IN COMPLIANCE WITH GDPR and lgpd

TERMS OF USE AND PRIVACY POLICIES

This document presents the Terms of Use and the Privacy Policies adopted in the relationship between Ouvidor Digital and the whistleblowers. Whistleblowers are considered to be users of reporting channels managed by Ouvidor Digital, such as employees, customers, third parties, partners or any other interested party.

Last modified: June 24, 2020


1. ACCEPTANCE OF TERMS

By clicking on the button indicating your acceptance, you declare that you are over the age of 18 and are in compliance with this Term and with the Privacy Policies adopted by the Ouvidor Digital platform. You also hereby declare that you have the necessary powers to assume the declarations provided for in this Term.

     2. PRIVACY 

Users who report the channel, that is, users of the reporting channels manag ed by Ouvidor Digital - employees, customers, third parties, partners or any other interested party, will not be identified under any circumstances, if they so wish. Anonymity and confidentiality are always guaranteed.

 Ouvidor Digital does not store the IP addresses of the devices of the users of the system, nor any form of tracking the calls of the users of the system via telephone. Once the reports are received, Ouvidor Digital will forward the information to a specific committee of the reported company. This committee is formed by a group of employees defined by the organization, with the aim of analyzing and verifying the data received. This committee is responsible for investigating the report and collecting evidence, if necessary, as well as adopting the appropriate measures when deemed necessary, always in accordance with the organization's code of conduct. 

Each and every report made has a protocol number, so that the user can later and anonymously supplement his registration and monitor its developments. This protocol number also allows the organization and the user to maintain a virtual and anonymous dialogue, through questions and answers. 

Ouvidor Digital does not use cookies to register and consult reports. These are used exclusively for tracking application errors and generating statistical access events from Analytics platforms, such as Google Analytics, for example. If you have any questions, please contact us by e-mail: legal@ouvidordigital.com.br 

     3. USER INFORMATION

No whistleblower necessarily needs to provide any personal information. Anonymity aims to guarantee the user the tranquility and security necessary for the reporting of information, mainly because, frequently, the facts reported by the whistleblowers are quite sensitive.

 However, if it is of interest to the user, Ouvidor Digital will request personal data from users. In such cases, all reported information is treated with the necessary confidentiality. All data obtained by Ouvidor Digital are revealed by the whistleblower himself, by consensus, respecting, therefore, their intimacy and privacy.

 The team of professionals at Ouvidor Digital is properly trained and qualified to guarantee the necessary anonymity and professional secrecy, without compromising the identity and privacy of any user.

  All data requested to the whistleblower is related to the specific purpose of the report. Ouvidor Digital requests only the information necessary for the correct treatment of the report, in order to enable the resolution of the reported problem. But, ultimately, it is the whistleblower's decision whether or not to share that information.

   4. USER CONTENT

The user is guaranteed to respect three fundamental rights: freedom, privacy and free personality development. As provided in art. 18 of Law 13.709/2018, the user is also guaranteed:

  • confirmation of the existence of treatment; 
  • access to data; 
  • correction of incomplete, inaccurate or outdated data; 
  • anonymizing, blocking or eliminating unnecessary, excessive or treated data in non-compliance with the provisions of this Law; 
  • portability of data to another service or product supplier, upon express request, in accordance with the regulations of the national authority, subject to commercial and industrial secrets;
  • elimination of personal data processed with the consent of the holder, except in the cases provided for in art. 16 of this Law; 
  • information from public and private entities with which the controller shared data use; information about the possibility of not giving consent and about the consequences of the refusal;
  • revocation of consent, pursuant to paragraph 5 of art. 8 of this Law. 

Ouvidor Digital guarantees the transparency of the entire process, enabling the rectification and correction of data, as well as their eventual exclusion. That is, the user is the data owner. If it is in the user's interest to remove any of his personal data, he must send an e-mail to the address legal@ouvidordigital.com.br and request the removal of his personal data in a specific report. 

To certify the authenticity of the request, the user must send a document that proves his identity, name of the company reported and date of creation of the report. Those responsible for the Ouvidor Digital's incident management will validate the veracity of the information.

  5. ACCEPTABLE USES 

Legal Compliance: You must use the service exclusively in compliance with applicable law and only on terms permitted by it. 

 Your Responsibilities: You are responsible for your conduct and the accuracy of the report provided. The data and information provided must be true, as well as have been obtained lawfully.

You cannot misuse our service, interfering with its normal operation or trying to access it by any method other than the interfaces and instructions we provide;

You cannot investigate, scan or test the vulnerability of any Ouvidor Digital system or network; 

You may not transmit any viruses, malware or other types of illicit software, or links to such software through the service;

     6. USER CONTENT 

Entire Agreement: This Term (including any Additional Terms) constitutes the entire agreement between you and Ouvidor Digital and supersedes any other prior or contemporary agreements, terms and conditions, written or oral, relating to your subject. 

 Absence of Waiver: The fact that a party fails to enforce a provision set forth in this Term or takes a long time to do so will not be interpreted as a waiver by this party, of its right to do so later. 

Prevalence: If any conflict arises, the Additional Terms prevail over this Term in relation to the service to which the Additional Terms apply.

Individuality: If any provision of this Term is considered unenforceable by a court of competent jurisdiction, the aforementioned provision must be considered individually, and the other provisions must remain in full force and effect.

  Forum: It is elected by the PARTIES, with express waiver of any other, however privileged it may be, the forum of Belo Horizonte/MG, as the only one competent to settle any doubts or controversies arising from this Term.