Privacy Policy and Terms of Use

Terms of Use and Privacy Policy

This document regulates the use of the platform ZapGuru, hereinafter referred to as "Tool".

When signing the Tool you, hereinafter referred to as "User", contracts and agrees to the terms below.
PIXEL BELIVER, legal person governed by private law, registered with the NIF under number 514616610, headquartered in Lisbon, Portugal, at Rua Cidade Vila Cabral, N 46B, Olivais, Lisbon, Portugal, Postal code 1800-131, hereinafter "ZapGuru" , through its legal and technical responsible, Iaron Simis, Brazilian, holder of RG nº 7109505 and CPF nº 056.667.344-40, establishes the present instrument, called PRIVACY POLICY AND TERMS OF USE , whose conditions and clauses User declares, in the act of contracting / signing, that he / she read previously and accepts to submit. The acceptance of these Terms of Use and Privacy Policy it is absolutely essential to use the services provided by ZapGuru. This document is governed by Law No. 12.965 / 2014 (Marco Civil da Internet), Law No. 13.709 / 2018 (Data Protection Law) and the European Data Protection Regulation or GDPR (General Data Protection Regulation).

1. PRIVACY POLICY

1.1 GENERAL RULES FOR STORING USER AND THIRD PARTY DATA

1.1.1 Anyone who has data stored by ZapGuru, after proof of identity through confirmation of the respective data, has the right to request by phone +55 (11) 3042-0035 or by email (support [at] zap. guru), information such as (a) what proprietary data is stored, (b) the purpose of storing this data, (c) to whom this data was disclosed and (d) the storage term.

1.1.2 In addition, you are also entitled to request that this data be (a) rectified, (b) erased or (c) limited.

1.1.3 In the case of the above requirements, ZapGuru reserves the time limit of 30 (thirty) days for the fulfillment of the request, the requester being informed via e-mail or WhatsApp.

1.1.4 In the event of a possible breach of personal data that could result in a risk of the rights and freedoms of the data owner, ZapGuru undertakes to notify the responsible User within 72 hours.

1.1.5 If the User or the data subject is geographically located in any country of the European Union, the User must notify the respective data subject, as well as the control authority of the respective country, within 7 working days.

1.2 PERSONAL USER DATA

1.2.1 The Tool collects, after effective hiring, the following personal identification information of the User provided at the time of purchase: name, date of birth, CPF / CNPJ, address, e-mail and telephone number.

1.2.2 If the client is a legal entity, the name, CPF and date of birth of the company's legal representative must be included.

1.2.3 The information is provided by filling out a form by the User at the time of contracting / signing the service, the latter being responsible for its correction and updating.

1.2.4 The information provided will be used for communication, notification and billing from users, and ZapGuru is authorized to use it also for the operation of sending e-mails, such as sending a Newsletter, release announcements, news related to the Tool . The User may cancel the subscription to receive e-mails at any time.

1.2.5 ZapGuru will maintain access records, under confidentiality, in a controlled and secure environment, for at least 6 months, pursuant to Article 15 of Law No. 12.965 / 2014 (Marco Civil da Internet).

1.2.6 Only ZapGuru employees will be able to access the User's personal information, whose disclosure to third parties will not be carried out without authorization.

1.2.7 The Tool uses re-marketing tools and primary cookies from Google Analytics, Facebook, hotjar and Hotmart to increase the user experience with our content. They, in turn, have their own terms of use and privacy policies which can be accessed through these links:

https://app.hotmart.com/pp.html

https://www.facebook.com/msqrd/privacy

https://policies.google.com/technologies/partner-sites

https://www.hotjar.com/legal

1.2.8 This feature the User can disable by accessing the links above.

1.2.9 In addition to the personal data reported above, the Tool collects information contained in advertisements such as the IP address and ISP the browser you used when visiting the ZapGuru website, the time of your visit and the pages you visited on our website.

1.2.10 This information (listed in item 1.2.1) is collected for the sole purpose of optimizing the User's own navigation and experience through the ZapGuru website.

1.2.11 In addition, other information such as personal preferences is stored through Cookies.

1.2.12 The above functions (listed in item 1.2.11) are used for geotargeting (such as showing advertising from São Paulo only to people from São Paulo) or displaying advertising targeted to a type of user (such as showing advertising from restaurant to people who visit cooking websites regularly).

1.2.13 All Users, or anyone who surfs the Internet, have the power and independence to turn off these functions by blocking "Cookies" in the browser or anti-virus options. However, we warn you that by blocking "Cookies" it is possible that you will experience navigation problems on our website or on other websites.

1.3 USER THIRD PARTY DATA COLLECTION

1.3.1 Bearing in mind that the Tool allows the User to collect data from third parties, the User, when hiring ZapGuru, declares himself responsible for the treatment and legality of this data under the terms of Law 12.965 / 2014 (Marco Civil da Internet ), Law No. 13.709 / 2018 (Data Protection Law) and the European Data Protection Regulation or GDPR (General Data Protection Regulation).

1.3.2 If the User is geographically located in any country of the European Union or, still, captures data from any person who is geographically located in any country of the European Union, the user undertakes to inform in its own Terms of Use and Policies of Privacy a representative to be contacted by the control authorities and data holders of that region, under the terms required by the GDPR (General Data Protection Regulation).

1.3.3 ZapGuru will not process this data, unless requested and authorized by the User.

1.3.4 If ZapGuru identifies any illegal data capture by the User, it will immediately block the respective capture and the User's access to the Tool.

1.3.5 The capture of genetic, biometric or health data from third parties by the User is not permitted, unless expressly and unequivocally authorized by their holders. If the User comes to obtain the respective authorization, he must immediately prove it to ZapGuru, under penalty of having his access blocked under the terms of item 1.3.4.

1.3.6 In the same way as in the previous item, it is not allowed to collect data from children under 16 (sixteen) years old by the User, without the express authorization of those responsible.

2. TERMS OF USE

2.1 SECURITY

All data entered into the Tool, including third party data captured by the User, is confidential and protected through strict access and encryption controls. Our team of developers does everything possible to keep the Tool safe, but we cannot guarantee 100% security and like any online venture, we are subject to risks.

2.2 CONNECTION

In order to enjoy the services offered by ZapGuru, the User must guarantee a continuous and fast connection to the Internet. The User is solely responsible for obtaining and paying for his Internet connection, which will allow him to enjoy the platform. The User acknowledges that the quality of the Internet connection depends, among others, on the Internet access provider and the Internet infrastructure provider, on the volume of other uses that the customer makes in the available band at any given moment and also on the quality of the equipment. connector in your possession. ZapGuru is not responsible for any faults and / or problems in the visualization attributed to a defective, interrupted or slow Internet connection or with problems attributed to the User's hardware (PC, notebook, tablet, cell phone, etc.).

2.3 PAYMENT

2.3.1 Upon signing / contracting the Tool, the User will be able to choose between MONTHLY, SEMI-ANNUAL or ANNUAL payment plans, as offered on the website.

2.3.2 The available means of payment are boleto bancário, credit card via HOTMART and PayPal.

2.3.3 Failure to access the platform and / or not use the services provided in the Tool will not exempt the User from the monthly payment, as the payment is due by simply providing the service.

2.3.4 The purchase by credit card will result in automatic payment of the subscription, be it monthly, half-yearly or annual and will be shown on the card invoice.

2.3.5 Purchase via bank payment slip will result in monthly, semi-annual or annual payment of the same to the e-mail address registered at the time of purchase.

2.3.6 The Semiannual and Annual plans follow the same procedures as the Monthly plan, however, your subscription will continue according to the period imposed on them, that is, 6 months and 12 months respectively. In the same way as in the monthly plan, there will be automatic renewal with the charge on the credit card or sending a bank slip in the next payment period.

2.3.7 The invoice will be generated within 30 (thirty) days after payment confirmation and sent by email to the User.

2.3.8 We emphasize that if the User chooses to pay in installments, this will be done by the credit card operator and not by ZapGuru. Installment by bank slip is not possible.

2.4 DEFAULT

2.4.1 Failure to pay the monthly fee for more than 7 days (recurrence in default) will result in the account being blocked. Hotmart will notify you of monthly payment delays via email before ZapGuru performs the account lockout.

2.4.2 The release will only happen upon payment of all arrears, including monetary correction and legal default interest.

2.4.3 If it is found that the Tool was used / made available without due payment and there is no request to cancel the subscription, the amount for the period used may be charged by phone, e-mail, correspondence and / or legal action, with an increase monetary restatement, legal interest from maturity and 20% attorney fees.

2.4.4 If ZapGuru understands that it does not charge a monthly fee, monetary correction or interest, this act will constitute mere liberality, never waiving the right.

2.5 REFUNDS

2.5.1 According to the consumer protection code, the customer has the right of regret for hiring products or services made online up to 7 days after the first purchase and will receive a refund regarding their monthly fee.

2.5.2 The additional user plans, additional numbers and upgrades, mentioned in item 2.7 or any additional ones contracted afterwards, will not be refunded, in addition to the single SETUP fee.

2.5.3 Credit card purchases will NOT be refunded in installments, given that the payment is made in cash by the card operator and this is the one who will charge the User's installments.

2.5.4 In the case of a cash purchase via credit card, the purchase price will be refunded on the next credit card statement or on the subsequent month's invoice, that is, from 30 to 60 days, depending on the closing date of your invoice and also from the credit card company.

2.5.5 The reversal of the amount paid via bank slip will be via a current account. As soon as the refund is made in the Hotmart system, the user will receive an email to register the bank account where the refund will be made.

2.6 CANCELLATION OF THE SUBSCRIPTION

2.6.1 The charge will be interrupted upon the User canceling the subscription request with the ZapGuru team. If there is no cancellation request, you will be charged automatically for each contracted period.

2.6.2 With the request to cancel the subscription, the User's access to the Tool will be immediately blocked and the automatic charging for period by ZapGuru and Hotmart will cease in the subsequent period, with no refund of the installments already paid.

2.7 ADDITIONAL PLANS (UPGRADE)

The additional packages (upgrade) can only be purchased if the main plan (Monthly, Semiannual, Annual) is paid on time, otherwise, the User will have 7 days after expiration to regularize their condition before purchasing an additional plan.

2.8 DISCOUNT COUPON

The discount coupon delivered by ZapGuru and its partners may be used only 1 (one) time and limited to a single CPF / CNPJ, that is, it is non-transferable and is not cumulative. The discount coupon can only be activated by new subscriptions.

2.9 ACCESS

2.9.1 Access will be granted after payment has been identified and after the customer has filled out the form with their account information. Access data will be sent via whatsapp within 24 hours, during business hours.

2.9.2 The User has access 24 hours a day, 7 (seven) days a week to the platform while the payment of his plan is up to date, except in special cases of scheduled system maintenance.

2.10 ILLEGAL OR ANTHETIC USE OF THE TOOL BY THE USER

2.10.1 It is prohibited to use the Tool for the publication, creation, storage and / or dissemination of abusive content, such as texts, photos and / or videos that are defamatory, discriminatory, obscene, offensive, threatening, abusive, vexing, harmful , which contains expressions of hatred against people or groups, or which contains child pornography, graphic or violent pornography, content that may be harmful to minors, that contains religious or racial insults or threats, or that encourages moral damage (including bodily harm) and property, or that may violate any third party right.

2.10.2 It is also prohibited to use the Tool for spamming (abusive sending) messages. If it is identified that the user is using the Tool to spam, we reserve the right to block the account, in addition to the user being penalized by WhatsApp itself.

2.10.3 The purpose of ZapGuru is to automate repetitive processes through WhatsApp, uploading phone lists in which the numbers have not contacted the customer freely and spontaneously, are characterized as "unsolicited message". The sending of such messages may be interpreted as SPAM.

2.10.4 In addition, the User agrees that, when using the ZapGuru system, he will not:

a) Violate any rule contained in this Privacy Policy and Terms of Use document;

b) Practicing falsehood, thus understood to be false information (ie: purposeful and voluntary disclosure of information that the User knows to be false or that is notoriously false) and ideological falsehood;

c) Publish or transmit any abusive or offensive content in the comments;

d) Committing fraud;

e) Violating or infringing intellectual property rights, fiduciary or contractual rights, privacy or publicity rights of others;

f) Propagate, distribute or transmit destructive codes, whether or not they have caused real damage;

g) Gather personal or commercial data, including (but not limited to) e-mail addresses and / or names of any Internet resource, whether managed by ZapGuru or by third parties, for commercial, political, charitable or other purposes, without the consent of the owners of such data;

h) Reproduce, replicate, copy, alter, modify, create derivative works from, sell or resell any of ZapGuru's services or any part thereof, including websites and web pages, or the information or data contained in the Tool's services;

i) Transmit content that does not belong to the User or that he has no right to publish or distribute, whether under law or contract;

j) Accessing the Tool without authorization, through hacking, password mining or any other fraudulent means or that represents a violation of the rights of third parties;

k) Carry out or encourage any illegal activities;

l) Fail to comply with any applicable laws, rules, rules, principles and regulations.

2.10.8 Violation of any of the rules set forth herein will result in the blocking of access to the Tool, without prejudice to any charges for losses and damages.

2.10.9 ZapGuru is not responsible for the content published through the system, and may remove the content from the Internet if there is a violation of this term or the rights of third parties.

2.11 SUPPORT

The Technical Support of the tool will be through our exclusive channel via WhatsApp during business hours, from 8 am to 18 pm from Monday to Friday, to access the online chat go to the Call Center within ZapGuru.

2.12 SHARED ACCESS

2.12.1 The sharing of access data is not allowed under any circumstances, the subscriber may have his access blocked if the system identifies access by different IPs. For blocked accesses, the subscriber will have to wait up to 72 hours for their access to be released again, after analysis by our IT team.

2.12.2 Sharing access data, as well as copying and / or distributing content without written authorization from the author is considered piracy. Piracy is a crime and, if identified and proven, the offender will be prosecuted, thus responding to the terms provided for by law.

2.13 DATA BREACH

2.13.1 ZapGuru will notify the contracting user / company within 24 hours of becoming aware of a real or reasonably presumed Data Breach. Such notification will be sent, at least by email and / or whatsapp with confirmation of reading.

2.13.2 ZapGuru will cooperate extensively to facilitate the investigation and remediation of a Data Breach.

2.13.3 ZapGuru will not inform any third party of any Data Violations without first obtaining the consent of the user / contracting company, except as may be strictly required by the Privacy Laws.

2.13.4 The details of any complaint received by ZapGuru in relation to the processing of Highly Restricted Data, Personal Data or User Tracking Data will be promptly sent to a commercial contact of the user / contracting company for investigation of the occurrence.

2.13.5 ZapGuru will take all necessary and appropriate corrective measures, in accordance with the Privacy Laws, to remedy or mitigate any Data Violations.

2.14 FINAL TERMS AND CONDITIONS

2.14.1 By contracting with ZapGuru, the User is fully aware that the system undergoes changes on a daily basis, prior notifications are not required for each change, unless we deem it necessary.

2.14.2 The User is also fully aware that there is a possibility of encountering “system bugs”, that is, failures in the processes, as well as facing slowness and the inability to use the system for a few hours.

2.14.3 ZapGuru is not responsible for any losses incurred due to unforeseen bugs and / or due to external occurrences that every company is subject to.

2.14.4 In addition to all the rules imposed in this document, the User undertakes to develop and provide its "customers" or "visitors" with the Privacy Policies applied in their own environment, which must be in accordance with this document, with Law 12.965 / 2014 (Marco Civil da Internet) and with the European Data Protection Regulation or GDPR (General Data Protection Regulation).

2.14.5 Whenever there is a change in these Terms of Use and Privacy Policy, the User will be notified via email. After 5 (five) days of this communication, if there is no manifestation, the changes will be considered accepted.

2.14.6 The Recife / PE forum is hereby elected to settle any disputes regarding the use of the Tool or these Terms of Use and Privacy Policy, the parties waiving any other, however privileged it may be.

2.14.7 If the customer does not accept the terms of use imposed above, the cancellation of the subscription can be requested in our Call Center with the Cancellation sector