware and expressly agrees that his/her profile identity details as well as any Content sent and/or transmitted by him/her to the Website and/or Application can be accessed and viewed by other Users, in which case Fundação Itaú Social shall not be held responsible for such Content.
4.2 USERS’ INFORMATION:
The User is hereby aware of and agrees with the collection, storage, treatment, processing and use of the Information sent and/or transmitted by the User under the terms set forth herein.
4.2.2 The Users’ Information is collected, stored, treated, processed and used by Fundação Itaú Social with the following purposes:
I to develop, maintain and improve the features and functionalities of this Website and/or Application;
II to allow Users to access and use the features and functionalities of this Website and/or Application;
III to examine the performance of the Website and/or Application, measure visualization of the Website and/or Application, check the browsing habits of the Users on the Website and/or Application and the pathway they followed to reach the page of the Website and/or Application (for example, through links on other websites, search engines or directly by the address), review statistics of the number of accesses and use of the Website and/or Application, its features and functionalities;
IV to conduct Website and/or Application security-related analyses, improve and develop anti-fraud tools;
V to improve the Users’ browsing experience on the Website and/or Application;
VI to allow the supply of more adequate content tailored to the needs of Users, such as profile pages, updates, content and relevant advertisements;
VII to enable the communication between Users and Fundação Itaú Social, including by sending and receiving e-mails;
VIII to identify the profiles, habits and needs for any strategies developed by Fundação Itaú Social.
4.2.3 Fundação Itaú Social preserves the Users’ privacy and does not share their data and details with any third party, except when consented by the User himself/herself, by operation of law or a court order and in the case provided for in subparagraph 4.1.
4.2.4 The User is hereby aware and authorizes that his/her Browsing History on the Website and/or Application is forwarded by Fundação Itaú Social to its partners or contractors for the rendering of any service relative to the Website and/or Application without any specific indication of each User that could enable his/her identification and for the purposes provided for in subparagraph 4.2.2 .
5.1 Cookies are small files that may or may not be added on your Terminal and that allow storage and recognition of one’s browsing data.
5.2 While browsing on the Website and/or Application, 04 (four) types of cookies may be used:
I Authentication Cookies: they serve to recognize a given User to enable access to and use of the Website and/or Application with restricted content and provide a more customized browsing experience.
II Secure Cookies: used to enable security features of the Websites and/or Applications in order to assist the tracking and/or detection of malicious activity or any activity prohibited hereunder, as well as to protect the User’s details from any access by unauthorized third parties.
III Search, Analysis and Performance Cookies: the purpose of this type of cookie is to help understand the performance of the Website and/or Application, measure viewing of the Website and/or Application, check the browsing habits of Users on the Website and/or Application and the pathway they follow to reach the page of the Website and/or Application (for example, through links on other websites, search engines or directly by the address).
IV Advertisement Cookies: are used to display advertising relevant to the User both inside and outside of the Website and/or Application or in the websites of partners, as well as to know if Users who viewed the ad visited the Website and/or Application after seeing the ad. Advertising Cookies may also be used to recall any searches made by the Users on the Website and/or Application and, based on such searches on the Website and/or Application, present Users with ads related to their interests.
5.3 For the purposes described in subparagraph 5.2., Fundação Itaú Social can collect, store, treat, process and utilize the following information about the User’s browsing on the Website and/or Application, which is included in the “Browsing History:”
I Geographic location;
II Operating system used by the User;
III Browser and their respective versions;
IV Display resolution;
V Java (programming language);
VI Flash player installed;
VII IP Address;
VIII ID code (IMEI) of the mobile device by which the User accessed the Website and/or Application;
IX Information about the date and time of use of the Website and/or Application by a given User from a specific IP Address;
X Information regarding the number of clicks and attempts to use the Website and/or Application and pages accessed by the User as well.
6. THIRD PARTIES’ LINKS
The User is not authorized to perform any of the following actions by reason of or through the use of the Website and/or Application:
I any tort and/or violation of the law in force, including the provisions of Law 9613/98 and Law 12846/13;
II acts contrary to morality and good manners;
III uploading, sending and/or transmitting any content of an erotic, pornographic, obscene, defamatory or libelous nature or that constitute an apology for crime, drug use, consumption of alcohol or tobacco products, physical or moral violence;
IV uploading, sending and/or transmitting any content that promotes or incites prejudice (including against origin, race, sex, color, sexual orientation and age) or any form of discrimination, as well as hatred or illegal practices;
V threat, coercion, physical or moral constraint towards other Users;
VI violation of the rights of any third party;
VII violation of the rights of any third party’s secrecy and privacy;
VIII any act that cause or lead to the contamination of or damage any piece of equipment of Fundação Itaú Social and/or third parties, including via virus, trojan, malware, worm, bot, backdoor, spyware, rootkit, or by any other devices that may be created;
IX perform any act which directly or indirectly, in whole or in part, may cause damage to Fundação Itaú Social, any User and/or any third party;
X use any business name, trademark, domain name, slogan or advertising expression or any distinctive mark or intellectual property creation owned by Fundação Itaú Social, Itaú Unibanco Holding S.A. and/or Affiliates of the latter.
The User shall be solely liable for:
I any and all act performed or failure to perform any act based on his/her access to the Internet, the Website and/or Application;
II any and all content he/she uploads, sends and/or transmits to the Website and/or Application;
III repairing any and all damages, direct or indirect (including those arising out of violation of the rights of other users, third parties, including intellectual property, confidentiality and personality rights), that are caused to Fundação Itaú Social, any other User, or any third party, including as a result of non-compliance with the provisions hereof or any act performed on the basis of his/her access to the Internet, the Website and/or Application.
8.1 In no event Fundação Itaú Social shall be liable for:
I any act performed or failure to perform any act and/or damage caused by the User arising out of the access to the Website and/or Application;
II any improper use of the Website and/or Application by any User or third party and/or the content uploaded, sent and/or transmitted to the Website and/or Application by the Users;
III failures, system outages or technical impossibilities;
IV installation in the equipment of the User or any third party of a virus, trojan, malware, worm, bot, backdoor, spyware, rootkit, or of any other devices that may be created as a result of the User browsing the Internet;
8.2 The User hereby declares to be aware that any and all content sent and/or transmitted to the Website and/or Application by any User and/or third parties does not in any way represent the opinion or view of Fundação Itaú Social and/or of Itaú Unibanco Holding S.A. or Affiliates of the latter.
8.3 In case the user breaks any provision hereof or any other legal provision, without prejudice to other measures, Fundação Itaú Social may, per se or any third party, at any time, at its sole discretion, with no need for warning or prior/later notice to any User or third party, via any medium or form, without prejudice to initiating any applicable legal procedure, suspend or limit access to the Website and/or Application, close the account of any User and/or take other actions that may be deemed necessary for fulfillment hereof and the proper functioning of the Website and/or Application at any time.
9. INTELLECTUAL PROPERTY
9.1 The following belong to Fundação Itaú Social: (i) any and all software, application, or functionality employed by Fundação Itaú Social with regard to the Website and/or Application; (ii) the visual identity of the Website and/or Application (including the graphic-visual art design of any of its pages); (iii) the business name, trademark, domain name, slogan or advertising expression or any distinctive sign owned by the foundation and included on the Website; and (iv) any and all content created and produced by Fundação Itaú Social, per se or any third party, which may not be used, in any medium or form, by the Users.
9.2 In the cases in which the Websites and/or Applications allow sending and/or transmission of Content by the User, the User grants free, non-exclusive, irrevocable and non-reversible authorization to Fundação Itaú Social for the exercise of any and all economic rights (including copyright and related rights) on any Content sent and/or transmitted by the User to the Website and/or Application, in any medium or form, at its sole discretion, without any restriction or limitation of any nature. The User hereby declares and assures that the Content does not infringe the rights of third parties and that he/she has obtained all the necessary authorizations to enable its use by Fundação Itaú Social.
Forbearance of any failure to comply with any of the provisions hereof by any User shall not constitute waiver of the right to require compliance with the obligation, nor forgiveness of, nor amendment to the terms and conditions hereof.
12. APPLICABLE LAW AND JURISDICTION: