INTRODUCTION
FIGZ’s Privacy Policy was created under the Personal Data Protection Act (PDPL, nº 13.709/2018). In accordance with current Brazilian legislation, this Policy acts as a data controller (whether physical or legal, public or private, responsible for decisions on the processing of personal data) of the personal data collected by the information provided by the application. The FigZ App complies with the PDPL and is committed to protecting data collection in accordance with this law.
This document also governs your rights and obligations for the use of our FigZ Application, other services (“Services”) provided on the internet or mobile media, and also any information, texts, links, graphics, photos, videos or other materials or disposition of materials uploaded, downloaded or displayed on the Services (collectively, “Content”). By using or accessing the FigZ App Services, you agree to this Statement, as updated from time to time. If you do not agree with these Terms or any part thereof, then you must not use the Service.
When user consent is required, the FigZ Application will request your consent before: (i) sending you news and promotional content; (ii) access information stored on Users’ devices about their use or interaction with the Application and error reports; (iii) analyze user content. You may withdraw your consent to these activities at any time.
This policy explains when the FigZ Application processes personal information for its legitimate interests. Users can request that the FigZ App stop processing this information.
FigZ App provides interactive features integrated into social media sites like Instagram. The data collected by will be used to improve the performance, interaction and experience between the application and the users of the application.
1. WHO CAN USE THE SERVICES
You may use the Services only if you agree to enter into a binding contract with the FigZ Application and you are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so.
2. CONTENT
You are responsible for your use of the Services and any Content you provide, including compliance with applicable laws, rules and regulations. You should only provide Content that you are comfortable sharing with others. When using the networks that may be used by the FigZ Application, you are responsible for the interactions and publications in these environments, and must respect the terms of use specific to each one of them, with the FigZ Application not being responsible for the misuse of the linked networks.
3. PRIVACY
Our Privacy Policy describes how we handle information provided when using our Services. You understand that by using the Services, you consent to the collection and use (as set out in the Privacy Policy) of this information, including the transfer of this information to other countries for the purposes of storage, processing and use by the FigZ Application and its affiliates. Any use of or reliance on any Content or materials posted through the Services or obtained by you through the Services is at your own risk. We do not approve, support, represent or guarantee the integrity, veracity, accuracy or reliability of any Content or communication published and/or retransmitted through our platforms, nor do we endorse opinions expressed by them. You understand that by using the Services on our platform, you may be exposed to Content that is offensive, harmful, inaccurate, inappropriate or, in some cases, misidentified or fraudulent publications. All Content is the sole responsibility of the person creating and publishing it. We cannot monitor or control Content posted through the Services, and we cannot be responsible for such Content. The personal data provided by platform users may be disclosed to partner companies to be used in the development of new modules. The FigZ Application also reserves the right to eventually contact its users through the platform itself, by email or even by telephone if it deems it necessary.
4. SECURITY
We do our best to keep the FigZ Application secure, but we cannot guarantee this. We need your help to keep the FigZ App secure, which includes the following commitments on your part: a) you will not post unauthorized commercial communications (such as spam) on the FigZ App. b) you will not collect content or information from users, or access the FigZ Application, using automated means (such as collection bots, robots, spiders or scrapers) without our prior permission. c) you will not take part in illegal multi-level marketing, such as a pyramid scheme, on the FigZ App. d) you will not load viruses or other malicious code. e) you will not request login information or access an account belonging to someone else. f) you will not intimidate, harass or bully any user. g) you will not post or retransmit content that contains hate speech, is threatening or pornographic; incite violence; or contain nudity or gratuitous or graphic violence. h) you will not develop or operate a third party application with content related to alcohol, dating or other adult content (including advertisements) without appropriate age-based restrictions. i) you will not use the FigZ Application to commit any illegal, wrongful, malicious or discriminatory act. j) you will not do anything that could disable, overburden or prevent the proper functioning or appearance of the FigZ Application, such as a denial of service attack or interference with page processing or other functionality of the FigZ Application. l) you will not facilitate or encourage a violation of this Statement or our policies.
5. ACCOUNT REGISTRATION AND SECURITY
You may need to create an account to use some of our Services. You are responsible for protecting your account, so please use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage resulting from your failure to comply with the above. FigZ App users provide their real names and information, and we need your help to keep it that way. Below are some of the commitments you make to us regarding registration and maintaining the security of your account. a) You will not provide any false personal information on the FigZ App, nor create an account for anyone other than yourself without permission. b) You undertake to link your FigZ Application account only to profiles and channels on networks that are owned by you and that do not post content that goes against the platform’s policy. c) You will not create more than one personal account. d) If we disable your account, you must not create another one without our permission. e) You will not use the FigZ App if you are under 18 years old. f) You will keep your contact information accurate and up to date. g) You will not share your password (or, in the case of developers, your secret key), let someone else access your account, or take any action that could compromise the security of your account. h) You will not transfer your account (including any Page or application managed by you) to anyone without first obtaining our written permission and likewise the FigZ Application account is not inherited by anyone. i) If you select a username or similar identifier for your account, we reserve the right to remove or recover this name or identifier if we deem it appropriate (for example, where a trademark owner claims a username that does not bears any relation to the user’s real name).
6. YOUR RIGHTS
You will retain your rights to any Content that you submit, post, retransmit or display on or through the Services. What’s yours will be yours; you own your Content (and your photos and videos form part of the Content). By submitting, posting, retransmitting or displaying Content on or through the Services, you grant us a free, non-exclusive worldwide license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute that Content in any and all media types or distribution methods (now available or to be developed). This license authorizes us to make your Content available to the rest of the world and allows other users to do the same. You agree that this license grants the FigZ Application the right to provide, promote and improve the Services, and to make Content submitted to or through the Services available to other companies, organizations or persons that partner with the FigZ Application for distribution purposes. , transmitting, disclosing or publishing it in other types of media and services, subject to our Content usage terms and conditions. Such additional uses by the FigZ Application or other companies, organizations or individuals partnering with the FigZ Application may be without you being owed any compensation for the Content you submit, post, transmit or otherwise make available through the Services. You represent and warrant that you have all necessary rights, powers and authorizations to grant the rights hereunder in any Content submitted by you.
7. HOW IS INFORMATION COLLECTED AND WHAT LEGAL BASIS WILL IT BE USED?
The FigZ Application uses your collected information for the following purposes:
• To fulfill contractual obligations or to carry out actions linked to a contract: this is relevant when you use the FigZ App (whether paid or free version). That includes:
o To provide you with apps and websites;
o To send you communications (for example, about payments or subscription expiration); and
o To provide customer support or services.
o As necessary for FigZ to conduct its business and exercise legitimate interests, specifically:
o Analyze your usage and measure the effectiveness of your websites and apps, to better understand how they are being used and improve them;
o To send you information about FigZ products and services, special offers and similar material;
o Analyze your use of the application and its content, as well as your interaction with the respective communications, with the aim of adjusting and customizing the application and its marketing communications (when user consent is not required);
o Analyze your content using techniques such as machine learning to improve the app’s services and your experience (when user consent is not required);
o Diagnose application problems;
o Detect, prevent or otherwise resolve fraud, technical or security issues, as well as protect against harm to the rights, property or safety of FIGZ, its users or the public;
o Conduct surveys and market surveys about the app’s customers, their respective interests, the effectiveness of their marketing campaigns and customer satisfaction (if FIGZ needs consent to carry out these surveys, they will only be carried out with the user’s permission);
o To investigate and respond to comments or complaints submitted by the user; and
o In connection with legal claims and for compliance, regulatory and investigative purposes, as necessary (including disclosing information related to litigation or legal proceedings upon request of government agencies).
When FigZ processes user information in accordance with its legitimate interests, the user may object to that process under certain circumstances. In such cases, the processing of the information will stop, unless FigZ has sufficient legal reason to continue or it is necessary for legal reasons.
• When necessary, when you give your consent or otherwise are consistent with your choices:
o To send you information about FIGZ products and services, special offers and similar material;
o To access information stored on your device, which may be received through settings on your device (eg photos) and to provide certain functionality in our application; and
o Analyze your content, using techniques such as machine learning, to improve services and your experience.
On other occasions when FigZ requests your consent, it will use your data for the purposes explained at the time of the request. In cases where your consent is required to process information, you can withdraw your consent at any time.
• For legal reasons:
o To respond to requests from government or law enforcement authorities to conduct an investigation.
o Detect, prevent or otherwise resolve fraud, technical or security issues and software piracy (for example, to confirm that software is genuine and properly licensed), helping to protect the user and FIGZ.
• When processing and disclosure is not required by law, FIGZ will act in accordance with its legitimate interests.
8. SCORING, REDEMPTION OF POINTS AND AWARDS
Scores, recognition for activity or participation, or awards are determined by the administrator of each account you may be linked/active to. Determining the relationship between each activity and the resulting score/recognition is the sole responsibility of the account administrator. It is also the responsibility of the administrator to pay/redeem such points, and the FigZ Application is not under any obligation to honor whatever has been determined by the administrator.
9. PROTECTION OF OTHER PERSONS’ RIGHTS
The FigZ Application respects the rights of others, including intellectual property rights, and expects users of the Services to do the same. We reserve the right, at our sole discretion and without prior notice, to remove allegedly infringing Content, without liability to you a) You will not post content or take any action on the FigZ Application that infringes or violates the rights of others or the law. b) We may remove any content or information posted by you on the FigZ App, or even your account, if we believe it violates this statement or our policies. c) We provide you with tools to help you protect your intellectual property rights d) If we remove your content for infringing someone’s copyright, and you believe we removed it in error, we will provide you with an opportunity to appeal. e) If you repeatedly infringe the intellectual property rights of others, we will disable your account where appropriate. f) You will not use our copyrights, trademarks or any confusingly similar marks except as expressly authorized by our Brand Usage Guidelines or with our prior written permission. g) If you collect information from users, you must: obtain their consent, make it clear that it is you (and not the FigZ Application) who is collecting the information, and post a privacy policy explaining what information will be collected and how it will be used. h) You must not post identification documents or confidential financial information of third parties on the FigZ App.
10. CELL PHONE AND OTHER MOBILE DEVICES
We currently provide our mobile services for free, but please be aware that your carrier’s normal fees and taxes, such as text message fees, still apply.
11. USE OF SERVICES
You may use the Services only in accordance with these Terms and all applicable laws, rules and regulations. Our Services are constantly evolving. Accordingly, the Services may change from time to time, in our sole discretion. We may discontinue (permanently or temporarily) providing the Services or any features in the Services to you or users generally. We may also retain the right to create usage and storage limits, in our sole discretion and at any time. We may also remove or refuse distribution of any Content on the Services, suspend or terminate user accounts, and retrieve user names without liability to you. In consideration of FigZ Application for granting you access to and use of the Services, you agree that FigZ Application and its third party providers and partners may place advertisements on the Services or in connection with the display of Content or information from the Services submitted by you. or by other people. You also agree not to misuse our Services, for example by interfering with or accessing them through a method other than the interface and instructions provided by the FigZ Application. You may not perform any of the following actions when accessing or using the Services: (i) access, tamper with or otherwise utilize non-public areas of the Services, the FigZ Application computer systems or the technical delivery systems of the FigZ Application providers; (ii) probe, scan or test any system or network for vulnerabilities, or breach or defeat any security or authentication measures; (iii) access or search, or attempt to access or search the Services by any means (automated or otherwise) other than through the published and updated interfaces made available by the FigZ Application (and subject to the respective terms and conditions) , except when you have been specifically authorized to perform these acts through a separate agreement with the FigZ Application (NOTE: crawling or using automatic indexers in the Services is permissible provided that it is carried out in accordance with the terms and conditions contained in the file robots.txt; however, scraping of the Services without the prior consent of the FigZ Application is expressly prohibited); (iv) forge the header of any TCP/IP packet or any part of the information contained in the header of any e-mail or publication, or use the Services in any way to send altered, misleading or false source-identifying information; or (v) interfere with or impair (or attempt to do so) access by any user, hosting service provider (main storage or server) or network access, including, without limitation, through acts such as sending viruses, overloading, flooding, spamming (unsolicited communications), email-bombing directed at the Services, or through the use of scripts to create Content in a manner that interferes with or creates an excessive load on the Services . We also reserve the right to access, read, preserve and disclose any information that we believe is reasonably necessary to (i) satisfy a governmental request pursuant to any applicable law, regulation or legal process, (ii) comply with the Terms, including the investigation of potential violations of this Agreement, (iii) detect, prevent, or otherwise deal with fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of the FigZ Application, its users and the public. The FigZ Application does not disclose personal information to third parties.
12. CHANGES
We will notify you prior to making changes to these terms and provide you with an opportunity to review and comment on the revised terms before continuing to use our Services. If we make changes to policies, guidelines or other terms referenced or incorporated in this Statement, we may post a notice on the Site Governance Page. If you continue to use the FigZ Application Services after notice of changes to our terms, policies or guidelines, that will constitute your acceptance of the amended terms, policies or guidelines.
13. TERMINATION OF THESE TERMS
You may terminate your legal agreement with the FigZ Application at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or stop providing you with all or any part of the Services at any time and for any reason, including – without limitation – if we reasonably believe that: (i) you have violated these Terms or the FigZ App Rules; (ii) you create risk or possible legal risk for us; (iii) your account must be removed due to prolonged inactivity; or (iv) providing our Services to you is no longer commercially viable.
14. LEGAL NOTICES AND LIMITATIONS OF LIABILITY
The Services Are Provided “AS IS” Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The FigZ Application DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER IMPLIED OR EXPRESS, OF FITNESS FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The FigZ Application does not provide any type of guarantee or declaration and excludes any liability: (i) for the completeness, accuracy, availability, timeliness, security or reliability of the Services or Contents; (ii) for any damage suffered by your computer system, loss of data, or any other type of damage resulting from your access to or use of the Services or Content; (iii) the deletion, failure to store or transmit any Content and other communications maintained by the Services; and (iv) the suitability of the Services to your requirements or the availability of the Services in an uninterrupted, secure, or error-free or defect-free manner. No advice or information, whether written or oral, obtained from the FigZ Application or through the Services will create any warranty or representation that is not expressly set out in these Terms. The FigZ Application SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER DIRECT OR INDIRECT, OR FOR ANY LOSS OF DATA, USE, GOODWILL OR ANY INTANGIBLE LOSSES , ARISING OUT OF (i) YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT BY THIRD PARTIES ON THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT BY OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED THROUGH THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SUB-CLAUSE APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTORY OR REGULATORY PROVISION, TORT (INCLUDING FAULT) OR OTHERWISE, WHETHER REGARDLESS OF WHETHER THE FigZ Application HAS BEEN ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND EVEN IF ANY OF THE FORMS DESCRIBED ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTIES LASTS, SO THIS SECTION MAY NOT APPLY TO YOU IN ITS ENTIRETY, BUT IT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If any clause of these Terms is held to be invalid or unenforceable, that clause will be deemed limited or excluded to the smallest extent possible so that the remaining part of the Terms will remain valid and produce its effects. Failure by the FigZ App to exercise any right or provision of these Terms will not be considered a waiver of any right or provision.
Terms Last Updated: December 31, 2022